Definisi Wali dalam Pernikahan: Perspektif Fiqh dan Undang-undang Keluarga Islam di Malaysia: (The Definition of Wali (Guardian) in Marriage from the Perspective of Fiqh and Family Law in Malaysia)

Mohammad Azam Hussain; Alias Azhar

Authors

Mohammad Azam Hussain Northern University of Malaysia
Alias Azhar Northern University of Malaysia

Abstract

This article discusses the concept of wali (guardian) with special focus on the discussion of the definition and categories of wali based on fiqh (Islamic jurisprudence) and legal perspectives in Malaysia. Critical comparison was made to the provisions of the Islamic Family Law of the states in Malaysia, focusing on interpretation and categorization of wali. Legal interpretation is essential to clarify the jurisdiction of wali and to facilitate judicial procedures in resolving cases related to validation or revocation of a marriage contract, or in the case of transfer of power of a wali. Undoubtedly, differences of opinion among fiqh jurists are the key element to the comprehensiveness of the Islamic shariah. However, aspects of the uniformity of legal provisions are a catalyst for ensuring that the shariah judicial system in Malaysia will be more effective and systematic.

Keywords: shariah, wali, marriage, fiqh perspective, Islamic Family Law

Author Biographies

Mohammad Azam Hussain, Northern University of Malaysia

Pusat Pengajian Undang-undang,
Kolej Undang-undang, Kerajaan dan Pengajian Antarabangsa
Alias Azhar, Northern University of Malaysia

Pusat Pengajian Undang-undang,
Kolej Undang-undang, Kerajaan dan Pengajian Antarabangsa

The Definition of Wali (Guardian) in Marriage from the Perspective of Fiqh and Family Law in Malaysia