THE PURPOSE OF GUARDIANSHIP IN MARRIAGE – SUNAN ABI DAWOOD – AS A MODEL

Received: 30.04.2021; Revised: 29.06.2021, Accepted: 28.07.2021, Published Online: 10.08.2021

Omar Muhammad Khalil Ibrahim

A Research Conducted by the Master’s Degree Student, Mmr49561@gmail.com

Prof. Dr. Ghazi Khaled Rahal

College of Islamic Sciences, Sharia Department, University of Baghdad, Specialization: Fundamentals of Fiqh, ghazi.khaled@cois.uobaghdad.edu.iq

Abstract

Praise be to God, Lord of the worlds, and I pray and greet the envoy as a mercy to the worlds, our Prophet Muhammad, his family, companions and followers.

Islam has honored man with great honor and paid great attention to him, and among his interest in him is that it made preserving offspring one of the five necessities, without which life would not be stable. Hence, the wise legislator made the guardian a condition for the validity of a woman’s marriage; Honoring the woman and protecting her, and this is not intended to imprison her, prevent her from her rights, or give an order to the guardian to act in the matter of her marriage as he pleases. Guardianship in Islam means: care and support, and this is why Islam stipulated that the woman’s marriage be through the guardian, and the importance of the guardian lies: in his being looking after his daughter’s affairs and standing beside her in order to support her and raise her status and raise her status, and the guardian is: the closest people to the woman, the closest of them is the father, then The grandfather is the closest to the inheritance and the most deserving of guardianship, but some guardians abuse this right, for he may force his daughter to marry someone she does not love, and this is unjust to her and infringement of her right. As long as it does not lead to disobedience to God Almighty.

The research plan included an abstract and a topic that includes four requirements, a conclusion, in addition to sources and references.