The Power of Wali on Muslim Bride: Issues and Application of Islamic Law in the Malaysian Practice

Abstract

Guardianship is one of the principles to conduct a marriage and the selection of wali must be due to terms required by the fuqaha. This research has discussed the right of wali over Muslim women: the issue of wali, as well as, the application of Islamic law in Malaysia. The writer has used three approaches in this research, they are the documentation method, the library method, and by surfing the internet. The research also studies the power of wali according to the views of the four schools (Syafi'i school, Maliki school, Hanafi school, and Hanbali school) basing on the principles of Islam, as well as, reviewing the cases and enactments such as that is provided by the Islamic Family Law Act for every state. The findings from this research can elevate the knowledge of the society on the extent of the power of wali as a guardian to a marriage.