Transformation of Marriage-Guardian Authority in Contemporary Muslim Society: The Limits of Family Intervention in Spouse Selection

Abstract

This study analyzes the transformation of marriage-guardian (wali) authority in contemporary Muslim society and formulates the appropriate limits of family intervention in spouse selection from the perspective of Islamic law. It asks how guardian authority has shifted from coercive power toward consent and accompaniment, and how the boundary between protective and restrictive intervention can be formulated operationally. The study employs qualitative library research using normative-juridical and socio-historical approaches. Primary materials include the Compilation of Islamic Law and marriage legislation, while secondary materials consist of journal articles and previous studies, all examined descriptively, analytically, and interpretively. The findings show that the transformation of guardian authority proceeds asynchronously because Islamic thought, positive law, and social reality change at different speeds. Legitimate intervention should be determined by the existence of dharar (harm) affecting the substance of marriage under the framework of maqasid al-shari'ah, rather than by family social status or subjective preference. The guardian's role can therefore be reconstructed as that of a protective partner through the principle of mubadalah (reciprocity). This framework offers practical guidance for religious courts and Offices of Religious Affairs in balancing the protective function of guardianship with respect for women's autonomy.