The Limits of Guardians’ Authority in Setting Marriage Conditions: A Study of Al-Qurthubi’s Tafsir Ahkam on QS. Al-Baqarah 2:232

Abstract

The guardian (wali) in Islamic marriage is meant to protect women, yet in practice this authority is often exercised excessively through the imposition of conditions that end up obstructing marriage. Requirements such as economic status, lineage, education, and social standing are frequently used as grounds for refusing or delaying marriage, despite lacking a strong basis in Islamic law. This study analyzes the limits of a guardian’s authority in setting marriage conditions based on Al-Qurthubi’s ahkam exegesis of QS. Al-Baqarah verse 232, and examines its implications for the practice of marriage obstruction through such conditions. The study draws on the theory of authority, the theory of kafa’ah, maslahah theory, and the concept of *‘adhal* in Islamic law. It employs normative legal research using exegetical (tafsir), statutory, and conceptual approaches. Data were gathered through a literature study of the Qur’an, Al-Qurthubi’s Al-Jami’ li Ahkam al-Qur’an, fiqh literature, and relevant legislation, and were analyzed qualitatively using a descriptive-analytical method. The findings show that, according to Al-Qurthubi, a guardian’s authority is not absolute but is bounded by the principles of ma’ruf (propriety), ’adl (justice), and maslahah (benefit). The prohibition of ’adhal in QS. Al-Baqarah verse 232 covers not only outright refusal but also any form of obstruction carried out through disproportionate conditions lacking a sound basis in Islamic law. This study recommends strengthening the understanding of the limits of guardians’ authority and optimizing the role of religious courts in preventing marriage-obstruction practices that contradict the objectives of Islamic law