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- Title
Guardianship Authority in Marriage According to Shafii Sect.
- Authors
GULER, Hasan
- Abstract
While guardianship expresses the authority to take legal action on behalf of others without their consent in legal language, in Islamic Family Law, it refers to the authority to marry a relative of the incomplete and incompetent with or without their consent. Guardianship, the subject of our research, will be discussed in detail in the Shafii sect. Shafiis agree that girls and widows cannot be married by their own will without the consent of the parents, due to the evidence on the subject of custody, while they are of the opinion that girls who have not been married before, whether they are young or older, can be married by force. However, they put forward some conditions in order to prevent the abuse of this authority given to the parents. If we are to enumerate them, there should be no open hostility between a parent and a daughter. The two must be equated between the male and the daughter to be married. Three, the man should have the opportunity to give mahr-i mu‘ajjal. These conditions put forward in the Shafii sect are found in many sources in the sect literature. In our study, the conditions mentioned above will be examined in detail.
- Subjects
MARRIAGE; DOMESTIC relations; SECTS; WIDOWHOOD; CONSENT (Law); LEGAL language
- Publication
Kafkas University, Faculty of Divinity Review, 2021, Vol 8, Issue 15, p322
- ISSN
2148-8177
- Publication type
Article
- DOI
10.17050/kaüifd.O.2021-15-839124