Muslim legal tradition does not treat men and women equally. The assumption at the root of this unequal treatment is that men are, and should be, in charge of women. This assumption is encapsulated in two legal concepts that place women under male guardianship. These are Qiwamah, which denotes a husband’s authority over his wife; and wilayah, which denotes the right and duty of male family members to exercise guardianship over female members.
These concepts, as constructed by classical jurists and reflected in current laws and practices, have played and continue to play a central role in institutionalizing, justifying and sustaining gender inequality in Muslim contexts. Behind these laws and practices lies an ancient idea: Men are strong, they protect and provide; women are weak, they obey and must be protected.
Defenders of male authority frequently invoke Qur’anic verse 4: 34 as their main textual evidence:
