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Marriage is considered an institution for the family in Islamic legal system. The importance of marriage signifies with the protection of family system as denoted in objectives of Islamic law. Marriage is a contract that depends on the consent of the parties. If both parties are agreed then there is no issue for conclusion of the marriage but if anyone of the parties is not willing particularly a woman and guardian conclude the marriage without her consent. What could be the legal status of that marriage? Muslim jurists have diverse opinion in this regard. Majority of the jurists opine that consent of a guardian is compulsory for marriage contract of a woman but Ḥanafī jurists permit a woman to get married herself without consent of a guardian. In fact, in our Pakistani society, this issue has become a controversial and still not accepted to our social norms and values but it results horrified consequences. Although it has become a well-established law and our superior judiciary playing its role in provision of this right. The issue of marrying herself by a woman without the consent of a guardian has some positive and negative aspects. Therefore, it has become a debatable topic although safeguard has provided to a woman who gets married herself in legal system of Pakistan. The current paper discusses the consent of a guardian in marriage contract. It also denotes the legal provisions on the issue of consent of a guardian in a marriage. The present paper signifies the marriage of a woman conducted by her without the consent of a guardian. Finally, the paper focuses on the evaluation of case law and highlights the role of Pakistani Superior judiciary in providing woman’s right to get married herself without a guardian.
Hafiz Muhammad Siddique. (2021) The Role of Pakistani Judiciary in Protecting Woman’s Right to Marriage without the Approval of a Guardian, Pakistan Journal of Islamic Research, Volume No. 22, 01.
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