نکاح میں ولی کا شرعی کردار، اختیارات اور فقہی حدود: قرآن، سنت اور مکاتب فکر کی روشنی میں تجزیاتی مطالعہ

The Juristic Role, Authority, and Limits of the Guardian (Wali) in Marriage: An Analytical Study in the Light of the Qur’an, Sunnah, and Schools of Thought

Abstract

The institution of marriage in Islam is a sacred and foundational pillar for establishing a stable social and family system. One of the key elements in a valid Islamic marriage is the role of the guardian (Wali), who represents the bride and ensures that the marriage is conducted according to Shariah principles. This study provides a comprehensive analysis of the juristic role, authority, and limits of the Wali in the marriage contract. Drawing upon primary sources of Islamic law—the Qur’an and Sunnah—as well as classical jurisprudential works such as Bidayat al-Mujtahid, Al-Fiqh ‘ala al-Madhahib al-Arba‘ah, and Al-Majmu‘ Sharh al-Muhadhab, the research examines definitions, types, conditions, and practical applications of Wali’s authority across the Hanafi, Shafi‘i, Maliki, and Hanbali schools of thought. The study also highlights the critical importance of the bride’s consent, the scope of Wali’s discretion, and the role of contemporary legal and social considerations in applying these principles. Findings indicate that while there are minor differences across schools, the guardian’s role is essential for safeguarding the rights of the bride and ensuring compliance with Islamic law. The research further identifies challenges in contemporary practice, especially in cases involving digital and social influences, and proposes a framework for the application of Wali’s authority in modern contexts. The study concludes that a balanced understanding of Shariah, tradition, and societal customs is crucial for maintaining the sanctity and legitimacy of marriage in Islam.