نکاح میں ولی کی اجازت و عدم اجازت کا عصری مطالعہ

A modern study of the permission and disapproval of the guardian in marriage

Abstract

Islam is a religion of ease and convenience. In the Holy Qur'an, Allah says: “ and He has not laid upon you in religion any hardship”. Therefore, even with regard to marriage, Islam has maintained its constitution. Marriage is a psychological and physical need of human beings. Therefore, keeping this in mind, the religion of Islam believes in quickness as much as possible in the case of adult marriage. And it is the responsibility of the guardian to marry his adult children and not to delay it.  From the Shari'ah point of view, the permission and disapproval of the guardian has also been taken into consideration that if a girl performs her marriage without the permission of the guardian in non-Kufu, then the guardian will have the right to annul the marriage. However, the constitutional law of Pakistan contradicts this order of Shari’ah. Therefore, according to the announcement of the Supreme Court, if a sane adult girl marries herself without the permission of the guardian, then the marriage will take place and the guardian will not have the power to annul it. In conclusion, the family law of Pakistan contradicts the authority that the Shari'ah has given to the guardian in case of marriage in non-Kafu. In such a case, it is necessary to present a research review of Shariah ruling and constitutional law so that one can get acquainted with all its aspects. The above article will contain an explanation of the change in the position of the two systems with this fundamental difference proposed by the Shariah.