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

  • Samza Fatima Assistant Professor of Law, BZ University, Multan http://orcid.org/0000-0002-8689-8629
  • Dr Abida Hassan isiting Professor of Law University of Management & Technology, Lahore
  • Dr Muhammad Bilal

Abstract

Present study discusses the concept of Qawamah (leadership in family), in modern society and its legal discourse.  The term ‘Qawamah’ which means males are protector 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 discussions in different times and this research scans gender (husband and wife) roles and codification of family laws in Pakistan as a trail for protecting 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 Muslim world.

Published
2022-06-23