The Position of A Marriage Guardian (Wali Nikah) in the Hanafi School of Thought: Its Relevance: A Case Study of the Rizky Febian and Mahalini

Abstract

The debate over the role of the marriage guardian (wali nikah) in Islamic law remains an important issue in the study of Islamic family jurisprudence and remains relevant today. This research aims to analyze the Hanafi school of thought's perspective on the role of the marriage guardian and to examine its relevance to contemporary marriage practices in Indonesia. This study uses a normative juridical approach and a library research method, drawing on classical fiqh literature, legal regulations, and scholarly studies on Islamic family law. The analysis focuses on the differences among Islamic jurists concerning the status of the guardian in the marriage contract, particularly between the Shafi'i school, which considers the guardian an essential pillar of marriage, and the Hanafi school, which does not regard it as a determining requirement for the validity of marriage. According to the Hanafi view, a mature and legally competent woman may enter into her own marriage contract, provided she considers the principles of compatibility (kafa'ah) and a proper dowry. The findings show that Indonesian marriage law still requires a guardian, although the Hanafi perspective offers an alternative interpretation in contemporary practice.

Keyword: Islamic family law; Ijtihad; Kafa'ah; Marriage guardian