Qiwāmah A Jurisprudential, Maqāṣid-Based, and Legal Study

Abstract

This research addresses a jurisprudential, objectives-based, and legal study as presented in the Holy Qur’an and the Prophetic Sunnah, clarifying its reality,guidelines, and purposes.

The importance of the topic emerges in light of the ongoing debate about women in Muslim societies, as well as the deficiencies found in some secular laws that addressed qiwāmah (male guardianship/authority) in ways that deviate from the objectives of Islamic law. This makes it necessary to return to reliable Islamic sources and clarify their true intent.

Methodology: The study adopts an inductive, analytical, and comparative method by collecting Islamic texts related to qiwāmah, surveying the opinions of jurists from the four schools of law, then analyzing them to extract rulings and legal objectives, and clarifying areas of agreement and disagreement. It also examines enacted laws in some countries.

Key Findi:

The research concludes that qiwāmah is a comprehensive Islamic system based on the man’s obligation to provide financial support, care, and discipline in a manner consistent with Islamic ethics, in return for the woman’s commitment to good companionship and obedience in what is right. It is not a form of domination or a diminishing of a woman’s status; rather, it is a religious responsibility aimed at preserving the family structure. The research ends with proposing legal articles that help regulate qiwāmah in a way that balances established Islamic principles with contemporary realities, preserves the rights granted to women by Islamic law, and defines the responsibilities of men.