Muslim legal tradition does not treat women and men equally

---

Here are some important passages from the book "Men in Charge?" by Ziba Mir-Husseini:
------------------------------------------------------------------------------------------------------------------
Muslim legal tradition does not treat women and men equally. At the root of this discrimination lies the assumption that men are superior to women. Qiwamah (guardianship), as constructed in Islamic classical jurisprudence (fiqh) and reflected in present-day laws and practices, continues to play a role in institutionalizing and justifying discrimination against women. 

Quranic verse 4:34 is often invoked as the textual basis for this male authority. It reads “Men are qawwamun [protectors/maintainers] in relation to women, according to what God has favored some over the others and according to what they spend from their wealth. Righteous women are qanitat [obedient], guarding the unseen according to what they spend…. Those women whose nushuz [rebellion] you fear, admonish them, and abandon them in bed, and adribuhunna [strike them]….”

It should be noted that any translation of the above Arabic words advocates certain interpretation. The translations provided above show the way classical Muslim jurists chose to interpret these words. For these jurists, men’s superiority over women was a given, and it was in accordance with a conception of justice that accepted slavery and patriarchy, and so they naturally interpreted the verse in this light.

​Ironically, in relation to marriage, only verse 4:34 and no other relevant Quranic verses has become the foundation for the legal construction of marriage. This juristic construct of qawwamun has provided the rationale for legal disparities to this day such as men’s right to polygamy and the ban on women being judges or political leaders. This qiwamah concept is the lynchpin of the edifice of the patriarchal model of family in Islamic law (fiqh).

---------------------------------------------------------------------------------------
Sources:

• [1] Mir-Hosseini, Ziba; Al-Sharmani, Mulki; Rumminger, Jana. “Men in Charge? Rethinking Authority in Muslim Legal Tradition.” Oneworld Publications. 2015.
• Vogt, Kari; Moe, Christian; Mir-Hosseini, Ziba. “Gender and Equality in Muslim Family Law.” Oneworld Publications. 2015. 
  
• Photo: www.pixabay.com