Reinterpreting Qiwāmah in Marital Relations: A Socio-Legal Analysis of Egalitarian Practices in Muslim Society

Hasballah Thaib, Zamakhsyari (2026) Reinterpreting Qiwāmah in Marital Relations: A Socio-Legal Analysis of Egalitarian Practices in Muslim Society. AL-MIZAN: JURNAL HUKUM ISLAM DAN EKONOMI SYARIAH, 13 (1). pp. 14-28. ISSN 2807-7695

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Abstract

This study examines the reinterpretation of qiwāmah in husband–wife relations through a socio-legal approach by investigating egalitarian practices emerging in contemporary Muslim communities. While classical Islamic jurisprudence generally conceptualizes qiwāmah as male leadership within the family, this research explores how changing social conditions have reshaped its practical implementation. Employing a qualitative socio-legal methodology, the study analyzes the interaction between Islamic legal norms and evolving social practices. The findings reveal that egalitarian marital practices are expressed not through the elimination of family leadership but through joint decision-making, flexible arrangements for economic and domestic responsibilities, and negotiated role-sharing based on competence and collective welfare. The principal contribution of this research is the identification of a “contextual-partnership qiwāmah” model, in which qiwāmah is reconstructed as collaborative responsibility, moral accountability, and reciprocal protection between spouses rather than unilateral authority. This model demonstrates that egalitarian marital relations can coexist with the foundational Islamic values of justice, public welfare (maṣlaḥah), and mu‘āsharah bi al-ma‘rūf. Accordingly, the study contributes not only to the conceptual reinterpretation of qiwāmah but also to the development of a socio-legal framework that bridges normative Islamic teachings and contemporary marital realities, offering a more adaptive, context-sensitive, and equitable perspective for the advancement of Islamic family law

Item Type:	Article
Subjects:	B Philosophy. Psychology. Religion > BL Religion B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc B Philosophy. Psychology. Religion > BV Practical Theology > BV1460 Religious Education K Law > K Law (General)
Divisions:	Fakultas Agama Islam > S1-Pendidikan Agama Islam
Depositing User:	Dr. Zamakhsyari Bin Hasballah Thaib
Date Deposited:	30 Jun 2026 05:31
Last Modified:	30 Jun 2026 05:31
URI:	http://repository.dharmawangsa.ac.id/id/eprint/813

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