The Opinions of Sheikh Muhammad Abu Zahrah on Guardianship in Marriage: A Comparative Jurisprudential Study 10.35781/1637-000-123-004

Abstract

The research aims to explore the opinions of Sheikh Muhammad Abu Zahrah on guardianship in marriage through a comparative jurisprudential study. It also seeks to clarify the concept of guardianship in marriage, compulsory guardianship over an adult virgin, optional guardianship during a woman’s marriage contract, the ruling on requiring a guardian in marriage, and a woman’s right to self-marriage. The research consists of an introduction, two chapters, and a conclusion. To achieve the goal of the study, the researcher adopted an inductive-analytical approach to collect and analyze the opinions and evidence of Sharia scholars, critically discussing them while weighing the evidence. The research concluded with several findings, the most notable of which are: Sheikh Muhammad Abu Zahrah holds jurisprudential opinions on guardianship in marriage, which are generally aligned with the views of Sharia scholars. However, he leans towards the Hanafi school of thought in his views while adhering to evidence where available, without fanaticism. It was found that guardianship in marriage, according to the majority of Sharia scholars, is obligatory, likewise the requirement of a guardian in marriage. And the absence of a guardian in the marriage contract invalidates the contract. It is not permissible for a woman to marry herself without the presence of a guardian.