عائلی معاملات میں فرد اور ریاست کے اختیارات کا توازن:ایک فقہی تجزیہ

THE BALANCE OF AUTHORITY BETWEEN THE INDIVIDUAL AND THE STATE IN FAMILY AFFAIRS: A JURISPRUDENTIAL ANALYSIS

Abstract

The family constitutes the fundamental unit of Islamic society, while the state serves as the guarantor of justice, welfare and legal order. Islamic law does not grant absolute authority to either the individual or the state in family affairs; rather, it establishes a balanced framework in which personal rights are protected alongside collective interests. Marriage, as the foundation of the family, is a consensual contract that requires the free will of both parties, and coercion in its formation is prohibited. Likewise, the right of divorce is primarily vested in the husband to preserve marital stability, yet this right is not unrestricted and may be subject to judicial intervention in cases of injustice, harm, or persistent dispute. This study examines the extent of state authority in family matters, particularly in issues of divorce and khula, through a juristic and analytical approach. It explores the role of the Qazi and the institution of Hakamayn in resolving marital conflicts, highlighting the areas of agreement and disagreement among classical jurists. Special attention is given to the debate concerning whether the Hakamayn function merely as representatives of the spouses or exercise judicial authority on behalf of the state, with binding power even in the absence of the husband’s consent. Through a critical analysis of Quranic texts, Prophetic traditions and juristic opinions, the study argues that the issue remains one of ijtihad. However, the position recognizing the judicial authority of the Hakamayn and the Qazi in cases of manifest injustice appears stronger in light of the objectives of Shariah, particularly the removal of harm and the establishment of justice. The study concludes that a balanced interaction between individual autonomy and state intervention is essential for safeguarding the integrity of the family institution within an Islamic legal framework.