نکاح میں ولی کی شرط: قرآن و سنت اور فقہ اسلامی کی روشنی میں تحقیقی و تنقیدی مطالعہ

The condition of a Guardian (Wali) in Marriage (nikkah): A Critical and Analytical Study in the Light of the Quran, Sunnah, and Islamic Jurisprudence

Abstract

This research paper delves into the legal and juristic significance of the wali (guardian) in the Islamic marriage contract (nikah), aiming to establish its essentiality from a Shariah perspective. Drawing upon primary Islamic sources—the Qur’an and authentic Sunnah—the study demonstrates that the requirement of a wali is not merely a cultural formality but a binding condition according to the overwhelming majority of scholars. Through a thorough analysis of key prophetic traditions, including the well-known Hadith, “There is no marriage without a wali,” and the practices of the Companions (Sahaba), the article highlights the strong foundational basis for this condition.
The paper presents a comparative review of the four major Sunni schools of thought, outlining the positions of the Maliki, Shafi’e, and Hanbali madhahib, which unanimously uphold the necessity of a wali for a marriage to be valid. In contrast, the Hanafi school maintains that a mature and sane woman may contract her own marriage without the approval of a wali, based on their interpretation of certain Qur'anic verses and legal principles. The article scrutinizes the evidences provided by th Hanafi’s, engages with the counter-arguments of the majority, and explores the implications of both positions on contemporary Muslim societies.
By synthesizing juristic discourse, classical texts, and principles of public welfare, the article concludes that the condition of a wali is not only rooted in strong textual evidences but also serves to protect the rights and interests of women, families, and society at large. It is argued that this condition reflects the wisdom of Islamic law in ensuring social stability, familial consent, and moral accountability in the process of marriage.