Urgensi Wali Nikah Dalam Perspektif Maqasid Syariah: Analisis Ayat Al-Qur’an Dan Hadis

Abstract

Marriage in Islam is a sacred institution aimed at forming a family filled with tranquility, love, and mercy (sakinah, mawaddah, wa rahmah). Within the structure of Islamic law, the presence of a marriage guardian (wali) holds a fundamental position in ensuring the validity of the marriage contract. The guardian serves not only as an intermediary but also as a protector of the woman's honor and welfare. This study employs a normative-theological approach by examining Quranic verses and Hadiths that explain the urgency of a guardian in marriage. The analysis indicates that the majority of scholars agree that the guardian is one of the pillars (rukun) of marriage that determines the validity of the contract. Furthermore, Indonesian positive law, through the Compilation of Islamic Law (KHI) and Law Number 1 of 1974, asserts that a marriage without a valid guardian cannot be recognized. From the perspective of Maqasid Syariah, the existence of a guardian falls under the category of al-dharuriyyat (necessities) as a means of preserving progeny (hifz an-nasl). Thus, the guardian possesses profound syar'i and social dimensions in maintaining the noble objectives of marriage in Islam.