Guardianship in Marriage (Wilāyat al-Tazwīj) in Islamic Jurisprudence and Algerian Family Law

Abstract

The right way and the most reliable way to determine the necessity of this guardianship or not is to seek it in the sources of Shari'ah and its origins, and to adhere to its precepts and traditions in order to translate the Islamic conception of the family system and its association with society. The guardian is an essential element of the legitimate truth of marriage, Family construction means unity, cohesion and family cohesion. There is no doubt that the meaning of the consideration of the guardian in the marriage is a constant
meaning in order to achieve the benefits and to prevent the evils of the family and society. Although the Algerian legislator has permitted women to marry themselves by choosing any person to take over their marriage contract, the apparent wisdom of the
guardian's legality in marriage calls for women not to be separated by their husband's contract. The guardianship will serve the interests of those who are misled by their minds, And the judge, when he takes over the interests of his finance as a marriage, takes
care of herself and her, and does not offer to marry only those who achieve the condition of efficiency and adequacy.