Marriage without wali’s consent: the paradigm shift in family structure of Pakistan
In Islamic Law an-nikah is a civil contract. Thus, to fulfil a valid contract all the requisites (arkan an-nikah) should be fulfilled. Majority of Islamic jurists opined guardian (wali) is one of the pillar determining the validity of marriage. Nevertheless, the Hanafi sect view it as a mere conditi...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English English English |
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2018
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| Online Access: | http://irep.iium.edu.my/68082/ http://irep.iium.edu.my/68082/1/Conference%20book%20ICLAS%202018.pdf http://irep.iium.edu.my/68082/2/Presentation%20ICLAS%20UMS%202018%20Marriage%20without%20Wali%27s%20Consent.pdf http://irep.iium.edu.my/68082/12/68082_Marriage%20Without%20Wali%E2%80%99s%20Consent-slide.pdf |
| _version_ | 1848786878438834176 |
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| author | Mehmood, Muhammad Ifzal Md Hashim, Noraini |
| author_facet | Mehmood, Muhammad Ifzal Md Hashim, Noraini |
| author_sort | Mehmood, Muhammad Ifzal |
| building | IIUM Repository |
| collection | Online Access |
| description | In Islamic Law an-nikah is a civil contract. Thus, to fulfil a valid contract all the requisites (arkan an-nikah) should be fulfilled. Majority of Islamic jurists opined guardian (wali) is one of the pillar determining the validity of marriage. Nevertheless, the Hanafi sect view it as a mere condition for a marriage. In Pakistan, a precedent has been set in the Supreme Court case of Saima Waheed, where it was decided that an adult Muslim woman can marry without the consent of her guardian. The decision has opened a debate whether guardian is a pillar of contract or merely a condition. In order to comprehend the issue of wali’s consent, it is essential to discuss the purpose of a marriage contract itself. The paper will kick off with the importance of the wali’s consent under Islamic law, follows by the elaboration of the legal status of a marriage contract without consent of guardian in Pakistani law. Besides armchair research, interviews with respondents involving females being forced into marriage were carried out too. The findings from the interviews, indicate that marriage without wali’s consent has destructed the family structure and isolated the partners from the family and society. The paper ends with importance to adhere to guardian in a marriage and recommendations to safeguard family system. |
| first_indexed | 2025-11-14T17:16:02Z |
| format | Proceeding Paper |
| id | iium-68082 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English English |
| last_indexed | 2025-11-14T17:16:02Z |
| publishDate | 2018 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-680822018-12-07T08:09:29Z http://irep.iium.edu.my/68082/ Marriage without wali’s consent: the paradigm shift in family structure of Pakistan Mehmood, Muhammad Ifzal Md Hashim, Noraini HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law KBP524 Aḥwāl shakhṣīyah In Islamic Law an-nikah is a civil contract. Thus, to fulfil a valid contract all the requisites (arkan an-nikah) should be fulfilled. Majority of Islamic jurists opined guardian (wali) is one of the pillar determining the validity of marriage. Nevertheless, the Hanafi sect view it as a mere condition for a marriage. In Pakistan, a precedent has been set in the Supreme Court case of Saima Waheed, where it was decided that an adult Muslim woman can marry without the consent of her guardian. The decision has opened a debate whether guardian is a pillar of contract or merely a condition. In order to comprehend the issue of wali’s consent, it is essential to discuss the purpose of a marriage contract itself. The paper will kick off with the importance of the wali’s consent under Islamic law, follows by the elaboration of the legal status of a marriage contract without consent of guardian in Pakistani law. Besides armchair research, interviews with respondents involving females being forced into marriage were carried out too. The findings from the interviews, indicate that marriage without wali’s consent has destructed the family structure and isolated the partners from the family and society. The paper ends with importance to adhere to guardian in a marriage and recommendations to safeguard family system. 2018-12 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/68082/1/Conference%20book%20ICLAS%202018.pdf application/pdf en http://irep.iium.edu.my/68082/2/Presentation%20ICLAS%20UMS%202018%20Marriage%20without%20Wali%27s%20Consent.pdf application/pdf en http://irep.iium.edu.my/68082/12/68082_Marriage%20Without%20Wali%E2%80%99s%20Consent-slide.pdf Mehmood, Muhammad Ifzal and Md Hashim, Noraini (2018) Marriage without wali’s consent: the paradigm shift in family structure of Pakistan. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished) https://iclas2018.org/parallel-sessions/ |
| spellingShingle | HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law KBP524 Aḥwāl shakhṣīyah Mehmood, Muhammad Ifzal Md Hashim, Noraini Marriage without wali’s consent: the paradigm shift in family structure of Pakistan |
| title | Marriage without wali’s consent: the paradigm shift in family structure of Pakistan |
| title_full | Marriage without wali’s consent: the paradigm shift in family structure of Pakistan |
| title_fullStr | Marriage without wali’s consent: the paradigm shift in family structure of Pakistan |
| title_full_unstemmed | Marriage without wali’s consent: the paradigm shift in family structure of Pakistan |
| title_short | Marriage without wali’s consent: the paradigm shift in family structure of Pakistan |
| title_sort | marriage without wali’s consent: the paradigm shift in family structure of pakistan |
| topic | HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law KBP524 Aḥwāl shakhṣīyah |
| url | http://irep.iium.edu.my/68082/ http://irep.iium.edu.my/68082/ http://irep.iium.edu.my/68082/1/Conference%20book%20ICLAS%202018.pdf http://irep.iium.edu.my/68082/2/Presentation%20ICLAS%20UMS%202018%20Marriage%20without%20Wali%27s%20Consent.pdf http://irep.iium.edu.my/68082/12/68082_Marriage%20Without%20Wali%E2%80%99s%20Consent-slide.pdf |