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This article is about the guardianship of men over women. For the view of Verse 34 of Sura al-Nisa', see Verse of al-Rijal Qawwamun 'ala al-Nisa'.

Guardianship of men over women (Arabic: قَوّامیَت) is a Qur'anic ruling that refers to the oversight and management by men over family affairs, the administration of women's affairs, and the provision of their needs. Regarding the nature of men's guardianship in the family, three general approaches—supervision, agency, and a combination of supervision and agency—have been proposed among Shi'a thinkers.

The assignment of family management responsibility to the man, based on the Verse of al-Rijal Qawwamun 'ala al-Nisa', is attributed to natural characteristics in men, such as the preference for the power of science and thought over emotions, their endurance in performing difficult tasks, as well as the man's commitment to providing living expenses (maintenance) and paying the women's dowry.

Regarding the scope of men's guardianship over women, some do not consider being a guardian (qawwam) limited to the husband over the wife; rather, they view it as a comprehensive ruling established for the genus of men over the genus of women. In contrast, most commentators and jurists believe the verse pertains to the sphere of the family, not society, and is restricted to the relationship between husband and wife and the man's management within the family.

The consolidation of the family institution is considered the most important wisdom (hikmah) behind the guardianship and supervision of men over women.

Conceptology

"Men are the managers of women, because of what Allah has let some of them excel others, and because of what they spend of their wealth."

[1]

The guardianship (qawwamiyyat) of men over women is a Qur'anic ruling that refers to the supervision and management by men over women[2] and issues of supervision within the family.[3] In the Verse of al-Rijal Qawwamun 'ala al-Nisa', the status, responsibility, and duties of the man in the family are raised. This verse also examines the mutual duties of the woman toward the spouse, as well as strategies to protect the family from collapse.[4]

The word qawwam is used three times in the Qur'an (Sura al-Nisa', Verse 135, Sura al-Nisa', Verse 34, and Sura al-Ma'ida, Verse 8) which, according to Raghib al-Isfahani's classification, means rising to perform tasks voluntarily and not by the compulsion of others, as well as consideration and protection.[5] The word qawwam is considered more expressive and eloquent than the word qayyim, and refers to one who is in charge of interests and administration.[6] Jawadi Amuli in Tafsir Tasnim considers the importance of using the word qawwamun regarding men's guardianship over women in Verse 34 of Sura al-Nisa' to be because the Qur'an uses the word qiyam for minor and unimportant tasks; but for important and sensitive tasks like implementing personal justice, maintaining equity (qist), and managing family affairs, the word qawwam—which is an intensive form (sighat al-mubalagha) denoting frequency—has been used.[7]

In defining a man's guardianship over a woman, it is said that a qawwam is one who acts in attending to the affairs of others on his own and without relying on another; therefore, qawwamun are husbands who oversee the administration of women's affairs and the fulfillment of their needs.[8]

Approaches

Among Shi'a thinkers, three general approaches regarding the nature of men's guardianship in the family have been proposed: supervision, agency, and a combination of supervision and agency.

Supervision and Leadership

Many Shi'a thinkers and commentators, because they view the status of the man as the management of the family, have referred to the concept of qawwamun under titles such as supervision and custodianship (qayyumiyyat),[9] guardianship,[10] authority,[11] and sovereignty of the man over the woman.[12]

Among these, the expressions supervision and custodianship have been considered more appropriate; for guardianship (wilaya) is a person's authority over the property and life of another, whereas the man has no guardianship over the woman's life and property.[13] Furthermore, considering the woman to be under the authority and sovereignty of the man is seen as a notion related to previous centuries and the pre-Islamic era. Accordingly, from the Islamic view and in today's world, man and woman are complements to each other, and the man's leadership over the family is primarily the performance of a social duty, and the woman is his collaborator, not an absolute subordinate.[14]

Mostafa Mohaghegh Damad, with a legal perspective on the man's leadership over the family, believes that despite the mutual rights of the woman and man, Islam has considered the man as the head of the family. By this leadership, it is meant final decision-making in family affairs and the consideration of its interests, some of which authorities are specified by law (such as choosing the place of residence) and in unforeseen cases, are determined according to custom and reason.[15]

Among those who have considered guardianship to mean the leadership and supervision of the man over the family, three general approaches exist:

  • Some theorists have considered guardianship—and in other words, the man's leadership over the family—as a right that God has granted to the man.[16] Based on this view, the man would be free in exercising or not exercising this right, and even in delegating it.[17]
  • In contrast to the above view, many researchers consider the man's guardianship over the family to be a duty placed upon the man.[18] Based on this view, the leadership of the family is not a right given to the man from which the woman has been deprived; rather, it is similar to performing a social duty and he is obliged to implement it, and only in case of his inability to perform this duty in cases like hajr (incapacity) or folly, this responsibility will be revoked from him.[19]
  • Dr. Katouzian, with a different perspective, considers the man's leadership a status similar to custody (hadana), which on one hand—whether in relation to the spouse (guardianship) or in relation to the children (guardianship)—is a duty toward support, oversight, and maintaining the family's interest, and on the other hand, considering the advantages resulting from this legal authority and the impermissibility of others' hindrance to it, takes on an aspect of a right; therefore, the man's leadership over the family manifests as a blend of right and duty.[20]

Agency and Service

Some commentators have considered guardianship as the concept of undertaking the task (qiyam bi-l-amr), care, taking charge of women's affairs, and agency.[21] In the view of this group, the verse of guardianship only indicates undertaking women's affairs and not authority over them.[22] In this perspective, they view the analysis of the first group (supervision and custodianship) as resulting from the custom governing society and not the Qur'an.[23] Sadeqi Tehrani in Tafsir al-Furqan is of the belief that qawwamun means good care of women and worthy protection and guarding of them, and this guardianship is not a sign of the superiority of the group of men over women and has not established any kind of guardianship (wilaya) for men over women.[24]

Leadership and Service

Other commentators, by combining the two previous views (leadership and agency), are of the belief that guardianship is not only supervision in the sense of commanding and forbidding; rather, it is also attending to the status of women and addressing their affairs.[25]

Foundations

The assignment of responsibility and management of the family to the man based on Verse 34 of Sura al-Nisa' is attributed to two causes. Many commentators, citing the two phrases "because of what Allah has let some of them excel others" and "and because of what they spend of their wealth," believe: due to the existence of physical and natural characteristics in men, such as the preference for the power of science and thought over the force of affection and emotions,[26] his endurance in performing difficult tasks,[27] and also the man's commitment toward the wife and children regarding paying for decent living expenses (maintenance) and paying the women's dowry, Allah has placed the supervision of the family upon men.[28]

Virtue of Man over Woman

Commentators examine the concept of the man's superiority over the woman in light of the word "excel" (faḍḍala) in the verse:

  • Superiority of the Man: Some commentators believe this verse means the general superiority of men over women and that women must obey their husbands and be under their authority.[29]
  • Lack of General Superiority:[30] In contrast, some other commentators argue that the pronoun "them" (hum) in "some of them" (baʿḍahum) refers to both men and women, and if the absolute superiority of men were intended, the expression "because of what He excelled them over them [fem.]" (bi-mā faḍḍalahum ʿalayhinn) should have been used.[31]
  • Stating the Real Criterion of Superiority: Based on this view, assigning family management responsibility to men is not because of their inherent personal superiority, but because of their greater physical readiness. The main criterion for human superiority in the view of Islam is only faith, piety, knowledge, and Jihad. Therefore, it is possible that the spiritual, scientific, or human character of a woman be higher than her husband's, just as it is possible for a deputy to be superior to his head in these dimensions.[32]

Scope of Supervision and Management

There are two views regarding the scope of men's guardianship over women; some believe that the expression "Men are the managers of women" (al-rijal qawwamun 'ala al-nisa') applies generally to the genus of men over the genus of women[33] and this supervision is not limited only to the husband-wife relationship.[34] Based on this view, matters like prophethood, guardianship, government, and judgment—which are vital for society—have been assigned to men.[35]

In contrast, most commentators and jurists view this verse as specific to the sphere of the family and the relationships between husband and wife and the man's management in family affairs.[36] This opinion is reinforced by citing the section "and because of what they spend of their wealth," which refers to the husband's maintenance (nafaqah) for his wife,[37] and also by mentioning cases such as the lack of a brother's guardianship over a sister. In between, Jawadi Amuli, by combining these two views, believes that although the verse is about the family, its reasoning has universality and also includes the leadership of society, which results from the man's generative and natural superiority.[38]

Limit of the Man's Supervision within the Family

Regarding the limit of the man's guardianship (supervision and management) in the family, different views have been proposed:

  • First View (Absolute Obedience): Many commentators, citing the absolute nature of the relevant verse, do not maintain a limit for the man's supervision in the family and believe the woman is obliged to absolute obedience to the husband.[39]
  • Second View (Limited to Marital Relations): Many jurists consider the circle of the man's guardianship limited to marital affairs. These affairs include the man's right to divorce, the necessity of the woman's obedience in the marital relationship (marriage), and the provision of maintenance by the man. In other cases, they consider the woman and man equal.[40]
  • Legalists' View (Custom-Dependent): Legal scholars believe that the limit of the man's guardianship depends on the custom of each society and is subject to social habits and traditions and different interests.[41]
  • View of Sayyid Muhammad Husayn Fadlullah: He believes that the man's leadership only makes sense within the circle of coupledom and the spousal relationship, and Islam has not obliged the woman to absolute obedience to the husband in a way that her thinking and will in personal and social life are disrupted. This view contrasts with the first interpretation and rejects the expansion of guardianship to all affairs of the woman.[42]

Interest and Wisdom

The general interest of consolidating the family institution is considered the most important wisdom (hikmah) behind the guardianship and supervision of men over women. Based on this view, anything that leads to the consolidation and stabilization of the family institution will be of interest to the Lawgiver; for this reason, Allah, considering the natural characteristics of men, has placed the duty of providing family needs (maintenance) and its management upon men, and in contrast, has asked women to accompany men toward consolidating the family institution, including living together as husband and wife in a home that the man determines, provided it is suitable for the wife's status.[43]

Notes

  1. ↑ Sura al-Nisa', verse 34.
  2. ↑ Riḍāyī Iṣfahānī, Tafsīr-i Qurʾān-i Mihr, 1387 SH, vol. 4, p. 117.
  3. ↑ Makārim Shīrāzī, Tafsīr-i Namūna, 1371 SH, vol. 3, p. 369.
  4. ↑ Muṣṭafawī Fard, "Rūykard-i andīshwarān-i Shīʿa bi mafhūm-i qawwāmiyyat-i mard dar āya 34 sūra-yi Nisāʾ", p. 82.
  5. ↑ Rāghib al-Iṣfahānī, Mufradāt, under the word q-w-m.
  6. ↑ Baghawī, Maʿālim al-tanzīl, 1420 AH, vol. 1, p. 611.
  7. ↑ Jawādī Āmulī, Tafsīr-i Tasnīm, 1389 SH, vol. 18, p. 551.
  8. ↑ Jawādī Āmulī, Tafsīr-i Tasnīm, 1389 SH, vol. 18, p. 549.
  9. ↑ Ṭabāṭabāʾī, al-Mīzān, 1390 AH, vol. 4, p. 343; Qurashī Bannāʾī, Aḥsan al-ḥadīth, 1375 SH, vol. 2, p. 354; Mudarrisī, Min hudy al-Qurʾān, 1419 AH, vol. 2, p. 73.
  10. ↑ Mughniyya, al-Kāshif, 1424 AH, vol. 2, p. 315; Fāḍil Miqdād, Kanz al-ʿirfān, 1373 SH, vol. 2, p. 211.
  11. ↑ Ṭabrisī, Majmaʿ al-bayān, 1372 SH, vol. 3, p. 68.
  12. ↑ Fayḍ Kāshānī, al-Aṣfā fī tafsīr al-Qurʾān, 1418 AH, vol. 1, p. 218.
  13. ↑ Kātūziyān, Ḥuqūq-i madanī: Khānivāda, 1380 SH, vol. 1, p. 226.
  14. ↑ Kātūziyān, Ḥuqūq-i madanī: Khānivāda, 1380 SH, vol. 2, p. 202; Miqdādī, "Riyāsat-i mard dar rābiṭa-yi zawjiyyat", pp. 106-110.
  15. ↑ Muḥaqqiq Dāmād, Barrasī-yi fiqhī-yi ḥuqūq-i khānivāda, p. 288.
  16. ↑ Mudarrisī, Min hudy al-Qurʾān, 1419 AH, vol. 2, p. 74; Muṭahharī, Yāddāsht-hā-yi Ustād Muṭahharī, 1385 SH, vol. 5, p. 145; Ḥakīmī, Difāʿ az ḥuqūq-i zan, 1387 SH, p. 67.
  17. ↑ Imāmī, Ḥuqūq-i madanī, 1368 SH, vol. 4, p. 3.
  18. ↑ Jawādī Āmulī, Zan dar āyīna-yi jamāl wa jalāl, 1386 SH, p. 326; Hāshimī Rafsanjānī, Tafsīr-i Rāhnamā, 1386 SH, vol. 3, p. 365; Kātūziyān, Ḥuqūq-i madanī dar naẓm-i ḥuqūqī-yi kunūnī, 1378 SH, p. 676.
  19. ↑ Imāmī, Ḥuqūq-i madanī, 1368 SH, vol. 4, p. 11.
  20. ↑ Kātūziyān, Ḥuqūq-i madanī: Khānivāda, 1371 SH, p. 676.
  21. ↑ Ṣādiqī Ṭihrānī, al-Furqān, 1365 SH, vol. 7, p. 38.
  22. ↑ Muṣṭafawī, Tafsīr-i Rawshan, 1380 SH, vol. 5, p. 360.
  23. ↑ Mahrīzī, Shakhṣiyyat wa ḥuqūq-i zan dar Islām, 1386 SH, p. 258.
  24. ↑ Ṣādiqī Ṭihrānī, al-Furqān, 1365 SH, vol. 7, pp. 36-38.
  25. ↑ Makārim Shīrāzī, Tafsīr-i Namūna, 1371 SH, vol. 3, p. 370; Balāghī, Ḥujjat al-tafāsīr, 1386 SH, vol. 2, p. 39; Faḍl Allāh, Min waḥy al-Qurʾān, 1419 AH, vol. 7, pp. 229-230.
  26. ↑ Ṭabrisī, Majmaʿ al-bayān, 1372 SH, vol. 3, pp. 68-69; Makārim Shīrāzī, Tafsīr-i Namūna, 1371 SH, vol. 3, p. 370.
  27. ↑ Ṭabāṭabāʾī, al-Mīzān, 1390 AH, vol. 4, p. 343.
  28. ↑ Mughniyya, al-Kāshif, 1424 AH, vol. 2, p. 315; Makārim Shīrāzī, Tafsīr-i Namūna, 1371 SH, vol. 3, p. 370; Qurashī Bannāʾī, Aḥsan al-ḥadīth, 1375 SH, vol. 2, p. 355.
  29. ↑ Ṭabrisī, Majmaʿ al-bayān, 1372 SH, vol. 3, pp. 68-69; Anṣārī, Kashf al-asrār, 1371 SH, vol. 2, pp. 492-493; Fāḍil Miqdād, Kanz al-ʿirfān, 1373 SH, vol. 2, p. 211.
  30. ↑ Ṣādiqī Ṭihrānī, al-Furqān, 1406 AH, vol. 7, p. 38.
  31. ↑ Mughniyya, al-Kāshif, 1424 AH, vol. 2, p. 315.
  32. ↑ Makārim Shīrāzī, Tafsīr-i Namūna, 1371 SH, vol. 3, p. 371; Riḍāyī Iṣfahānī, Tafsīr-i Qurʾān-i Mihr, 1387 SH, vol. 4, p. 119.
  33. ↑ Ṭabāṭabāʾī, al-Mīzān, 1390 AH, vol. 4, p. 343; Qurashī Bannāʾī, Tafsīr-i Aḥsan al-ḥadīth, 1375 SH, vol. 2, pp. 354-355; Mūsawī Gulpāyigānī, Kitāb al-qaḍāʾ, 1413 AH, vol. 1, p. 44.
  34. ↑ Ṭabāṭabāʾī, al-Mīzān, 1390 AH, vol. 4, p. 343.
  35. ↑ Ṭabāṭabāʾī, al-Mīzān, 1390 AH, vol. 4, p. 343; Sharīf Lāhījī, Tafsīr-i Sharīf-i Lāhījī, 1373 SH, vol. 1, p. 469; Ibn Shahrāshūb, Mutashābih al-Qurʾān wa mukhtalifuh, 1369 AH, vol. 2, p. 28.
  36. ↑ Montaẓerī, Dirāsāt fī l-wilāyat al-faqīh, 1409 AH, vol. 1, p. 350; Ṣādiqī Ṭihrānī, "Guft-u-gū bā Āyatullāh Duktur Ṣādiqī Ṭihrānī", p. 276; Hāshimī Rafsanjānī, Tafsīr-i Rāhnamā, 1386 SH, vol. 3, p. 301; Jawādī Āmulī, Zan dar āyīna-yi jamāl wa jalāl, 1386 SH, p. 325.
  37. ↑ Montaẓerī, Dirāsāt fī l-wilāyat al-faqīh, 1409 AH, vol. 1, p. 350.
  38. ↑ Jawādī Āmulī, Tafsīr-i Tasnīm, 1389 SH, vol. 18, p. 554.
  39. ↑ Sharīf Lāhījī, Tafsīr-i Sharīf-i Lāhījī, 1373 SH, vol. 1, p. 469; Ibn Shahrāshūb, Mutashābih al-Qurʾān wa mukhtalifuh, 1369 AH, vol. 2, p. 28; Najafī, Jawāhir al-kalām, vol. 31, p. 147.
  40. ↑ Mughniyya, al-Kāshif, 1424 AH, vol. 2, p. 315; Ṭūsī, al-Tibyān, vol. 3, p. 190; Ibn Barrāj, al-Muhadhdhab, 1406 AH, vol. 2, p. 225.
  41. ↑ Kātūziyān, Ḥuqūق-i madanī: Khānivāda, 1380 SH, vol. 1, p. 226; Yathribī Qummī, Ḥuqūq-i khānivāda, 1387 SH, p. 103.
  42. ↑ Faḍl Allāh, Taʾammulāt Islāmiyya ḥawl al-marʾa, 1421 AH, p. 113.
  43. ↑ Shaʿbānpūr, "Tabyīn-i muʾallifahā-yi Qurʾānī-yi qawwāmiyyat-i mardān bā taʾkīd bar kārbast-i sanjahā-yi maṣlaḥat dar fiqh-i Shīʿa", pp. 74-77.

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