A Husband'S Authority
Emerging Formulations In Muslim Family Laws
Bibliographic Data
| ID | 12583133 |
|---|---|
| Authors | Lynn Welchman (SOAS University of London, corresponding author) |
| Year | 2011 |
| Volume | 25 |
| Issue | 1 |
| Pages | 1-23 |
| Publication date | 2011-01-18 |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Journal of Law Policy and the Family (JOURNAL) |
| Journal identifiers | ISSN: 1360-9939 • E-ISSN: 1464-3707 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/lawfam/ebq014 |
| OpenAlex | W2083659671 |
| Language | EN |
| Citations received | 4 |
| References cited | 7 |
This article considers the articulation of the husband–wife relationship in Islamic law and specifically the contemporary equation in statutory formulations of Muslim family law that sets the husband's duty of support, or maintenance, of his wife, as the exchange for the wife's obedience to her husband. This formulation is currently challenged not only in activism but also increasingly in legislation in Muslim majority states. I begin with a consideration of some of the contestations in English-language scholarship of the ‘meanings’ of ‘Islamic law’ and its relationship particularly to women in the family. I then look at the paradigm of the husband's authority (qiwama) over his wife in jurisprudence and pre-modern practice, moving from there to the maintenance–obedience equation in Arab state family law codifications. I end with a comparison of the way in which Morocco and the United Arab Emirates deal with this issue in their recent family law codifications, reflecting that the formulations emerging in the two states are positioned at either end of the current spectrum of Muslim family laws in Arab states
Duty · Family law · Fiqh · Islam · Marriage law · Obedience · Political science · Scholarship · Sharia · Sociology · Statutory law · Theology · Wife · Islamic Studies and History · Law · Marriage and Sexual Relationships · Multiculturalism, Politics, Migration, Gender · Philosophy
Equality (Kafā’ah) in the Muslim Law of Marriage
The Dawning of the Third Millennium on Shari`a
Debating Islamic Family Law
Ta‘a and modern legal reform
Public Debates on Family Law Reform Participants, Positions, and Styles of Argumentation in the 1990s
The Tunisian Law of Personal Status
Bargaining With Patriarchy
| Citations per year | 0.31 |
|---|---|
| Citation span | 2013 - 2019 (7) |
| Highly cited | No |