Woman in Islamic Shari‘ah
6. The Rights of Husband and Wife
~ 129 ~
responsibility, that of a man being the upkeep of his
wife.
In the home, man is the protector (the head). This is
because man is by birth the stronger sex in the
physical sense. This in no way means that he is
superior to woman in the absolute sense. Whatever
superiority he has relates only to those traits which
make a man deserving of the office of maintainer.
The wording of the above mentioned verse (4:34)
means that everyone is superior to others in some
particular respect. The distinguishing features
required for becoming a maintainer
(qawwam)
are
more numerous in men than in women, that is why
he has been selected as the
qawwam
of the house.
Conversely, the distinguishing features required for
maintaining the home, for the bringing up and
training of new generations are more numerous in
women than in men. It is due to this kind of
superiority in women that they have been entrusted
with the internal affairs of the home.
A woman has a legal right to maintenance, which
devolves upon her husband. If he fails in this
regard, the woman can receive it through the court.
