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

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 d...

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Main Authors: Samza Fatima, Dr Abida Hassan, Dr Muhammad Bilal
Format: Article
Language:Arabic
Published: Research Gateway Institute 2022-06-01
Series:دی اسکالر
Online Access:https://siarj.com/index.php/Siarj/article/view/334
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author Samza Fatima
Dr Abida Hassan
Dr Muhammad Bilal
author_facet Samza Fatima
Dr Abida Hassan
Dr Muhammad Bilal
author_sort Samza Fatima
collection DOAJ
description 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.
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publishDate 2022-06-01
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series دی اسکالر
spelling doaj-art-321629bd0bbb47c59b6eee2d253ab0972025-08-20T02:07:39ZaraResearch Gateway Instituteدی اسکالر2413-74802617-43082022-06-0181ENGLISH-THE ISSUE OF QAWAMAH IN TRADITIONAL AND MODERN LEGAL DISCOURSESamza Fatima0Dr Abida Hassan1Dr Muhammad BilalAssistant Professor of Law, BZ University, Multanisiting Professor of Law University of Management & Technology, Lahore 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. https://siarj.com/index.php/Siarj/article/view/334
spellingShingle Samza Fatima
Dr Abida Hassan
Dr Muhammad Bilal
ENGLISH-THE ISSUE OF QAWAMAH IN TRADITIONAL AND MODERN LEGAL DISCOURSE
دی اسکالر
title ENGLISH-THE ISSUE OF QAWAMAH IN TRADITIONAL AND MODERN LEGAL DISCOURSE
title_full ENGLISH-THE ISSUE OF QAWAMAH IN TRADITIONAL AND MODERN LEGAL DISCOURSE
title_fullStr ENGLISH-THE ISSUE OF QAWAMAH IN TRADITIONAL AND MODERN LEGAL DISCOURSE
title_full_unstemmed ENGLISH-THE ISSUE OF QAWAMAH IN TRADITIONAL AND MODERN LEGAL DISCOURSE
title_short ENGLISH-THE ISSUE OF QAWAMAH IN TRADITIONAL AND MODERN LEGAL DISCOURSE
title_sort english the issue of qawamah in traditional and modern legal discourse
url https://siarj.com/index.php/Siarj/article/view/334
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AT drabidahassan englishtheissueofqawamahintraditionalandmodernlegaldiscourse
AT drmuhammadbilal englishtheissueofqawamahintraditionalandmodernlegaldiscourse