Refereed Study

Matrimonial Guardianship
(Qawaamah): Reasons, Rules and
Requirements

Dr. Muhammad Sa'd Muhammad Al-Mugrin1

1
Assistant Professor, Islamic Culture Department, Faculty of Education, King Saud University,
Riyadh
 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

Introduction

All praise is due to the Lord of all the worlds and peace and
blessings be upon the Master of Prophets, Muhammad, his family and
companions.
In the Holy Qur'an, Allah the Almighty tells us that He has perfected
the religion for us, that He has completed his favour upon us and that
He has chosen Islam as a religion for us: "This day, I have perfected your
religion for you, completed My favour upon you and chosen for you
Islam as your religion."2 This aspect of the perfection of religion is what
makes Islam valid and applicable at all times and places until Allah
inherits the earth and everything on it, a fact that every Muslim believes
in with unequivocal certainty.
Building on the above fact, true Muslims are required to firmly
believe that matrimonial guardianship (qawaamah) as explicitly provided
for in the Islamic Shari'ah (Law) is the right of the husband. This right
has been expressed in clear terms by the verse: "Men are the guardians
(qawwaamoona) over women…"3 Moreover, this function of guardianship
by men over women is a true reflection of the perfection of Allah's
favour upon both men and women because the concept of qawaamah
befits both men and women, based on the physiological and
psychological characteristics with which Allah has endowed each one of
them.
However, the changes that have taken place over time, the mixing of
cultures and the unabated attempts by the enemies of Islam to distort its
bright image in different direct and indirect ways have made some non-
Muslim and even seemingly Muslim elements suggest that the concept
of qawaamah negates the rights of women and constitutes a blatant
infringement on their dignity as full members of society. These elements
have alleged that their main objective is to realize protection and respect
for women, while the fact is that they are the ones who subjugate
women and jeopardize their rights as respected and honoured members
of the Muslim family. It is they who diminish women's position in

2 al-Ma'idah, 3.
3 an-Nisa', 34.

8 Al-Adl (32)
 Dr. Muhammad Sa'd Muhammad Al-Mugrin

society. Their main objective is to make Muslim women harbour ill

feelings and false convictions that the Islamic Shari'ah has not been fair
to them. It should be noted that their dubious plots are partly behind
their deliberate attempts to misrepresent the meaning of matrimonial
guardianship and its related legal functions and partly on their fervent
desire to destroy the Muslim family. Therefore, I felt it necessary to
tackle this legal function prescribed by Allah in a way that elaborates on
its real legal role and refutes the barrage of charges unleashed against
Islam and its sublime teachings which finally aim at casting doubt on
the meaning and implications of the function of matrimonial
guardianship established by the Islamic Law.
In the present paper, I have drawn on the contributions of others
with regard to matrimonial guardianship in a way which, I hope, will
result in the proper understanding of this highly demanding function
enjoined on husbands.

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

Part One
Definition of Qawaamah

Linguistically speaking, the Arabic noun qawaamah is derived from

the root verb Qawama, meaning, "to maintain and take care of" and the
root verb qawwama, meaning "to correct or set aright". Hence, the active
participle qayyim and the more emphatic form qawwaam refers to "the
person who undertakes to protect and maintain a property or the master
and the head of a group of people who administers their affairs, looks
after their interests, caters for their needs and corrects their wrong acts."
It follows that both the qayyim and the qawwaam of a woman is "her
husband who does his best to administer her affairs and take care of her
interests and needs."4
Al-Baghawi suggests that the words Qawwaam and qayyim have the
same meaning, yet the word qawwaam is more emphatic, and that both
of them mean "the person who undertakes the responsibility for
maintaining the interests of others, administering their affairs and
disciplining them."5
Legally speaking, the term qawaamah has been defined by different
Muslim jurists to mean the following:
1. The guardianship over a minor: a power given by the judge to the
right person to take care of the financial affairs of a minor.
2. The guardianship over endowments: an authority whereby the
guardian has the power to take care of the endowed property
and to maintain it in a good condition in accordance with the
stipulations contained in the endowment guardianship
document.
3. The guardianship over the wife: a power vested in the husband to
manage the affairs of his wife and to look after her interests. 6

4 Ibn Manzour, Jamaludeen Muhammad, Lisan al-Arab, Dar Al-Fikr, 12/502-503 and
ar-Razi, Muhammad bin Abi Bakr, Mukhtar al-Sihah, Library of Lebanon, 233.
5 Tafseer al-Baghawi, 1/422.
6 al-Fatawas al-Hindiyyah, 6/214 and 2/409; al-Qurtubi, Muhammad bin Ahmad,
al-Jame' li Ahkam al-Qur'an, Darul Kutub al-Ilmiyyah, 5/169 and al-Kasaani,
Alaudeen, Badai' as-Sanai' fi Tarteeb ash-Sharaye', Arab Heritage Corporation,
4/16.

10 Al-Adl (32)
 Dr. Muhammad Sa'd Muhammad Al-Mugrin

The third meaning is the issue that our present study focuses on.
Therefore, it can be said that matrimonial guardianship is a power or
an authority through which the husband takes necessary actions that
serve to maintain the interests of his wife and provide her with
protection and security.
It should be noted that the function of guardianship is twofold: it is a
responsibility that the husband is required to shoulder towards his wife
and a means through which the wife will be provided with a dignified
style of life without having to struggle for her living. Allah (the Wise
Legislator) has enjoined on the husband to take care of his wife with
whom he has concluded a legal bond described by Allah as a "solemn
convention".7 Thus, the function of guardianship given to men is in the
best interest of women since husbands are enjoined to take care of their
wives, to provide for their living, accommodation and clothing and to
live with them on a footing of kindness and equity so that the family
that they have formed would lead a happy and stable life.
Hopefully, this paper will correct the misconceptions which many
women have about the function of guardianship. Unfortunately, many
Muslim women have been deceived by the enemies of Islam and
deviating women who attempt to paint a negative image of Islam and
Muslims that guardianship is but an act of absolute power and
oppression.

7 an-Nisa'; 21.

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

Part Two
The Fundaments of Matrimonial Guardianship

To properly understand the function of matrimonial guardianship

given to the husband over his wife, we need to refer to the textual
provisions contained in the Qur'an and the Prophet's Sunnah, both of
which form the main sources of the Islamic Shari'ah.
I. The Qur'an:
Allah says in the Qur'an, ―Men are the guardians over women
by [right of] what Allah has given one over the other and what
they spend to support them from their wealth.‖8
The above verse is the main fundamental on which the concept
of matrimonial guardianship is based, according to the majority
of Qur'an commentators and jurists who are definitely the most
knowledgeable people of the meanings of divine revelation.
Commenting on the above verse, Ibn Katheer9 states, "It means
that the husband is the master, governor and discipliner of his
wife."
Ibn Jareer10 notes, "By the words 'Men are the guardians over
women…,' Allah clearly states that husbands have the right to
discipline their wives and to ensure that they are fulfilling their
duties towards Allah and their husbands in the proper
manner." He adds that the words: '[by right of] what Allah has
given one over the other' mean that husbands are preferred to
their wives because of the favours they are given over their
wives through spending on them from their means. Therefore,
husbands have been given the right of authority over their
wives, a function that is not absolute but should meet specific
conditions and restrictions."

8 an-Nisa'; 34
9 Ibn Katheer, Isma'eel bin Muhammad: Tafseer al-Qur'an al-Adheem, Dar Al-
Ma'rifa, Beirut, 1/503.
10 at-Tabari, Muhammad bin Jareer, Jami' al-Bayan an Ta'weel al-Qur'an edited by

Dr. Abdullah at-Turki, Dar Hajar, 6/687.

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 Dr. Muhammad Sa'd Muhammad Al-Mugrin

Al-Jassass11 comments on the same verse thus: "Husbands

discipline their wives, manage their affairs and protect them for
the favours Allah has given to men over women in terms of
intellect, wise judgment and the responsibility of financial
support men are required to shoulder. He further elaborates on
the verse that husbands are given preference over their wives in
rank and hence they are the ones who have the authority to
manage their affairs and discipline them. He also notes that by
virtue of this authority, the husband has the right to prevent his
wife from leaving the house of the family without his
permission and that she should obey his reasonable orders
unless they lead to a sin. He goes on to say that the verse means
that husbands are responsible for financially supporting their
wives."
Ibn al-Arabi12 interprets the words of the above verse thus: "The
word qawwaamoon is derived from the verb Qaama which means
that the husband is the governor of his wife, the manager of her
affairs and the one who looks after her interests. He quotes Ibn
Abbaas (may Allah be pleased with him) as saying: 'She should
obey him, and he should pay the dower, provide her with
financial support, deal with her in a nice way, protect her, order
her to obey her Lord and exhort her to perform her religious
duties including fasting and praying.' He concludes that she
should also preserve his money kept in her custody, be kind to
his family members and accept his reasonable orders."
Az-Zamakhshari13 says that the verse indicates that the
husband rightfully deserves to be the guardian of his wife by
virtue of the favours given to him by Allah. He adds that this
function represents neither an act of absolute power nor an act
of oppression."

11 Al-Jassass, Ahmad bin Ali: Ahkam al-Qur'an, Darul Kutub al-'Ilmiyyah, Beirut,
2/236.
12 Ibn al-Arabi, Muhammad bin Abdullah: Ahkam al-Qur'an, Darul Kutub al-

'Ilmiyyah, Beirut, 1/530.

13 az-Zamakhshari: al-Khashaaf,1/523.

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

Ali bin Talha narrated that Ibn Abbaas said that the words
'Men are the guardians of women…' mean that men are the
masters of women and that wives should obey the orders of
their husbands in fulfilment of Allah's enjoinments, such
obedience is embodied by being kind to the members of the
husband's family and by safeguarding his property in the wife's
custody. Muqatil, As-Suddee and al-Dhahhak concur with the
above view.14
Sheikh Ibn Sa'di15 comments on the same verse thus: "Allah tells
us that 'Men are the guardians of women', i.e. their governors
who should order them to fulfil their duties towards Allah and
to comply with His commands, and prevent them from
committing any sins; a function which husbands should
undertake in the proper way. He adds that the verse also means
that husbands are responsible for their wives' financial support
and accommodation."
II. The Sunnah:
In many hadeeths the Prophet (peace and blessings be upon
him) orders wives to obey their husbands as long as these
orders follow the rules of the Islamic Shari'ah and are within the
capacity of wives. In return, "Women shall have rights similar
to the rights against them."16 Here are some of these hadeeths:
1. The Prophet (peace and blessings be upon him) said, "It is
not lawful for a wife to fast while her husband is present
[not travelling] unless he permits her to do so, and it is
not permissible for her to allow anyone to enter his house
unless he gives consent for her to do so."17
Ibn Hajar states that the word 'present' in the above
hadeeth does not in any way mean that the wife can permit
anybody to enter her husband's house if he is absent on a

14 Ibn Katheer: Op. Cit., 1/503 and at-Tabari: Op. Cit. 6/687.
15 Ibn Sa'di, Abdur Rahman: Tayseer al-Kareem al-Rahman fi Tafseer Kalaam al-
Mannaan, ar-Resalaalah Corporation, p. 142.
16 al-Baqarah, 228.
17al-Bukhari, Book of Marriage, Part: "Wives should not Allow Anybody to Enter

the House of their Husbands Except with his Permission", and Muslim, Book
of Zakat, Part: "What a Slave can Spend from the Wealth of his Lord".

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 Dr. Muhammad Sa'd Muhammad Al-Mugrin

journey. He adds that it is mandatory on her even more

not to allow anybody to enter the house in his absence, as
the other hadeeths tackling the notion of forbidding entry
to the houses of women whose husbands are absent
emphasize.18
Al-Shawkani states, "The hadeeth forbids women to allow
anybody to enter their houses if they know that their
husbands do not accept such an act. However, if they
know that their husbands accept such an act, there is no
objection for them to allow others to enter their houses."19
2. Abu Huraira (may Allah be pleased with him) reported
that the Prophet (peace and blessings be upon him) said,
"If the husband invites his wife to his bed but she refuses
[his invitation] and he spends the night angry, the angels
will continue to curse her till the morning."20
3. The Prophet (peace and blessings be upon him) also said,
"If the wife prays five times a day, fasts the month [of
Ramadhaan], preserves her chastity and obeys her
husband, she will be told to enter Paradise from any gate
she wishes."21

18 al-Askalani, Ibn Hajar: Fath al-Bari, Sharh Saheeh al-Bukhari, Dar ar-Rayyan,
9/207.
19 al-Shawkani, Muhammad bin Ali: Nayl al-Awtar, Dar an-Nafa'is, 6/238.
20 al-Bukhari: Book of the First Creation, Part: "Angles", and Muslim: Book of

Marriage, Part: "A wife is Prohibited to Refuse to Share her Husband's Bed".
21 Ahmad's Musand, hadeeth #1473; at-Tabaraani in al-Awsat as noted in Majma'

al-Bahrain 4/192; al-Haythami in Majma' al-Zawa'ed, 4/306 and Ibn Hibban,

4163, authenticated by al-Albani in Sahih Al-Jame', hadeeth # 674.

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

Part Three
Women's Position in Islam

Before the advent of Islam, Arabs treated women as commodities

of no value in the fullest meaning of the word. Women were
disgracefully treated to the extent that they could be sold, inherited,
given away and humiliated. They were only needed for pleasure like
anything enjoyed by men. Therefore, it was not strange to read in the
books of history that some men were burying their daughters alive for
fear of shame. These were the conditions of a society that was reduced
to the abyss of killing weak, helpless children in the most ruthless
manner.
Islam brought with it dignity for women; they have become the
beloved mothers, wives and daughters. A man asked the Prophet
(peace and blessings be upon him) about whom he should treat best.
The Prophet replied, "Your mother!" The man asked again, "Who is
next?" the Prophet replied again, "Your mother!" The man asked again,
"Who is next?" The Prophet replied again, "Your mother!" The man
asked again, "Who is next?" The Prophet replied, "Your father!"22
I can cite hundreds of examples regarding Islam's kind treatment of
women. However, it suffices to cite the following few examples:
1. Islam has given women the right to have their independent
financial entity, the right to inherit and the right to dispose of
their property the way they deem proper.
2. Islam has also given women the right to decide on accepting a
suitor in order for the marriage to be valid. Her father or guardian
is forbidden from exercising any compulsion on her as to marry a
person she does not like. Therefore, it is her decision either to
accept the suitor or to refuse him; a decision that her guardian
cannot in any way deny her the right to take.

22 al-Bukhari, Book of Ethics, Part: "Who Deserves the Best Treatment" and
Muslim, Book of Benevolence, Kindness and Ethics, Part: "Kind Treatment of
Parents".

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 Dr. Muhammad Sa'd Muhammad Al-Mugrin

A young woman complained to A'ishah, the Prophet's wife, (may

Allah be pleased with her), saying: ―My father married me off to
his brother’s son in order to raise his social status, but I hate him.‖
When the Prophet (peace and blessings be upon him) heard her
complaint, he gave her the option of having the marriage annulled.
She said, ―O Messenger of Allah! I have accepted what my father
has done. However, I wanted to know that women have a choice in
the matter.‖23
3. Islam dignified woman by prescribing laws that serve to protect
her, preserve her chastity and raise her position in society.
Therefore, women are enjoined to put on the veil and to refrain
from displaying her charms or mixing with men.
4. Islam has provided for women all means of comfort and security;
it has enjoined on men to financially support their wives, to
provide them with proper clothing and accommodation and to
treat them with love and kindness.
The Prophet (peace and blessings be upon him) said, "Fear Allah
regarding women for they are your helpers, and for you have
taken them as a trust from Allah and you have made their bodies
lawful with the word of Allah, and hence, you are enjoined to
support and clothe them on equitable terms."24
Moreover, the Prophet (peace and blessings be upon him)
considered spending for the needs of women as the best form of
charity: "A dinar you have spent in the cause of Allah, a dinar you
have spent to free a slave, a dinar you have given to a poor man, a
dinar you have spent on your family, the best in reward is the one
you have spent on your family." 25
5. Islam exhorts husbands to express love for their wives, to act
patiently with any misconduct that they may show and to always
remember that they are their partners. The Prophet (peace and
blessings be upon him) said, "A believing man (husband) should
not hold rancour towards a believing woman (wife), for he may

23 an-Nasaa'i, Book of Marriage and Ahmad's Musand, hadeeth # 23892.

24 Muslim, Book of Hajj, Part: "The Prophet's Pilgrimage".
25 Ibid, Book of Zakat, Part: "Virtue of Spending on the Family and Slaves".

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

resent one of her manners she has but may be satisfied with
another."26
These are only few examples of the high position Islam has given to
women which has considerably improved their social status.

26 Muslim, Book of Nursing a Child, Part: "Kind Treatment of Women".

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Part Four
Reasons of Matrimonial Guardianship

Allah says, ―Men are the guardians of women [by right of] what
Allah has given one over the other and because of what they spend to
support them from their wealth.‖27
The above verse gives two reasons for giving men the right of
qawaamah (guardianship) over women. These are:
1. Allah says, “…[by right of] what Allah has given one over the
other…”
The above part of the verse is a clear statement that men are
given preference over women for certain physical and legal
characteristics and qualities.
With regard to the question of the physical makeup of men, it is
well-known that men excel women with respect to their intellect,
their different manners of thinking, and their natural strengths.
Scientists have found out that men, , are by nature more hot-
blooded, tending more towards strength and severity, while
women’s nature is cooler, tending more towards gentleness and
weakness. This is the case in the real world which the Qur'an
emphasizes.
Regarding the legal preference of men over women, Allah has
made the testimony of two women equal to the testimony of one
man: "And bring to witness two witnesses from among your men.
And if there are not two men available, then a man and two
women from those whom you accept as witnesses – so that if one
of them errs, the other can remind her.‖ 28
Ibn Katheer29 comments on the above verse as follows: "Two
women have been made equal to one man because of the natural
lower grade of women's intellect as reported by Muslim in his

27 an-Nisa'; 34.
28 al-Baqarah; 282
29 Ibn Katheer, Op. Cit., 1/343.

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

authentic book through Abu Huraira that the Prophet (peace and
blessings be upon him) said, 'O women, give in charity and seek
forgiveness a great deal, for I have seen that you form the majority
of the people of Hell." A wise woman among them said, "Why is it,
O Messenger of Allah, that we are the majority of the people of
Hell?" He said, "Because you curse too much, and you are
ungrateful to your spouses. I have seen none lacking in intellect
and failing in religion but (at the same time) robbing the wisdom
of the wise, besides you." The woman asked, "O Messenger of
Allah, what is wrong with our intellect and our religion?" He said:
"Your lack of intellect (can be well judged from the fact) that the
evidence of two women is equal to that of one man, that is a proof
of the lack of intellect, and you spend some nights (and days) in
which you do not offer prayer and in the month of Ramadan
(during the days) you do not observe fast, that is a failing in
religion.'"30
This point might be the strongest issue that the enemies of Islam,
who boast of being the supporters of women's rights, use to
attack Islam. They argue that the statement that women are
lacking in intellect is something that hurts their dignity and
pride. By having a close look at their allegations and plots, one
will easily find out that they are themselves lacking in knowledge
besides their enmity and flagrant hatred of Islam and its
followers. To be fair, the Prophet's hadeeth quoted above has
never described women as lunatic or fool. All the Prophet did
was that he stated that the natural makeup of women makes
them lacking in intellect and religion compared to men. Allah has
given men a power of intellect and judgment that He has not
given to women and charged them with religious duties from
which He has exempted women, but He has given women the
same reward for their good deeds as He has given men. That is
all because women's natural disposition requires amelioration of
some religious duties enjoined on both men and women alike.

30Muslim, Book of Faith, Part: "Decrease of Good Deeds Leads to Decrease of

Faith".

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In the same hadeeth, the Prophet explains that these weak women
are capable of setting their snares for men, a point of strength that
men do not have. Allah has described how strong their snare is:
"Truly, mighty is your snare!"31
As for the religious duties which men are ordered to fulfil and
which are the main reasons for preferring men over women, it
can be said that men are singled out for certain distinctions –
prophethood, supreme political office, jihad and military service,
among other things – and this is because men have a nature
different from that of women. This is a conclusion that all
sensible people would agree upon.
2. Allah says, "… because of what they spend to support them
from their wealth"
Allah has ordained that the financial support husbands provide
for their wives is a reason for preferring men over women. The
husband has been given the right to be the guardian over his wife
because he is the one who spends on her, manages her affairs and
looks after her interests. By contrast, wives are not obliged to
spend on their husbands. Had they been required to do so, they
would have been given the right of guardianship over their
husbands; a concept that is contrary to the duties with which
Allah has charged men. Men are the ones enjoined to pay the
dower, to spend from their wealth and to provide
accommodation for their wives. Any exception to this rule is but
a deviation from the original and fundamental tenets of Islam.
Although 'spending' is the reason behind qawaamah, there are
other reasons that should also be taken into consideration. It may
be proper here to cite the statements of our predecessors on why
men are given the right of guardianship over women.
Abu Bakr Ibn al-Arabi 32 comments on the part of the verse: "…
[by right of] what Allah has given one over the other" that the
things for which men are given preference over women include
three elements: (1) perfect intellect and judgment, (2) perfect

31 Yusuf; :28.
32 Ibn al-Arabi, Op. Cit., 1/531.

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

religion and fulfilment of jihad and enjoining good and

forbidding inequity and (3) spending from their wealth.
With regard to the second element, the Prophet said, addressing
women, "I have never seen anyone more lacking in intellect and
religion than you are, but you are capable of charming wise and
determined men." They asked, "Why is that, O Messenger of
Allah?" He said, "Does any one of you not remain several days
without offering prayer or fasting—that is her lack of religion,
and the testimony of any one of you is half that of man – that is
her lack of intellect.'"33 Allah has mentioned the purpose for this
in the Holy Qur'an thus: "…so that if one of them errs, the other
can remind her."34
3. Payment of Dower and Financial Support
Ibn Katheer35 comments on the part of the verse: "…[by right of]
what Allah has given one over the other…" that the man is in
charge of the woman, i.e., he is the leader and head of the
household, the one who disciplines her if she goes astray. As for
the part of the verse ―…'[by right of] what Allah has given one
over the other‖ i.e., because men are superior to women and are
better than women. Hence Prophethood was given only to men, as
was the position of khaleefah (ruler), because the Prophet said, ―No
people shall ever prosper who appoint a woman as their ruler.‖ 36
As for the part of the verse '… and because of what they spent
from their wealth,' it refers to the dower and the spending on
women's maintenance that Allah has enjoined upon men in His
Book and in the Sunnah of His Prophet (peace and blessings of
Allah be upon him). So a man is inherently better than a woman,
and he is superior to her because he spends on her. It is
appropriate, therefore, that he should be in charge of her, as Allah
says, 'but men have a degree over them."37

33 Op. Cit.
34 Ibn Katheer, Op. Cit., 1/503.
35 Ibid, 1/503.
36 al-Bukhari, Book of Battles, Part: "The Prophet's Letter to Khosrau" and

Muslim, Book of Jihad and Biographies, Part: "Uhud Battle".

37 al-Baqarah; 228.

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 Dr. Muhammad Sa'd Muhammad Al-Mugrin

Al-Shawkani38 comments on the part of the verse, "… bi-ma

faddhalla Laho ba'dhahum ala ba'dh ([by right of] what Allah has
given one over the other)" that the preposition bi stands for the
reason of preference and that the pronoun hum stands for both
men and women; namely, that men have been entitled to this
preference because Allah has given them the favour to be caliphs,
sultans, rulers, leaders and fighters, not to mention the other
qualities solely given to men. He also comments on the words,
"… wa bi-ma anfaku min amwalihim" (and because of what they
spent to support them from their wealth)" that it means the
financial support of women, the dower and the other expenses
men pay from their wealth.
Ibn Abbaas39 (may Allah be pleased with him) said that "Men are
the guardians of women…" means that men are the leaders of
women and that women are enjoined to obey them as ordained
by Allah, an act of obedience embodied by being kind to their
family members and by safeguarding their property placed
under their custody. He also states that the words "… [by right
of] what Allah has given one over the other" mean the financial
support men provide for women.
Sheikh Muhammad Rasheed Ridha40 states, "The reason for the
guardianship men are given over women is that Allah has
preferred men over women in terms of physical makeup and that
He has given them a power and might that He has not given to
women. Therefore, the duties enjoined on men are different from
those enjoined on women. Another reason – an acquired one – is
that men spend from their wealth on women. The dower
represents an honorarium paid to women for accepting the bond
of marriage under the leadership of men. Hence, the Islamic Law
has dignified women by imposing on men to pay women a
compensation for something required by nature and the family

38 Al-Shawkani, Muhammad bin Ali, Fath al-Qadeer, 1/414.

39 al-Suyuti, Jalaaludin, al-Durar al-Manthour fit-Tafseer bil Ma'thour, edited by
Dr. Abdullah al-Turki, Dar Hajar, 4/384.
40 Redha, Muhammad Rasheed, Tafseer al-Manar, 5/67.

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

system – to be her guardian. This function given to men has

become a public norm for the best interest of both parties. The
woman would willingly assign complete equality with the man
and agree for him to be of a higher position (her guardian) for the
dower and financial support he gives her."
Sheikh Abdur Rahman bin Sa'di41 argues, "Men are preferred
over women in different aspects including prophethood,
supreme political office, jihad, and military service. Moreover,
men have higher degrees of intellect, patience and might, among
other things which women do not have. Finally, men are the ones
who are responsible for supporting women."
To sum up, the function of guardianship men are entrusted with
over women is attributed to the fact that men have stronger
physical and psychological makeup than women, and that men
have higher intellectual capabilities and are wiser in the
management of affairs than women. One more point that gives
men the right to be the guardians of women is the responsibility
they shoulder in spending on women and for the protection and
care they provide for them.

41 Ibn Sa'di, Op. Cit., p. 142.

24 Al-Adl (32)
 Dr. Muhammad Sa'd Muhammad Al-Mugrin

Part Five
Rules of Matrimonial Guardianship

Although the Wise Legislator (Allah) has charged men with the
responsibility of matrimonial guardianship, He has not made this right
an absolute power that men can abuse for the oppression of women or
for behaving with them the way they like. Rather, Allah has laid down
restrictions and conditions on this right in a manner that makes men
understand that such guardianship is a burden more than it is an
authority and honour, and to make women understand that they can
complain against any absolute control exercised on them by their
husbands or disgrace they subject them to.
Unfortunately, some men, fortunately not so many, ignore the legal
conditions of this leadership function; they have, therefore, abused
their right to lead their households and have granted themselves rights
which they do not deserve, and hence, they have abused women's
rights. These are men that have instigated women to resent the concept
of qawaamah to the extent that many women have revolted against the
teachings of Islam.
It should be said that Allah has established firm rules for the
practice of matrimonial guardianship and has clearly stated the rights
of women which men should respect as well as the rights of men
which women are required to fulfil. For this reason, the Islamic Shari'ah
deserves to be described as fair: "We have made of you nation justly
balanced."42
For more elaboration, the rules of matrimonial guardianship can be
explained as follows:
1. Husbands should fulfil their legal duties:
These legal duties include the following:
a. Payment of the Dower:
The dower is the amount of money payable by the husband to
his wife in order for him to be able to ask for his right of

42 al-Baqarah; 143.

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 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

sexual intercourse.43 Allah says, "Give women (on marriage)

their dower as an obligation."
Ibn Abdul-Barr indicated that the obligation on men to pay
the dower to women is unanimously agreed upon by Muslim
scholars. He said, "Muslim scholars have unanimously agreed
that a husband may not have sexual intercourse with his wife
unless and until he pays her dower either in cash or in
credit."44
The dower, which is the right given by the Wise Legislator to
the wife, is an expression of the confirmation of the marriage
bond, which is a very important one, an emphasis on the
position and honour of women, a clear evidence of the true
willingness of the husband to marry this woman by giving
her some of his money which is very dear to him and is not
paid except for something dear and a means to sustain the
marriage bond between the two parties.
Al-Kasani45 states, "The function of marriage is not legally
established for its own right, rather for purposes that cannot
be achieved except by sustaining the bond of marriage, which
sustainability cannot be realized unless a dower is paid. The
couple may undergo situations of friction that may lead the
husband, had the dower not been made obligatory, to divorce
his wife for any reason whatsoever. It becomes easy for him
to do so because he will not be obliged to pay the dower.
Hence, the purposes of marriage would not be realized. Since
the interests behind marriage cannot be realized except
through agreement, since such agreement cannot be realized
unless the wife holds a high position in the life of her
husband, which high position and dignity cannot be achieved

43 Hashiyat Ibn Abideen, Dar Al-Kutub Al-Ilmiyah, 4/230, al-Baghdadi, Abdul

Wahhab, al-Maouna ala Madhhab Alim al-Madinah, Nizar Al-Baz Library, 2/750
and an-Nawawi, Yahya bin Sharaf, Rawdat at-Talibeen, Dar Al-Kutub Al-
Ilmiyah, 9/274.
44 Al-Maghrawi, Muhammad, Fath al-Bar fi at-Tarteeb al-Fiqhi li Tamheed Ibn

Abdul Bar, Dar al-Tuhaf wan-Nafa'is al-Dawliyah, 10/168.

45 Al-Kasani, Op. Cit., 2/560.

26 Al-Adl (32)
 Dr. Muhammad Sa'd Muhammad Al-Mugrin

unless the husband pays for it from his wealth, which is very
dear to him, the bond of marriage will be easily dissolved."
b. Financial Support:
As soon as the marriage bond is concluded and the marriage
has been consummated, the husband is obliged to spend on
her and provide her with the necessary accommodation and
clothing: "But he shall bear the cost of their food and clothing
on equitable terms."46 The Prophet (peace and blessings be
upon him said, "Fear Allah regarding women for they are
your helpers, and for you have taken them as a trust from
Allah and you have made their bodies lawful with the word
of Allah, and hence, you are enjoined to support and clothe
them on equitable terms."47
Scholars are unanimously agreed that it is mandatory on the
husband to support his wife financially.
Ibn Qudama48 states, "Scholars have unanimously agreed that
husbands are enjoined to spend on their wives – except
rebellious women - if they are of legal age because women
dedicate all their time for their husbands and, hence, they
cannot earn their living. Therefore, husbands should spend
on them."
There is no doubt that the husband's maintenance of his wife
is a major reason for the stability of the family and continuity
of the marriage bond. It is also an indication of the high
position given to women.
However, it is worth noting that the financial support
provided for wives and children should be equitable and
sufficient: "Let the man of means spend according to his
means: and the man whose resources are restricted, let him
spend according to what Allah has given him. Allah puts no

46 al-Baqarah; 233.
47 Muslim, Book of Hajj, Part: "The Prophet's Pilgrimage".
48 Ibn Qudama, al-Mughni, Dar Hajar, 11/348.

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burden on any person beyond what He has given him. After a

difficulty, Allah will soon grant relief."49
Hind came to the Prophet (peace and blessings be upon him)
and said, "O Messenger of Allah! Abu Sufyan is a niggardly
person. Is there any harm for me if I spend upon his children
out of his wealth without his permission?" Thereupon the
Prophet said, "There is no harm for you if you spend upon
yourself and upon them what is reasonable."50
c. Treatment with Kindness:
The wife has the right from her husband to treat her with
kindness. Allah says, "Live with them on a footing of
kindness and equity."51 Treatment is a general term which
covers all aspects of familial life and interactions between the
spouses. Hence, the husband is required to be kind to his wife
in words and deeds; he should not assign her to do things
which she is not capable of doing; he should use nice words
when addressing her; he should take care of her; he should
make her happy and finally he should bear any misconduct
that she may be guilty of.
Al-Qurtubi52 comments on the part of verse: "Live with them
on a footing of kindness and equity" thus: Allah has enjoined
on husbands to be kind to their wives as ordained by Allah.
This kind treatment includes payment of the dower, spending
on them and never oppressing them.
Yahya bin Abdur Rahman Al-Handhali said, "I came to
Muhammad Ibn al-Hanafiyah. He met me wrapped in a red
garment and his beard was dripping perfume. I asked him,
'What is this?' He replied, 'My wife covered me with this
grarment and rubbed my body with perfume. They like us to
present ourselves to them the same way we like them to

49 al-Talaq; 7.
50 al-Bukhari, Book of Spending, Part: "If the Man does not Spend, his Wife may
Take from his Wealth without his Knowledge an Amount Sufficient for her
and her Children" and Muslim, Book of Cases, Part: "Hind's Case".
51 Ibn Qudama, Op. Cit., 11/348.
52 Al-Qurtubi, Op. Cit., 5/64.

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 Dr. Muhammad Sa'd Muhammad Al-Mugrin

present themselves to us.'" Ibn Abbaas said, "I like to beautify

myself for my wife as I like her to beautify herself for me."
Commenting on the part of verse, "…Live with them on a
footing of kindness and equity…," Ibn Katheer53 states,
"Husbands should use nice language when addressing their
wives, treat them in a good manner and present themselves to
them in good attire and appearance for they like their wives
to present themselves to them in nice attire and appearance."
He adds, "The Prophet (peace and blessings be upon him)
said, 'The best among you are those who are best to their
wives, and I am the best among you to my wives." 54
The Prophet (peace and blessings be upon him) was very
pleasant and gentle. One of his wives woke up in the middle of
the night and discovered that he was not beside her, though it
was her night to have him with her. She tells us that she locked
the door on him, thinking that he had gone to one of his other
wives on her night. When he returned after a short while to
find that she had locked him out of the house and asked her to
open the door, she confronted him on why he had gone out. He
calmly told her that he simply had needed to go to the
bathroom. He was also reported to have been joking with his
wives and even racing with them. A'isha (may Allah be
pleased with her) narrated, "The Prophet raced me and I beat
him. However, when I put on weight, he raced me and he beat
me. He said, 'This for that!'"55
The Prophet used to have his meals with his wives. He also
used to gather his wives in one room, have dinner with them

53 Ibn Katheer, Op. Cit., 1/477.

54 Sunan al-Termidhi, Book of Virtues, Part: "The virtues of the Prophet's wives."
at-Termidhi said that this hadeeth is good and authentic but strange and Ibn
Majah, Book of Marriage, Part: "The Kind Treatment of Women". Al-Albani
classified the hadeeth as authentic in the Authentic Series under # 285.
55 an-Nasaa’i, al-Kubra, Book of Treatment of Women, Part: "Racing with One's

Wife" and Ibn Majah, Book of Marriage, Part: "Good Treatment of Women".

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and then retire to the room of the wife with whom he had to
spend the night.
Moreover, the Prophet's wives would argue with each other in
his presence. He never got angry when they did. He always
solved their problems with wisdom, gentleness, and
sensitivity, but never with harshness. This clearly shows us
what a man’s role as protector and maintainer of women is all
about: "Verily, in the Prophet you have a good example to
follow."56
2. Husbands should be fair guardians:
The function of qawaamah (matrimonial guardianship) is a legal duty
with which Allah has charged men. Therefore, men are required to
comply with the rules of the Islamic Shari'ah applicable to this
demanding duty; they are enjoined to be just and fair in the
treatment of their wives and considerate in fulfilling their rights.
Unfortunately, many men abuse the function of qawaamah to oppress
women as if they know nothing about this function except the verse
of the Qur'an that speaks about qawaamah and know nothing of the
Sunnah except the hadeeths that speak about the rights of husbands
over their wives. They forget about the many verses of the Qur'an
and the many Prophet's hadeeths that warn husbands against treating
their wives unjustly and that prohibit them to exercise any physical
and moral aggression against their wives. This bad conduct by some
men is the point that makes the enemies of Islam cast shadows of
doubt on the fair and just treatment of women in Islam with the aim
of distorting the image of Islam and Muslims.
Qawaamah truly means that the husband is responsible for managing
the affairs of the family and taking care of the members of the
family, on top of whom is the wife whom the Prophet (peace and
blessings be upon him) described as the best mate man can have in
this life. The husband has no right whatsoever to abuse this duty
with the aim of degrading his wife, denying her rights or disgracing
her. If he does anything that hurts her dignity, she can present the
case to her father or guardian to deter this bad husband.

56 al-Ahzab, 21.

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 Dr. Muhammad Sa'd Muhammad Al-Mugrin

Part Six
Requirements of Qawaamah

As has already been explained, the duty of qawaamah does not in

any way mean degradation of women, abusing their rights or
marginalization of their characters. By the same token, it does not
mean that the husband has the right to insult or humiliate his wife.
Sayyid Qutub57 comments on the function of qawaamah thus: "The
point is that the protection and maintenance given to men over women
in no way implies the denial of the woman’s identity, whether in the
context of the home or her position in society at large. It is merely a role
to be played by men within the family environment so that this
important social institution can be properly managed, safeguarded and
upheld. The presence of a manager in a given institution does not negate
or diminish the individuality or the rights of the others who share in it
or of those who work for it. Islam has clearly defined what the
protection and maintenance of women entails for men – the care and
protection, manners, and all liabilities associated with it."
Qawaamah requires the husband to perform his duties towards his
wife and other members of his family beginning with the payment of
the dower, the provision of suitable accommodation, clothing and
ending with the financial support which the husband is enjoined by
Allah to provide for his wife and family.
Ibn Al-Arabi 58 comments on the words "men have a degree over
them" as "the right of qawaamah". He adds that the husband has "to pay
the dower, provide financial support, treat his wife with kindness,
instruct her to obey her Lord and teach her the pillars of Islam like
prayer and fasting."
Qawaamah also requires the husband to supervise his wife and
kindly instruct her to do good deeds and refrain from bad deeds. He is

57 Qutub, Sayyed, fi Zilal al-Qur'an, 2/652.

58 Ibn al-Arabi, Op. Cit., 1/530.

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also required to teach her and take care of her, following in the
footsteps of the Prophet with regard to the way he treated his wives.
To sum up, the function of qawaamah requires the husband to
manage and lead the family institution in the best manner possible.
There is no doubt that this management and leadership implies that
the husband should maintain full supervision of all members of his
family. However, he should be reminded that the function of
leadership and management does not in any way mean diminishing
the right of the other members of the family, especially as related to
expressing their points of view on any matter that concerns the family.
The Prophet (peace and blessings be upon him), the leader of the
nation, used to consult his companions in many matters as he did on
the Battle of Badr59 and the prisoners of war60; he even accepted the
advice of his wife, Um Salamah, regarding the course of action he
should take during the Hudaybiyah Umrah.61
The Prophet (peace and blessings be upon him) applied the true
function of qawaamah in the best manner. He maintained the rights of
his wives, never humiliated them nor exercised absolute control over
them or oppressed them.
The Prophet (peace and blessings be upon him) was not an emperor
who used such a position to lord it over his family. When we look
carefully at his life, we would find it the most eloquent testimony of
what we have stated above – that a man’s protection and maintenance of
women in no way entails obstinacy, compulsion or subjugation.
A'ishah, the Prophet's wife, said about her husband: ―When he was
at home, he would keep himself busy serving his family...‖ 62
For the function of qawaamah to be performed by the husband in the
best way possible, the wife is required to fulfil her duties towards her
husband:

59 Ibn Katheer, al-Bidaya wan-Nihaya, Dar Hajar, 5/81.

60Muslim, Book of Jihad and Biographies, Part: "Support by Angles in the Battle
of Badr".
61al-Bukhari, Book of Covenants, Part: "Conditions of Jihad and Reconciliation

with Enemies".
62 al-Bukhari, Book of Adhan, Part: "A Person Involved in Housework when the

Time of Prayer is Declared".

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 Dr. Muhammad Sa'd Muhammad Al-Mugrin

1. She should obey him

Allah has enjoined on the wife to obey her husband in anything he
asks her to do unless it is a sin. "As a matter of fact, obedience is an
integral part of cooperation between the couple. In Islam, the
family is the bedrock of building society, which if built on sound
foundations, the whole society would develop and prosper in the
proper way. The life of any group cannot be set on the right track
unless there is a head who manages its affairs and preserves its
identity. Such headship cannot be achieved unless the head is
obeyed. This headship was not put in the hands of man free of
charge; he has paid for it because he is the one responsible for
earning the livelihood of the family and struggling for it. His
physical makeup entitles him to be the head of the family."63 We
should never forget that the Prophet (peace and blessings be upon)
exhorted women to obey their husbands.
2. She should stay at home
One of the rights of the husband from his wife is that she should
stay at home; she should not go out of the house without his
permission unless for an emergency. Staying at home does not in
any way mean enslaving the wife or limiting her freedom; rather it
is an honour for her for she is responsible for taking care of her
house and organizing it in a manner that guarantees happiness for
all members of the family, especially her husband. The Prophet
(peace and blessings be upon him) said, "The woman is a steward
in her husband's house and responsible for those under her care."
64

3. She should not permit anyone her husband hates to enter his
house
The Prophet (peace and blessings be upon him) said, "As for your
right from your wives, they should not allow anybody you do not

63 Shalabi, Muhammad Mustafa, The Rules of Family in Islam, Dar al-Nahdha Al-
Arabiyya, Beirut, p. 329.
64 al-Bukhari, the Book of Freeing Slaves and Muslim, the Book of Governance,

Part "The Virtues of the Just Ruler".

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like to sit on your furniture or permit anyone you do not like to

enter your houses."65
4. She should take care of his affairs
The wife is required to take care of all the affairs of her husband.
She should preserve his money, keep his secrets confidential and
look after his needs related to meals, drinks and sleep. The female
companions of the Prophet were the best examples of taking care
of their husbands:
1. Asma bint Abi Bakr (may Allah be pleased with them) said, "az-
Zubair married me. He had neither land nor wealth nor slave nor
anything else like that except a camel (to get water) and his
horse. I used to graze his horse and to provide it with water,
patched up his leather bucket and kneaded the flour. But I was
not proficient in baking bread, so my female neighbours used to
bake bread for me [and they were sincere women]. And I used to
carry on my head the stones (seeds) of the dates from the land of
az-Zubair which Allah's Messenger (peace and blessings be upon
him) had endowed upon him and it was at a distance of two
miles (from Madinah). As I was one day carrying the stones of
dates upon my head, I happened to meet Allah's Messenger
(peace and blessings be upon him), along with a group of his
companions. He called me and the camel to kneel down so that
he should make me ride behind him. I felt shy to go with men
and I remembered az-Zubair's jealousy, and he was the man
having jealousy the most. When the Messenger of Allah (peace
and blessings be upon him) understood my shyness he left. I
came to az-Zubair and said, 'The Messenger of Allah (peace and
blessings be upon him) met me as I was carrying the stones of
the dates on my head, and there was with him a group of his
companions, he made the camel kneel down so that I would
mount it; I felt shy from him, and remembered your jealousy.'
Whereupon he (az-Zubair) said, 'By Allah, the carrying of dates'
stone upon your head is more severe a burden on me than riding

65 Sunan at-Tirmidhi, Book of Nursing a Child, Part: "Rights of Wives from

Husbands" and Sunan Ibn Majah, Book of Marriage, Part: "Rights of Wives
over Husbands".

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 Dr. Muhammad Sa'd Muhammad Al-Mugrin

with him.' [And I led this life of hardship] until Abu Bakr
afterwards sent a female servant who took upon herself the
responsibility of looking after the horse and I felt as if he (Abu
Bakr) had emancipated me."66
2. Anas bin Malik (may Allah be pleased with him) narrated, "Bilal
came late to the Dawn Prayer. The Prophet (peace and blessings
be upon him) asked him about the reason for coming late to
prayer. Bilal said, 'I passed by Fatimah while she was grinding
[barley] and her son was crying. I said to her that I could either
grind for her or lull the boy.' She said, 'I am kinder to my son
than you are.' This was the reason I came late. I felt mercy for
her, may Allah bestow His mercy on you.'"67
I hope that women would find in the above hadeeths some
condolence especially when they know that the female
companions of the Prophet (peace and blessings be upon him),
who are the best generation, were serving their husbands and
administering their affairs. Rather, they considered such service
as a form of worship as the Prophet (peace and blessings be upon
him) said, "If the wife prays five times a day, fasts the month [of
Ramadhaan], preserves her chastity and obeys her husband, she
will be told to enter Paradise from any gate she wishes." 68

66 al-Bukhari, Book of Marriage, Part: "Jealousy" and Muslim, Book of Peace, Part:
"Giving a Ride for a Consanguineous Woman if She Gets Tired".
67 Ahmad's Musnad, hadeeth # 12066. Ahmad reported on the authority of Abdul

Samad through Ammar, meaning Aba Hashim, the disciple of al-Za'farani,

through Anas bin Malik that Bilal…. The editor of the Musnad said that the
series of narrators of the hadeeth is weak because Ammar who is Ibn Amarah
did not live at the time of Anas. This hadeeth is reported by Ahmad alone.
68 Op. Cit.

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Part Seven
Allegations against Qawaamah

The enemies of Islam have long been attempting to distort the image
of Islam through the use of several means. The rights of women
constitute one of the issues to which they have been lingering at in order
to spread misconceptions about the position and rights of Muslim
women. The subject of qawaamah is a point in case. They have used this
function as a means to provoke women against Islam. The major
allegations they have given about this subject are as follows:
1. Qawaamah restricts the freedom of women and constitutes an
infringement on their dignity,
2. Qawaamah degrades the mental capabilities of women and their
proper management of things,
3. Qawaamah is an act of enslaving women by virtue of the absolute
power men exercise on them.69
To rebut the above allegations, it can initially be said that they are
unleashed by the enemies of Islam who aim at distorting its bright
image. As we are aware of the source of these allegations, it becomes
easy to refute them, especially when we know how these enemies are
ignorant of the function and requirements of qawaamah as well as its
rules in the Islamic Shari'ah.
According to the Islamic Shari'ah, the function of qawaamah does not
mean oppression, domination or disgrace. Rather, it is an honour for
women since it raises their status in society. Allah, who created both
men and women is the one who has made qawaamah the right of men for
he knows best what is suitable for both men and women: "Should He
know not, He that created? And He is the Subtle and the Aware." 70
By establishing the function of qawaamah, the Islamic Shari'ah does
not ignore the function of women as the managers of the household and
the ones who manage the affairs of the household and take care of
members of the family. Wives are the ones responsible for members of
the family and the ones who bring up generations. The woman is a

69 Qutub, Muhammad, False Allegations against Islam, Dar ash-Shuruq, Beirut,

p.121.
70 al-Mulk, 14.

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queen in her house, for the Islamic Shari'ah has guaranteed her
appropriate accommodation, support and clothing. It has also
guaranteed for her good treatment, respect and appreciation.
Those who have unleashed these charges against Islam are ignorant
of the position of women in Islam. They do not like to admit that the
Prophet (peace and blessings be upon him) always advised men to be
kind to women even at the last moment of his life.
Here are some examples of Western women who complained against
the false freedom given to them, which made them lose the real
functions and duties of women.
Agatha Christie, the British Novelist, said, "Women are fools because
their position in society is getting worse day after day. We have exerted
much effort to attain the right of work and equality with men.
Unfortunately, we (women) have proven that we are the gentle and
weaker sex, but today we are equal with men in hard work and struggle,
which was the share of man alone."
Mrs. Christine, a French lawyer, said, "I have spent seven weeks in a
visit to Beirut, Damascus, Amman and Baghdad. Here I am back in
Paris. What did I find there? I found a man who goes to work in the
morning and struggles the whole day to come back home in the evening
with bread along with love and compassion for his wife and children."
"A woman in those countries has no duty other than bringing up the
generation and taking care of the man she loves or at least the man who
has been her destiny.
"In the east the woman sleeps, dreams and makes her dreams a reality.
The man has provided her with bread, comfort and luxury. In our
countries, women have struggled for equality, so what have they
achieved?
"The woman in Western Europe is a commodity. The man would tell
her, 'get up and earn your living for you are the one who asked for
equality.' Amidst her struggle to earn her living, the woman forgets
about the feminine side in her, the man forgets about his partner and life
becomes meaningless."71
The above are but some of the testimonies given by Western women
who did not like to be under the guardianship of men in utter
contradiction with common sense and religion.

71 Al-Hamad, M. I.: Images of Women's Dignity in Islam, p. 36. See also

LahaOnline.com website, Qawaamah Liberates Women and Restricts Men.

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As for the instances of injustice which Western women suffer, one

can say that they are countless. Has there been more injustice to women
than losing their real function or more than losing their feminine
emotions as expressed by Mrs. Christie, let alone the violence and
ruthless treatment that women suffer in these communities.
Commenting on the violence women in the West suffer, Dr. Fatimah
Naseef72 says, "Here is some information I have got before leaving to
Peking Conference before which I asked the Federal American police to
provide us with reports on violence against women:
- 79% of men in the United States beat their wives in a way that leads
to some sort of disability,
- 17% of women cases require admission to the ICU, and according to
a report by the Central American Agency of Investigation, a wife is
beaten by her husband every 18 seconds."
"An American newspaper published that one of every 10 women are
beaten by their husbands. Commenting on this news, the Family
Relations Newspaper stated that one of every two women are beaten
and oppressed in the United States.
"In France, two million women are treated violently each year.
Secretary of State of Human Rights, Michele Andrea, said, "Even
animals are sometimes treated better than women. Had a man beaten a
dog in the street, someone would complain against him to an animal
care society. However, had a man beaten his wife in the street, no one in
France would move a muscle."
"Here are some statistics that shed more light on the conditions of
women in the West:
- 92% of violence cases against women take place in cities and 60%
of night complaints received by the emergency police in Paris are
screams for help from women badly treated by their husbands.
- In Amsterdam, 200 members representing 11 countries participated
in a symposium on the maltreatment of women in the world. The
participants unanimously agreed that women are oppressed in all
international communities and that some men use cigarettes and
chains to torture their wives.

72 Arabiyaat Journal, Issue No. 7, 1.11.2000. See also Ibid, p.35.

38 Al-Adl (32)
 Dr. Muhammad Sa'd Muhammad Al-Mugrin

- In Britain, a report stated that 77% of husbands beat their wives for
no reason."

Dr. Naseef goes on to say, "When we know that all these violations
against women take place in their countries, which they omit but
remember to shed light on the conditions of Muslim and Arab women,
we should be aware that they are not interfering to save Muslim women
but to distort her image as well as the image of Islam."

Al-Adl (32) 39
 Matrimonial Guardianship (Qawaamah): Reasons, Rules and Requirements

Conclusion

To conclude this paper, I would like to present here some of the conclusions
I have drawn from this study:
1. Islam has dignified women, raised her social position and guaranteed her
the freedom that is controlled by the rules of the Islamic Shari'ah.
2. Matrimonial guardianship (qawaamah) is the right of man in accordance
with the provisions of the Qur'an.
3. Men are better than women for the favours Allah has given men over
women both in terms of physical makeup and legal matters.
4. Qawaamah is a legal function that burdens man with huge responsibilities
and maintains the dignity and honour of women.
5. The function of qawaamah does not in any way give man the right to
oppress his wife, derogate her personality or marginalize her opinion in
matters related to familial life.
6. The Wise Legislator (Allah) has enjoined on men certain conditions that
realize equity for the function of qawaamah to be valid.
7. The allegations unleashed by the enemies of Islam stem from their enmity
and hatred of Islam.
8. Matrimonial guardianship is meant to manage the affairs of the family with
wisdom rather than exercising absolute control over women.
9. Entrusting men with the responsibility for the management of the family is
the main reason behind realizing happiness and stability for the family.
10. Although husbands are given the authority to manage their families, their
wives should be given the authority necessary to manage the internal
affairs of the house.
11. Many Western women have admitted that the real happiness of women is
only found inside their homes, and that their real function is to take care of
their husbands and children.
12. It is not at all wise for Muslim women to be deceived by the false western
mottoes which call women to liberate themselves from their real duties and
to revolt against their nature. Rather, Muslim women should carefully
consider the abyss to which Western women have been reduced. They have
become of no value whatsoever. Hence, we should thank Allah for the
blessings He has endowed on us.
13. Westerners violate the rights of women and treat them badly, as has clearly
been shown by the statistics discussed in the present paper.
May Allah's peace and blessings be upon our Prophet Muhammad, his
family and companions.

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