ENGLISH-THE ISSUE OF QAWAMAH IN TRADITIONAL AND MODERN LEGAL DISCOURSE

Abstract

The present study discusses the concept of Qawamah (leadership in the family), in modern society and its legal discourse.  The term ‘Qawamah’ which means males are protectors of females and they are also responsible to provide a peaceful environment in society. Family Law has been subject to a far greater degree of codification. This topic has been under discussion in different times and this research scans gender (husband and wife) roles and codification of family laws in Pakistan as a trail for protecting the rights of women as well as men. The conception of guardianship has provided the basis of gender (husband and wife) roles in Muslim societies. Women are often expected to be submissive and loyal wives and mothers, living within the family, and men are normally taken as to be defenders and custodians of the family. The fairness of this system lies in the fact that Allah favored the man with the necessary abilities and services for the 'guardianship' and also handed over him with the responsibility to provide for the arrangement's upkeep. This research validates the constitutional, Quar’anic, and global reference points. Following some diverse sources, and while legal codification in much of the Islamic world has introduced fundamentally male-controlled legal norms. This whole discussion provides a wider context of an organized and codified legal system in the Muslim world.

Published
2022-06-23