GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW

In Islam, guardianship is a fundamental pillar of marriage, particularly in cases involving children, highlighting the guardian's critical role in ensuring the child's welfare is fully protected before the marriage is solemnised. This responsibility is essential in preventing potential ch...

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Main Authors: Redwan Yasin, Nurul Hidayat Abdul Rahman, Sayuti Ab. Ghani, Mohamed Belal
Format: Article
Language:Arabic
Published: Universiti Sains Islam Malaysia 2024-12-01
Series:Malaysian Journal of Syariah and Law
Subjects:
Online Access:http://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/765
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author Redwan Yasin
Nurul Hidayat Abdul Rahman
Sayuti Ab. Ghani
Mohamed Belal
author_facet Redwan Yasin
Nurul Hidayat Abdul Rahman
Sayuti Ab. Ghani
Mohamed Belal
author_sort Redwan Yasin
collection DOAJ
description In Islam, guardianship is a fundamental pillar of marriage, particularly in cases involving children, highlighting the guardian's critical role in ensuring the child's welfare is fully protected before the marriage is solemnised. This responsibility is essential in preventing potential child abuse arising from the guardian's failure to safeguard the child's rights adequately. This article seeks to elucidate the Islamic legal concept of guardianship in marriage and the guardian's duty to ensure the well-being of children born within the marital union. The analysis extends to key aspects of child welfare that require careful consideration before entering marriage. The research methodology follows a content analysis approach, thoroughly examining textual and contextual elements within Islamic legal sources, scholarly writings, and relevant documents. The research is based on two primary theoretical frameworks, namely Maqasid al-Shari’ah, which provides a comprehensive understanding of how guardianship aligns with the broader objectives of Shari’ah, and Fiqh, which offers a detailed exploration of specific legal rulings across various schools of thought. The findings highlight that, despite the guardian's inherent discretion in facilitating a marriage, Islamic law obliges the guardian to prioritise and take responsibility for the child's welfare. This obligation stems from the understanding that, by overseeing the marriage, the guardian is also accountable for protecting the child from harm throughout the marital period. This study contributes to the scholarly discourse on Islamic family law, providing insights into the theoretical foundations and practical implications of guardianship and child welfare within Islamic marriages.
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institution Kabale University
issn 1985-7454
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language Arabic
publishDate 2024-12-01
publisher Universiti Sains Islam Malaysia
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series Malaysian Journal of Syariah and Law
spelling doaj-art-21f935670f4440e586be82202c464d642025-01-21T12:22:42ZaraUniversiti Sains Islam MalaysiaMalaysian Journal of Syariah and Law1985-74542590-43962024-12-0112310.33102/mjsl.vol12no3.765GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAWRedwan Yasin0https://orcid.org/0009-0004-5687-2809Nurul Hidayat Abdul Rahman1https://orcid.org/0000-0003-1008-4263Sayuti Ab. Ghani2Mohamed Belal3Faculty of Defence Studies and Management, National Defence University of Malaysia, 57000, Sungai Besi, Kuala Lumpur, MalaysiaFaculty of Law, National University of Malaysia, 50603, Kuala Lumpur, MalaysiaFaculty of Defence Studies and Management, National Defence University of Malaysia, 57000, Sungai Besi, Kuala Lumpur, MalaysiaMadarik Centre Jordan, Amman, Jordan In Islam, guardianship is a fundamental pillar of marriage, particularly in cases involving children, highlighting the guardian's critical role in ensuring the child's welfare is fully protected before the marriage is solemnised. This responsibility is essential in preventing potential child abuse arising from the guardian's failure to safeguard the child's rights adequately. This article seeks to elucidate the Islamic legal concept of guardianship in marriage and the guardian's duty to ensure the well-being of children born within the marital union. The analysis extends to key aspects of child welfare that require careful consideration before entering marriage. The research methodology follows a content analysis approach, thoroughly examining textual and contextual elements within Islamic legal sources, scholarly writings, and relevant documents. The research is based on two primary theoretical frameworks, namely Maqasid al-Shari’ah, which provides a comprehensive understanding of how guardianship aligns with the broader objectives of Shari’ah, and Fiqh, which offers a detailed exploration of specific legal rulings across various schools of thought. The findings highlight that, despite the guardian's inherent discretion in facilitating a marriage, Islamic law obliges the guardian to prioritise and take responsibility for the child's welfare. This obligation stems from the understanding that, by overseeing the marriage, the guardian is also accountable for protecting the child from harm throughout the marital period. This study contributes to the scholarly discourse on Islamic family law, providing insights into the theoretical foundations and practical implications of guardianship and child welfare within Islamic marriages. http://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/765Child’s marriagechild’s welfare guardianshipIslamic lawrights of children
spellingShingle Redwan Yasin
Nurul Hidayat Abdul Rahman
Sayuti Ab. Ghani
Mohamed Belal
GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW
Malaysian Journal of Syariah and Law
Child’s marriage
child’s welfare guardianship
Islamic law
rights of children
title GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW
title_full GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW
title_fullStr GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW
title_full_unstemmed GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW
title_short GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW
title_sort guardian s responsibility for the welfare of children in marriage a study according to islamic law
topic Child’s marriage
child’s welfare guardianship
Islamic law
rights of children
url http://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/765
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AT sayutiabghani guardiansresponsibilityforthewelfareofchildreninmarriageastudyaccordingtoislamiclaw
AT mohamedbelal guardiansresponsibilityforthewelfareofchildreninmarriageastudyaccordingtoislamiclaw