Wali Nikah dan Kebebasan Perempuan: Studi Komparatif Hukum Keluarga Malaysia, Maroko, Tunisia dan Syiria

Miftahul Huda (STAIN Ponorogo)

Jurnal Kajian Hukum dan Sosial
Vol 1 No 1 (2004)

This study aims to compare the concept of guardian and women's freedom in family law in Malaysia, Morocco, Tunisia, and Syria. The method used is normative juridical research with a comparative law approach through the analysis of marriage laws in the four countries. The results show that Malaysia and Syria still maintain the obligation of a guardian for women, with certain limitations in granting permission. Meanwhile, Morocco provides flexibility by allowing adult women to marry without a guardian, while Tunisia completely abolishes the role of the marriage guardian as a condition of marriage. These differences reflect variations in the interpretation of Islamic law and state policies on women's rights in marriage. This study emphasizes that women's freedom to choose a spouse must maintain a balance between the principles of Islamic law and human rights.