اشـتـراط الــولايـــة فــي الـنكــاح

Abstract

Islam considers the family as the most essential constituent of the
Islamic society. And it established rules controlling the relationships
among the individuals. Therefore ,it legalized marriage to
ensure both the marital relationships and the society stability.
Therefore, the woman’s guardian consent is indispensible to marriage
validity as a preventative measure to the individual seeking to satisfy
their whims through a lot of private marriages ( without the guardian’s
consent) in contemporary societies.
This study highlights the significance of guardian’s consent as a
condition to the validity of marriage. Not only does it define marriage
depending on Quranic verses and the Prophets sayings, its legal
rationale, the concept and significance of guardianship in the present
era, but it also studies the Prophet’s sayings related to this topic.
Therefore, it is a Hadith- based study( The Prophet’s sayings).