Law of wilayat and position of women

The piece of think intends to rethink the legality of the remote of ‘her’ life and liberties being handled by ‘him’. The subject matter of ‘care of children’ is mainly associated with their natural deprivation of self determination and self management. It leads to the concept of ‘guardian’, the representative of the child's rights and interests in a personal relationship with the child. State has acknowledged its responsibilities toward the children by imposing the legal status of minor and by taking notice of their natural right to guardianship. In India, the complexities regarding who's and how's of guardianship is more affected by the religion of child. The paper deals with the concept of custody and guardianship of person of the minor as inherent in the Islamic Jurisprudence and its inevitable effect on their marriage rights in the light of the preset notions of patriarchy in the society. The author is guided by an instinct to carve out the biasness in society towards women and unjustifiable distribution of rights between the men and women for the arenas relating to guardianship. The surpassing feature of the law assures the subjugation of the rights and interests of women for it considers them weak and incapable to perform any serious business, thus allowing the rampant show of the strength of men. The fight of mothers for guardianship rights and the gloom future of daughters under their wali pose a serious question to the ‘rational human’ of modern era in the Parliament and Judiciary.