Role of Wali in Contract Marriage of Islam: A Critical Analysis

Abstract

Every woman has a constitutional right to get married with her own free will. Islam gives a right to a sui juris girl to marry any person without the consent of wali. A woman who did not attain the age of puberty could not sign a marriage contract without permission of her wali. This study focuses on marriage as a one-of-a-kind contract, as well as the opinion of numerous judges expressed through decisions about the role of wali in contract marriages. It also considers the position, role, and importance of consent in a marriage contract, as well as the choice of law regulations that govern such marriages and discusses the impact of wali consent in a marriage contract in Pakistan’s legal system. On the other hand, this research also focuses on the criticism of the Hafiz Abdul Waheed vs. Asma Jahangir case about whether the permission of wali is necessary for a contract marriage. The article concludes by discussing how the consent of wali is not essential for the contract of marriage for a sui juris female. Every female has a divine and legal right to marry anyone or to choose his life partner without consent of his/her wali.