The Guardian’s Arbitrariness In The Right Of Marriage

Abstract

Research on abuse of rights examines the application of a contemporary theory rooted in Islamic jurisprudence. This theory aims to prevent negative use of rights causing harm to others. Specifically, this study focuses on the right of a guardian in Islamic law to approve the marriage of assigned women, ensuring their rights and interests. However, guardians can abuse this right by unjustly preventing women from marrying or proposing a different competent man against their choice. In such cases, women may seek the intervention of a judge to allow a suitable marriage. The researchers analyze and compare jurisprudential opinions, presenting evidence and stating the correct perspective. The study concludes that the guardian's marriage right is limited to safeguarding the women's best interests and considering the suitability of the husband.Keywords: Arbitrariness, right, guardian, abuse.