Questioning Female-Male Power Relations In Islam
By
Grace Mubashir, New Age Islam
5 October
2022
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In the wake
of Hijab controversy, this article looks into problematic patriarchal
understanding of male-female relation. Brutalized patriarchy is often permeated
through the classical Islamic literature. But the fact is that even these
bodies of work are strong legal and didactic critique of patriarchy practiced
by Muslim communities. This article is the rebuttal of dehumanization of women
using authentic classical Islamic sources. The clamour for reforms in
patriarchal interpretations of religious scriptures is gradual continuance of
this vibrant culture. The reform project is just the demand of time.
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Qivama, the jurisprudential part which
discusses male-female relation, should be understood as a evangelically
structured system to protect women's rights and women themselves instead of a
male-dominated system of authority.
It can be
assessed that men and women should follow each other in Qivama, whatever
democratic human values are followed by the leader and superiors who lead a
national system, office system or party when interacting with their colleagues.
Just as structural alignment for administrative convenience exists at
occupational levels, Qivama points to the tenuous existence of the basic
social institution of the family.
The 34th
verse of Surat al-Nisa is the most hotly debated Qur'anic verse in
discussions of power relations between men and women in general and in feminist
discourse in particular. It is assigned primary meanings such as 'men have
control over women', man is the steward of women'. This practice has been
active in classical Muslim scholarly circles as a system based on the principle
of maintaining the family rather than holding power. This system is generally
referred to as Qivama. The Qur'an introduces it with the term ‘Qawwamoon’.
The significance of this is that men are the ‘Qawwamoon’ of women. ‘Qawwamoon’
is derived from the root word Qiwama. The Qivama is an important
resource in feminist thought and in discussions of Qur'anic teachings in
general. The resource value of Qivama in such discourses is that it is
interpreted as a mechanism for maintaining authoritarianism and supremacy.
Therefore, an attempt is made here to examine how the system of Qivama
has been understood in the traditions of Qur'an interpretation that have stood
over time.
It must be
understood fundamentally that medieval Qur'anic interpretations have given the
concept of Qivama a bewildering range of meaning, and that this essay is
not part of an attempt to polish the Islamic tradition of women in a patchwork
of relegating religious values to the framework of modern logic. It is childish
to assume that the classical Muslim Qur'an commentators who interpreted the Qivama
were all misogynists. They have succeeded in reading the elements of
authoritarian values in living environments and contemporary dominant
discourses into the universality of humanistic values of Islam. Consequently
they were instrumental in breaking away from the medieval rule of patriarchal
norms.
Definition
‘Zamakhsari’ was an Iranian scholar who lived in
the eleventh century and who fundamentally analysed the literary values of the
Qur'an. He makes it clear that a man should act in Qivama as a leader
acts towards his ranks and a king acts towards his subjects (Tafseer al-Kasaf).
The 13th-century Iranian scholar Al-Bailavi (Tafseer al-Bailavi) and the
19th-century Alusi (Ruhul Ma'ani) of Baghdad have explained the Qivama
with the same metaphors. The famous fourteenth-century Qur'anic commentator Ibn
Kathir explained the Qivama as the man who is the guardian of the woman,
superior to the woman, and entitled to take disciplinary action over the woman.
(Aleem in Tafseerul Qur'an). The modern commentator Wahba Suhaili (Atafseer
al-Munir) also presents the same idea about Qivama while retaining the
said expressions.
Muhammad
Abdu, a modernist scholar in Egypt, has envisioned Qivama as a male
leadership position in his Tafseer al-Manar. For this he uses the word Riasa
which means leadership. He dictates that the guided woman should follow the
decisions of the male protagonist. But this does not mean that the woman is
oppressed and denied the fundamental right to make decisions, and explains that
the role of the man inside the Qivama is only as a guide (irshad) and
observer (Muraqaba). Imam Qurtubi, who wrote a commentary on the Qur'an
in the field of ritual science, observed that the duty of working for the
improvement of the woman's life and protecting her from the evils of life is to
be performed by the man through Qivama (Al Jami'u Liahkamil Qur'an). Ibn
Ashur (Attahrir Watanweer), a Tunisian who lived in the 20th century, evaluates
the responsibility of the man in the Qiwama by putting the concept of
the protector of the woman in front. Like Qurtubi, he considers it a part of
protecting a woman to earn the necessities of life. One of the authoritative
voices of the eleventh-century Maliki madhhab, Ibn al-Arabi, understood the Qivama
as a system in which men and women shared rights with each other. In his
Ahkamul Qur'an, Ibn al-Arabi observes that duties performed individually by men
and women become rights of each other.
He
interprets it as the husband's responsibility to pay the wife's Mehr
(dower) and living expenses, to treat her in the most desirable manner, to keep
the marital relationship sacred and secure, to lead the woman to divine
thought, and to protect her husband's property, serve the family, and behave
according to his instructions in his absence. Ibn al-Arabi's explanation is
that mutual duties imply complementary rights at the same time. Mutawalli
Alsha'arawi, an Egyptian Mufassir who passed away in 1998, sees Qivama
as a system that covers all the women and men of the family, not limited to the
husband and wife. In his al-Qawathir, Sha'rawi, who gained fame both inside and
outside Egypt for his constant lectures on Qur'anic interpretation, criticizes
the downplaying of Qivama as a mechanism that works only between
couples.
Sharawi's
assessment is that fathers have an obligation to protect their children and
brothers have an obligation to protect their sisters. Sha'ravi also observes
that Qivama's desire is for men to guide women in all spheres, moral,
ethical and spiritual. He points to a verse in the Qur'an as evidence. In Sura
Tawaha, the 20th chapter of the Qur'an, there is an instance where Allah tells
Adam that he must protect himself and his fellow man from falling into the trap
of Iblis or else he will fail. Allah praises Prophet Adam as follows: ‘O Adam, he is an enemy of you
and your fellow man. Therefore, it should not be the case that he expels both
of you from heaven. If so, you will be a loser’.
Here Allah
is using the verb form of the Arabic grammar in the two persons of the enemy in
the expressions "the enemy of both of you" and "both of you will
be out". But only where it is used as a loser, the verb form is used to
address the individual/Adam only. Because, the interpretation given by Sha'rawi
is that the Qur'an was used in this way to show that the moral responsibility
of guiding the woman in a straight way should be carried out by the man.
‘Tafdeel
’: Is Man Better Than Woman?
‘Tafdeel
’ means natural preference of men over women. ‘Tafdeel ’ and ‘‘Infaq’
are introduced by the Qur'an as the two authentic key words that legally,
sociologically and familially validate Qivama. These are the adverbs of
the verb forms ‘Faddala’ and ‘Anfaqa’ respectively. The essence of this is that
the man has the right of control, protection and responsibility over the woman
as long as the two reasons of ‘Faddala’ (man is given innate ability
over woman in some matters) and ‘Anfaqa’ (man pays Mehr for the woman and
always finds a means of living) exist. Pickthall paraphrases ‘Faddala’.
Yusuf Ali's translation is ‘Has Given the One More Strong than Another’.
Imam Razi
understood the principle that men are superior to women in this way: Since God
commanded men to pay Mehr to women and take care of her livelihood, it
is the woman's right to receive Mehr and expenses in due time. Thus the
superiority of the inheritance to the male is settled by the right of the
female to dowry and expenses. Consequently the woman has no ultimate
superiority over the man or the man over the woman (Faqa Annama La Fallah
Albatah). (Mafatihul Ghayb. 10:90). Imam
Razi clarifies that it is remarkable that responsibilities such as Mehr
and living expenses are vested only on men, while men and women are equal
partners in terms of sexual satisfaction. Therefore, ‘Tafdeel ’ is the
excellence of man, Imam Razi ironically suggests that it should be understood
as a social responsibility rather than an exercise of power.
Shaarawi
develops this concept further. Both men and women experience sexual pleasure,
sexual satisfaction, and the consequent joy of procreation. But Sha'rawi's
explanation while describing ‘Tafdeel ’ is that the responsibility of the
family and children, which is a sociological product of this, is assigned only
to men. He also observes that no matter how wealthy a woman is personally, the
ultimate responsibility rests with the man. (Al-Qawathir). Both the man and the
woman experience the joy of the resulting fertility. But Sha'rawi's explanation
while describing ‘Tafdeel ’ is that the responsibility of the family and
children, which is a sociological product of this, is assigned only to men. He
also observes that no matter how wealthy a woman is personally, the ultimate
responsibility rests with the man. (Al-Qawathir).
In al-Bahr
al-Muheet, the prominent Qur'anic commentator Abul Hayyan al-Andalusi
represents a broader stream of Qiwama. That is, his argument is that not
all men in the world are superior to all women, and some men are superior to
some women, as it is a well-known fact that there are many women who are ten
times better than men in many areas of life. Then, he argues that the Qur'anic
statement that men are made superior to women is a relative reference, and the
definition of ‘Tafdeel ’ can change and gain scope depending on the
time-space-karma consideration. This explanation shows that ‘Tafdeel ’ is not a
principle which the Qur'an seeks to establish universally.
Moreover,
the Qur'an does not explicitly say that men or women are used to make some
people better than others. Andalusi's explanation is that the Qur'an uses such
ambiguous syntax to convey the idea that men and women are superior to each
other in various fields, rather than to suggest that all men are ultimately
superior to women. With this, it is evident here that al-Andalusi validates the
hermeneutical development of Tafdeel in the fourteenth century itself.
Imam
Qurtubi defines ‘Tafdeel ’ in such a way as to rule out even the subtle
possibility of making a woman a victim of exploitation. Qurtubi clarifies his
position with the comprehensive statement that the benefit of ‘Tafdeel ’
ultimately returns to the woman herself. In other words, there are no interests
in Tafdeel that exceed the woman's
protection. Qurtubi's view is that since men naturally have more physical and
mental capacity (Tafdeel ) than women, manhood cannot be achieved through
‘Tafdeel ’, which exceeds the natural justice of entrusting men with the
responsibility of interfering in public spaces that are naturally inaccessible
to women. Hence the understanding that Qivama is not a system of
absolute power but a system to liberate women from the worries of life's
complexities is changing.
Through
this reading, it is also possible to reach the meaning of Qivama that
the woman solves certain social duties that are generally inaccessible to men,
and the man solves some social duties that are generally inaccessible to women.
Qurtubi fundamentally rejects the validity of the concept of Tafdeel as the social security and cost of living of
women are not guaranteed. (Qur'an 5:169 in al-Jami'u li Ahkam). This rejection
of Qurtubi reinforces Imam Razi's Fa Kaannahu La Fadla Albatah (the fact
that men and women perform complementary duties and that ultimately one is not
superior to the other), and identifying with it. This view of Qurthwubi
has an extraordinary relevance as he is one of the prominent people who
interpreted the Qur'an from the basis of the philosophy of karma.
When
discussing ‘Tafdeel ’, it is also relevant to examine how Qur'anic commentators
interact with current scientific thought. Both Qurtubi and Razi agree that men
are superior to women in the areas of intelligence, physical ability, and
leadership. Razi and Qurtubi believe that the attributes of tenderness (Ruthubah)
and tenderness (Buroodah) are inherent in women and firmness (Yabusah)
and fervour (Hararah) in men. Because of this, it is also clear that the
arduous tasks such as taking care of livelihood are essentially assigned to
men. There is nothing anti-feminist to be found in this explanation other than
to read the difference between men and women in the light of existing scientific
consciousness.
Syed Qutb
is the prominent person who observed the complementary gender relations of Qivama
using some sociological criteria. The family is the most valuable social
institution in the process of making man, the most exalted being in the universe.
Sayyid Qutb argues that only the most suitable people should be selected to
take responsibility for the family, considering that only the most suitable
candidates are appointed as managers of economic, industrial and commercial
institutions that are relatively less important than the family (Fee lilalil
Qur'an. 2:650). Qutb's view is that the selection in question must be based
solely on the pure nature (fitrah) of man, as it is not rational to make it
accidental or random. The Qutb also clarifies the approach to ‘Tafdeel ’ where
it explains what the innate scents of pure nature are. Therefore, Qutb
understands that it is a manifestation of God's supreme justice to endow each
sex with the appropriate biological and psychological characteristics and skills
for the life situations they are likely to encounter. It can also be re-read as
a proof of God's supreme justice by assigning different roles and duties to men
and women based on the natural differences that Tafdeel validates.
Qutb is
very careful not to use negative phrasing regarding women as inferior to men,
as traditional Mufassirs have generally done in interpreting the
Qur'anic verse about Qivama. Instead, he uses it as a positive phrase
that one is superior to the other in terms of both sexes. It is observed that
women are superior to men in terms of gentleness, tenderness, and reacting to
problems in a superficial manner without going into more practical
considerations, and men are superior to women in qualities such as tactfulness,
spiritedness, and responding to problems with practical indifference. He uses
it as a positive phrase that one is superior to the other in terms of both
sexes. It is observed that women are superior to men in terms of gentleness,
tenderness, and reacting to problems in a superficial manner without going into
more practical considerations, and men are superior to women in qualities such
as tactfulness, spiritedness, and responding to problems with practical
indifference. He uses it as a positive phrase that one is superior to the other
in terms of both sexes. It is observed that women are superior to men in terms
of gentleness, tenderness, and reacting to problems in a superficial manner
without going into more practical considerations, and men are superior to women
in qualities such as tactfulness, spiritedness, and responding to problems with
practical indifference.
Ibn Ashur,
a North African scholar who made many seminal contributions to Islamic
jurisprudence in the 20th century, understood ‘Tafdeel ’ as a means of
protection for women. He argues that it is a fact of life that generations of
women need men to protect them, whether they are weak or strong (Attahrir Watanweer.
5:38). Ibn Ashur sees no other reason why Tafdeel is divine than the natural difference between
man and woman. However, it is notable that Qutb avoids the terms weak and
dependent that is prominent in medieval Tafsirs about women, and instead
emphasizes a single concept of natural characteristics (al-Masaya
al-Jibilliyyah).
Another
modern Qur'anic commentator, Wahba Suhaili, has developed the concept of
‘Tafdeel ’ using somewhat more medieval terminology. Wahba Suhaili attributes
to the man such attributes as flawless creation, perfect sense of smell,
perfect wisdom, balanced emotions, balanced body structure (Tafseerul Muneer).
He argues that these give superiority (Tafdeel ) to men over women. But Suhaili
does not see such adjectives as a means of dominating a woman. On the contrary,
he believes that it is because he is the bearer of the embodied nature that the
man is obligated to undertake the duties of woman's needs.
‘Infaq:
Fundamental Rights of Women
‘Infaq is
the financial role of men in the family. From the analysis so far, it can be
understood that ‘Tafdeel ’ is a broad concept that includes the innate
differences between men and women, the differences in appearance and character
expressed by both identities, and the different tasks (gender roles) that men
and women should undertake in the construction of society as a result of these
two. But ‘Infaq is a declaration of two fundamental rights of women which are
definite and absolute. The first is Mehr, and the second is the fulfilment of
living expenses (Nafaqa). At the same time both act as the
responsibility of the man and the fundamental right of the woman. Although the
ultimate responsibility to fulfil these lies with the man, the woman seizes the
power and the right to diminish the quantity and quality.
Judging the
interpretations of the Qivama through the lens of ‘Infaq, the economic
significance of the Qivama can be seen. Let us take Qurtubi's commentary
as an example. Qurtubi insists that if a man fails to establish and maintain
the woman's ways of life, he immediately loses his status as a woman's guardian
(Qawwam). (Al Jami'u li Ahkamil Qur'an, 5:169). From this it can be
judged that even the failure to engage in the economic sphere, which is only
one of the rhetorical scope of the concept of Qivama, cancels the man's
responsibility of Qivama towards the woman. That is, the principle put
forward by the Qur'an is that the existence of a man who does not have the
power to ensure the physical-psychological-social security of the woman and the
security of the family has no relevance or validity in the Qivama.
When it
comes to future property, the importance of the financial sphere of the Qivama
increases even further. According to the distribution theory of inheritance,
the primary rationale behind paying a man twice as much as a woman is that the
man has the full financial responsibility of the woman. Alusi, Razi and Wahba
Suhaili confirm this logic. Under Islamic law, except for this fundamental
difference in inheritance, women are free to make all other financial
transactions. And that the man has no power to usurp discretionary power to buy
or sell the wealth acquired or inherited by the woman.
But the
woman is also free to share the wealth with her husband according to the
exigencies of life's circumstances. Without understanding the Quranic
principles in the entirety of its principles, the feminists are seen to be
taking issue with women's share of inheritance. The Christian tradition treated
women as property without actually giving them power over their wealth. In the
Christian tradition where the wife was regarded as one of her husband's
property, her freedom to inherit was unthinkable. (Shareef Abdel Azeem, Woman
in Islam versus woman in Judeo Christian tradition: the myth and reality). It
must also be appreciated that it was only at the end of the sixteenth century
that women were given the right to inheritance in traditions outside the Muslim
world. (Mary F. Radford, the Inheritance Rights of Women under Jewish and
Islamic Law). It is from this background that the value and relevance of the
right of inheritance given to women by Islam in the 7th century must be
assessed.
The
explanation of Imam Tabari, one of the foremost scholars of the middle ages, is
quite remarkable in terms of delineating the economic sphere of Qivama.
He cites several explanations of the Prophet's followers without breaking the
chain of narrators to explain the Qivama based on ‘Tafdeel ’ and ‘Infaq.
(Jamiul Bayan, 3:2287).
However,
Tabari does not show the tendency to explore the meaning of Tafdeel as in post-Tabari commentaries. Rather, he
merely cites Ibn Abbas' explanation, which separates Tafdeel from other
interpretations and reduces it to a mere financial obligation. There is no
other meaning beyond ‘Infaq in the explanation of Ibn Abbas, who has the title
of Ra'iz al-Mufassireen (Foremost among the commentators). In other words, Ibn
Abbas observes that no man is superior to a woman except that he takes over the
financial burden of the woman.
Conclusion
As
mentioned earlier, the position of man in Qivama is non-authoritative,
complementary, and loving. Qivama should be understood as a
evangelically structured system to protect women's rights and women themselves
instead of a male-dominated system of authority.
It can be
assessed that men and women should follow each other in Qivama, whatever
democratic human values are followed by the leader and superiors who lead a
national system, office system or party when interacting with their colleagues.
Just as structural alignment for administrative convenience exists at
occupational levels, Qivama aims at the tenuous existence of the basic
social institution of the family.
It is
logical to judge that the family system that does not emphasize on human values
such as harmony, mercy, love, friendship, dependency, and justice is not
relevant in Qivama, just as other exploitative tendencies beyond
administrative convenience are not relevant at job levels. Moreover, it must
also be read that family systems, which radical feminists view as systems of
male authority at the micro and macro levels, cannot enter the meaning of Qivama
in any way. Islam does not support patriarchal local customs.
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A
regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic
Studies at Jamia Millia Islamia and freelance journalist.
URL: https://newageislam.com/the-war-within-islam/female-male-islam-qawwamoon-qivama/d/128110
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