OTORITAS LAKI-LAKI DALAM AKAD NIKAH: MENGUJI KONSTRUKSI WALI NASAB DALAM PERSPEKTIF AL-QUR’AN, HADIS, DAN FIKIH MAZHAB

Abstract

Guardianship (wilayah) in marriage contracts is an important issue in Islamic family law, particularly concerning the position of the nasab guardian, whose authority is generally assigned to male relatives. This construction raises questions concerning the normative basis and legal rationale underlying the attribution of guardianship authority to men, particularly since the Qur’an does not explicitly specify the structure and order of nasab guardianship as formulated in Islamic jurisprudential literature. This study aims to analyze the normative basis of male guardianship in marriage contracts and examine the construction and rationale of nasab guardianship from the perspectives of the major schools of Islamic jurisprudence. This research employs a library research method using normative-conceptual and comparative approaches. Primary sources include the Qur’an, hadiths concerning marital guardianship, and classical jurisprudential works of the Hanafi, Maliki, Shafi‘i, and Hanbali schools. The data are analyzed descriptively and analytically by comparing the arguments and constructions of guardianship developed by each school. The study seeks to demonstrate that the construction of nasab guardianship concerns not only the gender of the guardian but also the concepts of wilayah, kinship, protection of women's interests, and the structure of family responsibility in Islamic law. Differences among the schools indicate considerable diversity in understanding the scope and form of a guardian's authority in marriage contracts. Therefore, the issue of male guardianship should be understood through a dialogue between normative texts and juristic constructions, allowing the concept of marital guardianship to be examined more comprehensively within the development of contemporary Islamic family law.