DefinePK

Research Objective

To critically examine the matrimonial rights of women under Islamic law and prevailing Pakistani societal practices concerning the concept of 'wali' (guardian) in marriage, focusing on the role of the wali's consent.

Methodology

Qualitative research methodologies, including doctrinal, historic, descriptive, investigative, comparative, and illustrative approaches. Utilized public library and net sources for material, with a reliance on primary sources supplemented by secondary sources.

Methodology Flowchart

                        graph TD;
    A["Identify Research Question"] --> B["Literature Review"];
    B --> C["Select Qualitative Methodologies"];
    C --> D["Data Collection: Primary & Secondary Sources"];
    D --> E["Analysis of Juristic Views and Legal Frameworks"];
    E --> F["Examination of Pakistani Court Cases"];
    F --> G["Synthesize Findings on Legal, Social, Religious Aspects"];
    G --> H["Formulate Conclusions and Recommendations"];                    

Discussion

The study explores the historical and legal dimensions of the wali's role in Islamic marriage, contrasting differing juristic opinions and highlighting the evolution of legal interpretation in Pakistan. It argues for a balanced approach that respects Islamic principles while safeguarding women's rights and autonomy in marriage, advocating for societal norms to evolve in line with these principles.

Key Findings

The right to marry is a fundamental right, and society plays a crucial role in its preservation while considering a woman's free will. While Islamic tradition emphasizes the concept of a wali, contemporary Pakistani law and judicial precedents increasingly uphold an adult Muslim woman's right to marry independently without a wali's consent. The role of the wali can offer advisory, negotiation, protection, and social legitimacy benefits, but these should not infringe upon a woman's autonomy.

Conclusion

The research concludes that while the concept of a wali is rooted in Islamic tradition and offers potential benefits, it is imperative to ensure that women's matrimonial rights, particularly their right to marry based on free will, are upheld and respected in contemporary Pakistani society. There is a need for societal evolution and legal frameworks to align with these principles.

Fact Check

- The study cites the Holy Qur'an 49:13 regarding equality and the prohibition of despising each other based on race or origin.
- The study references a hadith from Sunan Ibn Majah (1846) stating that marriage is the Prophet's Sunnah.
- Pakistani courts have upheld the validity of marriages conducted without the consent of a wali, as noted in cases like Humaira Mehmood v. The State (1999) and Muhammad Tariq Mahmood v. SHO (1997).

Mind Map