Konsep keperluan keizinan daripada Wali dalam pernikahan wanita berstatus anak dara menurut fiqh Munakahat

Abstract

Muslim jurists have different views on the requirement of a wali's consent in a marriage. A question arises, is the consent of the wali required in marriage? Or, has a woman the right to marry herself off? This article discusses the concept of wali from the fiqh perspective which involves definition, proof according to Islamic religious law, conditions and other related matters. Based on clasical fiqh literature, content analysis and comparison methods were used to determine to what extent views among Muslim jurists differed in this regard. The findings showed that the majority of Muslim jurists viewed that consent from the wali is the condition for the validity of marriage in the case of women who are virgins. Consent from the wali is also required in the case of women who are widows.