The Son’s Guardianship Over His Mother In Marriage In The Presence Of Other Relatives: A Maqasidic Study In Light Of Arab Laws Foundations Of Means To Achieve The Interests Of Women In Marriage For Ensuring The Sustainability Of Marital Life In A Holistic

Abstract

This research deals with the issue of the guardianship of a son over his mother in the marriage contract in the presence of other family members, which is a controversial issue among the four madhhabs and has been presented in the Arabic laws.

Research Problem: The controversy over the son's right to assume the marriage contract with his mother in the presence of the father, grandfather, and other ascendants and descendants, and the validity of this contract if it is concluded.

Objectives: This study aimed to clarify the legal ruling of this guardianship in marriage, analyze the opinions of jurists, present legal articles, and indicate the necessary conditions for the validity of the guardianship, and whether it applies to the son towards his mother.

Methodology: This study relied on the inductive approach based on collecting material from its primary sources, then the analytical approach to analyze it in order to reach the required analyses and the comparative approach in order to compare it with the four madhhabs and Arab laws.

Findings: The study came up with the following findings The majority of jurists do not authorize the guardianship of a son over his mother in marriage, because the guardianship is from origins to branches, not vice versa, and because this is a violation of the jurisprudential order adopted in the family, as it may result in embarrassment and social harm, however, the Shari'ah has taken into account the interest of the woman in taking over her marriage contract who is more compassionate and careful for her.

Conclusion: Islam paid attention to the guardianship in marriage and ranked the guardians, and intended to preserve the woman's right to marry on correct bases that preserve her right, as well as preserve the Muslim family through this, and the jurisprudential schools did not neglect to clarify the ranks of the guardians in marriage, and that the Sharia was keen to preserve the woman's right to choose her guardian and did not limit the guardianship to a specific person, which is what Arab laws have adopted.