Open AccessKontroversi Perempuan Sebagai Wali Nikah
Author(s) -
Agus Moh. Najib
Publication year - 2007
Publication title -
musawa
Language(s) - English
Resource type - Journals
eISSN - 2503-4596
pISSN - 1412-3460
DOI - 10.14421/musawa.2007.52.211-225
Subject(s) - wife , harmony (color) , legal guardian , patriarchy , sociology , gender studies , psychology , law , political science , art , visual arts
The concept of waliin marriage contract is essentially a mean to ascertain the attainment of the goal of a marriage, that is to maintain harmony between a husband and wife in their familial life. The institution of wali (guardianship) is meant to guarantee the rights, safety and welfare of the underage brides before and after they enter their marital life. Thus, it can be said that wali for a brU1e is needed when she is not adult yet, and has no capability to conduct legal acts by herself Meanwhile a waliwho is meant to be her protector should be an adult person with sound judgment and ability to perform legal acts so that the wali can perform the duties appropriately. If the main condition of wali is adulthood and soundness of judgment, then women, not only men, can be a wali, as it is believed by the Hanafis.