The five-year Knowledge Building Initiative on Qiwamah and Wilayah focused on the concepts of qiwamah and wilayah, which are commonly understood as sanctioning men’s authority over women. As interpreted and constructed in Muslim legal tradition, and as applied in modern laws and practices, these concepts play a central role in institutionalising, justifying, and sustaining a patriarchal model of families in Muslim contexts.
In Muslim legal tradition, marriage presumes an exchange: the wife’s obedience and submission (tamkin) in return for maintenance (nafaqah) and protection from the husband. This theoretical relationship, which still underlies many family law provisions in our contexts as Muslims today, results in inequality in matters such as financial security, right to divorce, custody and guardianship, choice and consent in marriage, sexual and reproductive health and rights, inheritance and nationality laws.
This inequality is at odds with the underlying ethical principles of Islam as articulated in the Qur’an. It also clashes with contemporary notions of Islamic and human rights principles, and with the reality that men are often unable or unwilling to protect and provide for their families.
This initiative seeks to show how laws based on outdated interpretations of these concepts, which place women under male authority, no longer reflect the justice of Islam. Other interpretations are both possible and more in line with human rights principles and contemporary lived realities.
Musawah’s critical engagement with the juristic concepts of qiwamah and wilayah developed a new understanding in line with contemporary notions of justice, equality, ethics, individual freedoms, and dignity, as well as the lived realities of Muslim families today. We: