Egalitarian Marital Life: A Quranic Perspective

By V.A. Mohamad Ashrof, New Age Islam 14 July 2025 Abstract: This paper critically examines the pervasive influence of patriarchal interpretations of qiwamah (male authority) and wilayah (male guardianship) on Muslim family law frameworks. It argues that these concepts, as traditionally understood, are not inherent divine injunctions but rather human-derived constructs reflecting historical patriarchal norms. Through a Quranic hermeneutical lens, this paper deconstructs these traditional interpretations, highlighting their departure from the Quran's more pervasive ethical principles of equality, justice ('adl), love (mawaddah), compassion (rahmah), and mutual respect (ihsan). By analysing key Quranic terms and verses, including the often-misinterpreted verse 4:34 and the broader contexts of qawwamun (4:135, 5:8) and awliya' (9:71), the paper proposes an egalitarian model of marriage. This model is grounded in the Quran's core values, such as the creation of humanity from a single soul (nafs wahida), the concept of marriage as a solemn covenant (mithaq ghaliz) and a source of tranquillity (sakan), and the shared responsibility of believers to uphold good (ma'ruf). The paper further explores the detrimental consequences of patriarchal interpretations on family stability and individual well-being, drawing on real-life examples, and advocates for a reinterpretation that fosters equitable family relations, aligning with the holistic ethical vision of the Quran and the objectives of Islamic law (maqasid al-Shariah). The quest for gender equality within Muslim societies often confronts significant challenges embedded within traditional Muslim family law. Many of these laws, which dictate crucial aspects of personal status, marriage, divorce, and inheritance, are profoundly shaped by classical Islamic jurisprudence. Central to this jurisprudence are two pivotal concepts: qiwamah, generally interpreted as a husband's authority over his wife, and wilayah, understood as male guardianship over female family members. These interpretations have historically underpinned a hierarchical marital structure, contributing to unequal treatment and power imbalances between men and women. This paper contends that a critical re-examination of qiwamah and wilayah through a Quranic hermeneutical perspective reveals that their traditional, hierarchical applications are not immutable divine commands. Instead, they are predominantly human-derived constructs, deeply influenced by the patriarchal socio-cultural norms prevalent during the formative periods of Islamic jurisprudence. This perspective advocates for an understanding of marital life rooted in the Quran's overarching ethical principles—namely equality, justice ('adl), love (mawaddah), compassion (rahmah), mutual respect (ihsan), and shared responsibility. The persistent challenge lies in moving beyond interpretations that have become entrenched over centuries. Verses such as 4:34, often cited to support male authority, have been subjected to narrow readings that isolate them from the broader Quranic ethos of justice and mutuality (e.g., 4:135, 5:8, 9:71). This paper aims to deconstruct the historical development and interpretive underpinnings of traditional notions of qiwamah and wilayah. It will then present a Quranic ethical framework that supports an egalitarian vision of marriage, explore the negative impacts of patriarchal interpretations, and finally, propose a re-interpretive approach that aligns with the Quran's call for a just, compassionate, and mutually supportive marital life. By doing so, it seeks to contribute to the ongoing efforts to reform Muslim family laws and practices, making them more congruent with the Quranic spirit of equity and human dignity (karamah). Deconstructing Traditional Interpretations of Qiwamah The concept of qiwamah is arguably one of the most contentious in discussions surrounding gender relations in Islam. It is widely, and often reductively, understood to signify a husband's inherent authority and leadership over his wife, coupled with his responsibility to provide for and protect her, in exchange for her obedience and sexual availability. This interpretation has profound and far-reaching implications for marital dynamics, frequently legitimizing a power imbalance that disadvantages women. A crucial starting point for deconstruction is linguistic. The abstract noun qiwamah itself is not found in the Quran. It is an extrapolation, a juristic construct derived from the active participle qawwamun (singular Qawwam, plural qawwamin), which appears only three times in the Quran. Of these three instances, only one, verse 4:34 (“Men are qawwamun over women by what God has favoured one over the other and by what they spend from their wealth...”), directly pertains to the spousal relationship. The other two instances (4:135: “O you who have believed, be persistently Qawwamun in justice, witnesses for God…” and 5:8: “O you who have believed, be persistently Qawwamun for God, witnesses in justice…”) use the term to exhort all believers, irrespective of gender, to be steadfast upholders of justice and fairness in all matters. This broader Quranic usage strongly suggests a meaning centred on responsibility for justice and equity rather than gendered authority. Classical jurists, however, heavily relied on verse 4:34 to define marriage primarily as a contract establishing reciprocal, albeit unequal, obligations. The husband's duty of financial provision (Mahr and Nafaqa) was posited in return for the wife's sexual availability (tamkin or ta‘a) and general obedience, which often included severe restrictions on her movement and autonomy. This "men provide, women obey" paradigm, rooted in a specific reading of 4:34, was subsequently extended beyond the marital sphere to justify broader male authority in society. The historical trajectory of this interpretation is significant. Around the 10th century CE, the influential exegete al-Tabari (d. 923 CE) played a key role in shifting the understanding of Qawwamun. What might have initially been understood by some as a descriptive observation of familial structures prevalent in 7th-century Arabia—where men were often the primary economic providers due to socio-economic conditions—was transformed by al-Tabari and subsequent jurists into a prescriptive, divinely ordained ideal for all times and places. This cemented a hierarchical model of marriage. Following al-Tabari, prominent jurists and exegetes such as al-Zamakhshari (d. 1144 CE), al-Qurtubi (d. 1273 CE), al-Baidawi (d. 1286 CE), and Fakhr al-Din al-Razi (d. 1210 CE) further entrenched this hierarchical understanding of qiwamah. Their arguments frequently cited perceived male superiorities to bolster their interpretations. These justifications were diverse, ranging from men being exclusively chosen for prophetic roles and imamate leadership to supposed superior intellect and reasoning capabilities, and even physical attributes like the ability to grow a beard. The discourse surrounding gender became heavily skewed towards an assumption of male rulership and inherent female inferiority, particularly in intellectual and religious discernment. Between the 14th and 16th centuries, this interpretation evolved further. Jurists like Ibn Kathir (d. 1373 CE) and al-Suyuti (d. 1505 CE) expanded the scope of qiwamah by explicitly linking it to the concept of Darajah (degree or level of precedence), mentioned in verse 2:228 (“…And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a darajah over them…”). While modern scholarship often interprets this darajah in the context of divorce responsibilities (as the verse primarily discusses divorce), traditional exegesis often generalized it to mean overall male superiority. Furthermore, certain ahadith (prophetic traditions), many of which are considered to have weak chains of transmission (da'if) or are open to alternative interpretations, advocating for a wife's near-absolute obedience to her husband, were selectively incorporated into the exegesis of verse 4:34. This interpretive move effectively transformed qiwamah from being primarily an obligation of financial support incumbent upon men into a generalized, inherent male privilege applicable across all times and socio-economic contexts. Even in the modern era, influential thinkers have contributed to this interpretive trajectory. Scholars such as Muhammed ‘Abduh (d. 1905), despite his reformist leanings in other areas, Sayyid Qutb (d. 1966), and Muhammad Mitwalli al-Sha‘rawi (d. 1998), introduced or reinforced ideologies of domesticity and distinct gender roles based on a concept of women's fitrah (supposed inborn nature). These ideologies, integrated into the framework of qiwamah, further solidified the idea of separate spheres and often unequal responsibilities and rights for men and women within marriage. The critical oversight in this long history of interpretation has been the consistent marginalization of the other two Quranic instances where forms of qawwamun appear. Verses 4:135 and 5:8, as noted, command all believers to be qawwamin bi-l-qist (upholders of justice) and qawwamin li-Llah shuhada bi-l-qist (upholders for God, witnesses in justice). If qawwamun in these verses signifies a profound responsibility for maintaining justice and equity in society, applicable to both men and women, then its application in 4:34 must be re-evaluated. A holistic reading suggests that if men are described as qawwamun over women in a specific context (like financial provision in a particular socio-economic setup), it should imply a responsibility to ensure justice and well-being for women, not a license for domination or unilateral authority. Revisiting the Concept of Wilayah Similar to qiwamah, the concept of wilayah has been instrumental in establishing and maintaining male authority within Muslim family structures. Traditionally, wilayah is understood as the right and duty of male family members (fathers, grandfathers, brothers, uncles) to exercise guardianship over female family members, particularly in matters of marriage, but also extending to other aspects of their lives. This notion has been used to justify male control over women's choices and to limit their legal and social autonomy. However, a careful examination of the Quranic text reveals a more nuanced and less hierarchical understanding of wilayah and its related terms. While the term wilayah and its cognates (Wali, Awliya', Mawla) appear frequently in the Quran in various forms, they are never explicitly employed to endorse male guardianship over adult, competent women in the absolute, hierarchical sense constructed by classical jurists. Instead, the Quranic usage of these terms often points towards themes of mutual support, assistance, alliance, friendship, protection, and mutual reinforcement, frequently for the purpose of upholding justice and enjoining what is good. A powerful and often-cited example by reformist scholars is verse 9:71: "The believing men and believing women are Awliya' (allies, protectors, supporters) of one another. They enjoin what is right (al-ma'ruf) and forbid what is wrong (al-munkar), establish prayer, give zakah, and obey God and His Messenger. Those – God will have mercy upon them. Indeed, God is Exalted in Might and Wise." This verse clearly establishes a relationship of reciprocal support and shared responsibility between believing men and women, fundamentally challenging the notion of unilateral male guardianship. The term wali (plural awliya') is used in the Quran as an attribute of God (e.g., "God is the Wali of those who believe" - 2:257), signifying His protection and support. When applied to human beings, it often connotes 'friend,' 'ally,' 'protector,' or 'supporter,' rather than a 'guardian' in the legalistic, hierarchical sense. For instance, verses like 4:75 speak of the oppressed asking God for a wali and a nasir (helper) from Him. It is striking that none of the Quranic verses upon which classical jurists primarily based the doctrine of male guardianship (ijbar – the right of a guardian to contract a marriage for his ward, sometimes even against her will) explicitly use the term wilayah to denote this specific, gender-hierarchical authority. For example, verses frequently cited to establish male guardianship in marriage (e.g., a father's wilayah over his daughter) or in matters of divorce, such as 2:232 ("And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis...") and 2:237 ("...And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified – unless they [the women] forgive or he in whose hand is the knot of marriage forgives..."), are fundamentally concerned with ensuring fairness, preventing coercion against women, and protecting their interests during these critical life transitions. They do not inherently establish an absolute and overarching male authority that negates a woman's agency. Q.2:232, for instance, cautions men against obstructing women from marrying partners of their choice based on Ma’ruf (good custom/mutual agreement), which can be read as a protection of women's agency rather than a mandate for male control. Furthermore, the instruction in verse 9:71 for believing men and women to be awliya' of one another, actively cooperating in promoting ma'ruf (what is commonly known to be good and just) and forbidding munkar (what is evil or unjust), strongly suggests a partnership model rather than a hierarchical one. This call to promote ma'ruf is a shared civic and religious responsibility, addressed equally to men and women, as evidenced in numerous other verses like 3:104 ("And let there be [arising] from you a nation inviting to [all that is] good, enjoining what is right and forbidding what is wrong, and those will be the successful."), 3:110, 9:112, and 22:41. This shared moral agency directly contradicts interpretations of wilayah that render women perpetual wards of men. Thus, the Quranic concept of wilayah, when viewed holistically, emphasizes mutual support, cooperation for righteousness, and protection of the vulnerable. The juristic narrowing of wilayah to mean primarily male authority over women appears to be a selective interpretation, privileging certain readings and social customs over the broader, more egalitarian implications of the term as used in the Quran. Consequences of Patriarchal Interpretations The enduring legacy of these jurist-derived, patriarchal interpretations of qiwamah and wilayah is starkly evident in many contemporary Muslim family laws and social practices across diverse Muslim-majority and minority contexts. These laws are often a complex amalgamation of classical juristic thought (itself diverse but often selectively applied), colonial-era legal impositions that codified certain interpretations, and detrimental local customs, all of which frequently converge to perpetuate notions of male superiority and authority. The consequences are far-reaching, deeply impacting the lives of women, men, children, and the overall health of the family unit and society. 1. Unequal Legal Rights and Decision-Making: Men are often legally presumed to be heads of households, regardless of their actual contributions to provision or protection. This presumption translates into greater legal authority in family matters. Women's substantial financial contributions (often unacknowledged or underestimated) and non-financial contributions (such as care work, household management, and emotional labor, which are vital for family well-being) frequently do not translate into commensurate legal rights or decision-making autonomy within the family. 2. Restricted Mobility and Autonomy: Based on notions of male qiwamah (as control) and wilayah (as guardianship), women in many contexts face restrictions on their freedom of movement. They may require permission from husbands or male guardians to leave the home, travel (even domestically), pursue education or employment, or obtain essential documents like passports. Access to healthcare, particularly specialized medical services or reproductive health services, can also be contingent on the presence or approval of a male guardian. 3. Conditional Maintenance: A wife's right to maintenance (nafaqah) from her husband, a cornerstone of the traditional qiwamah framework, can often be forfeited if she is deemed guilty of nushuz. Nushuz is commonly interpreted broadly as disobedience, rebellion, or recalcitrance, which can include leaving the marital home without permission or refusing sexual relations. This further reinforces the obedience-for-sustenance model, placing women in a vulnerable and dependent position. 4. Early and/or Forced Marriage: The concept of male guardianship (wilayah al-ijbar in some schools of thought) can empower male family members (fathers or grandfathers) to contract marriages for minor female wards, sometimes without their explicit consent or even against their will. Young women may be coerced into early marriages, curtailing their educational aspirations, economic opportunities, and personal development, and leading to severe negative impacts on their physical and psychological well-being. 5. Unequal Divorce Rights: Husbands often possess the unilateral right to divorce (talaq) without needing to provide substantive reasons, secure their wife's consent, or even, in some unregulated contexts, inform her in a timely manner. Women, conversely, typically face more restrictive and arduous avenues for seeking divorce. They may need to prove specific grounds (like harm or abandonment), involve lengthy judicial processes, or make significant financial concessions (as in khul', where a wife may have to return her dower or pay compensation to secure a divorce). 6. Unequal Custody and Guardianship of Children: While mothers are often granted physical custody (hadanah) of young children, particularly daughters, legal guardianship (wilayah 'ala al-nafs or wilayah 'ala al-mal)—which includes decision-making power regarding a child's education, medical treatment, travel, legal documentation, and financial affairs—often remains with the father or, in his absence, other male relatives. This can create immense difficulties for mothers in raising their children and making critical decisions for their welfare. 7. Barriers to Public and Professional Roles: The underlying logic of male guardianship and a historically constructed perception of women's diminished legal capacity or primary domestic role can lead to women being barred from certain professions (e.g., judgeships in some countries), their testimony potentially carrying less weight than a man's in certain court cases, or their participation in political, economic, and public spheres being limited or discouraged. 8. Workplace Discrimination: Working women may not receive the same benefits, pay, or opportunities for advancement as their male colleagues. This is often due to an underlying assumption that women are, or should be, financially supported by husbands or fathers, rendering their income secondary or supplementary. 9. Sexual and Physical Violence within Marriage: Marital rape may not be criminalized, or even recognized as a violation, with marital sexual relations often framed as an inherent husband's right and a wife's non-negotiable duty stemming from the concept of ta'a (obedience). Furthermore, some interpretations of verse 4:34, particularly the phrase wadribuhunna (often translated as "strike them" or "beat them lightly"), have been used to legitimize a husband's right to 'discipline' a 'disobedient' (nashiz) wife, provided the harm is not deemed 'severe'—a notion that directly contradicts Quranic injunctions against harm and oppression. Such patriarchal interpretations and their legal and social manifestations fundamentally undermine family stability and individual well-being. While women bear the most direct and severe consequences, these hierarchical models also negatively affect men. They may struggle under the immense pressure and often unrealistic expectation of being sole providers, leading to anxiety, stress, feelings of inadequacy, and marital conflict. It can also deter men from marrying or discourage them from taking active, nurturing roles in childcare and household management, thereby depriving both fathers and children of profound relational bonds and experiences. Furthermore, children raised in environments marked by unequal, unjust, and potentially abusive parental relationships may internalize distorted models of marriage and gender roles, perpetuating these cycles into future generations, contrary to the Quranic vision of a family built on love, tranquility, and justice. Fundamentally, laws and practices based on these traditional understandings of qiwamah and wilayah fail to treat women as equal human beings with inherent dignity and agency. This not only infringes upon universal human rights principles and often violates constitutional guarantees of full and equal citizenship in many modern nation-states, but, more importantly from an Islamic perspective, it undermines core Quranic principles. These include the profound affirmation of the equal spiritual and human worth of all humans, created from a single essence (nafs wahida, e.g., 4:1, 7:189, 39:6), and the unwavering emphasis on values such as 'adl (justice), ihsan (beauty, goodness, excellence in conduct), and karamah (dignity) in all human interactions, especially within the sacred bond of the family. Such inequalities prevent women from realizing their full God-given potential in spiritual, intellectual, social, political, and economic spheres. The human impact of these interpretations is palpable, as chronicled in numerous studies and initiatives, such as Musawah’s Global Life Stories Project (referenced in "Women’s Stories, Women’s Lives," 2016). Narratives from diverse contexts illustrate these consequences vividly: • Nasibah from Iran experienced the restrictive power of paternal wilayah when her father denied her the right to marry her chosen partner, showcasing how male control can override individual autonomy in fundamental life decisions. • Sultana from Bangladesh, forced into child marriage, endured abuse and the foreclosure of her educational and personal development, a direct outcome of patriarchal norms prioritizing early marriage for girls under male guardianship. • Sinta from Indonesia suffered domestic violence, initially feeling silenced by shame and societal expectations, but later found her voice to advocate against such abuse, highlighting the psychological trauma and the struggle for justice within hierarchical marital structures. • Lila from Canada endured marital rape, initially believing it was her religious duty to submit, a tragic consequence of misinterpretations of qiwamah that frame sexual access as a husband's entitlement rather than a matter of mutual consent and affection. • Nadia from Egypt, the primary breadwinner in her family, still faced financial abuse and neglect from her husband, powerfully challenging the myth of the universal male provider that underpins traditional qiwamah while simultaneously demonstrating how the concept can be abused even when its material premise is absent. • Rashida from Nigeria faced arduous social and legal barriers in her quest to obtain a divorce from an untenable marriage, reflecting the systemic inequalities in divorce rights that disadvantage women. These stories, and countless others, underscore how interpretations of qiwamah and wilayah that institutionalize male authority and female subordination perpetuate injustice and suffering, directly contradicting the Quran’s overarching ethical vision of compassion, justice, and mutual well-being in human relationships. Towards an Egalitarian Quranic Vision of Marital Life The assertion that male authority over women and a marital model predicated on female obedience in exchange for male provision and protection are divinely mandated and immutable cannot be sustained by a holistic, ethically consistent, and contextually aware reading of the Quran. The concepts of qiwamah and wilayah, as commonly interpreted and enforced to establish male dominance, are largely products of human interpretation (ijtihad), shaped by specific historical, social, and cultural contexts, rather than being explicit, unalterable Quranic decrees. The Quran itself offers a wealth of profound ethical principles that can and should form the bedrock for an egalitarian model of marriage and family relations. These principles, when prioritized, paint a picture of marriage as a partnership based on mutual respect, shared responsibility, and profound emotional and spiritual connection: • Mawaddah wa Rahmah (Love and Compassion): Verse 30:21 is central: "And of His signs is that He created for you from yourselves mates that you may find tranquility (li-taskunu ilayha) in them; and He placed between you affection (mawaddah) and mercy (rahmah). Indeed, in that are signs for a people who give thought." This verse highlights that the divine purpose of marriage is for spouses to find tranquility, love, and compassion in each other, signifying a relationship of deep emotional connection and mutual empathy, not hierarchy. • Ihsan (Beauty, Goodness, Excellence): This comprehensive ethical principle calls for treating each other with the utmost kindness, fairness, excellence in conduct, and striving for the best in all dealings. The Quran enjoins ihsan in various contexts (e.g., 2:195, 4:36, 16:90), and it is eminently applicable to the marital relationship, demanding more than just the fulfillment of minimal legal duties. • Ma‘ruf (What is Commonly Known to be Good and Just): The Quran repeatedly enjoins spouses to live together bi-l-ma'ruf (e.g., 2:229: "retain them in ma'ruf or release them in ma'ruf"; 4:19: "And live with them in ma'ruf"). Ma'ruf implies fairness, kindness, equity, and adherence to good and just social customs that evolve with societal understanding of justice. It is a dynamic concept that should reflect the highest ethical standards of a given time and place. • Sakan (Resting Abode, Tranquility, Comfort): As mentioned in 30:21 and also in 7:189 ("It is He who created you from a single soul and made from it its mate that he might dwell in serenity [li-yaskuna ilayha] with her"), marriage is described as a source of mutual tranquility, peace, and emotional comfort, suggesting a peaceful, secure, and supportive partnership where both spouses find solace in each other. • Mithaq Ghaliz (Solemn Bond/Covenant): Verse 4:21 describes marriage as a mithaq ghaliz, a "solemn covenant." This elevates marriage beyond a mere contract of exchange; it signifies its seriousness and the profound mutual commitments, trust, and responsibilities involved, far removed from a master-servant or owner-property dynamic. • 'Adl (Justice) and Qist (Equity/Fairness): These are overarching Quranic imperatives, fundamental to the Islamic worldview and applicable to all human relationships, including and especially marriage (e.g., 4:135, 5:8, 16:90). A just marital relationship requires equitable distribution of rights, responsibilities, and power. • Tashawur (Mutual Consultation): The principle of consultation in family affairs is explicitly encouraged (e.g., 2:233 in the context of weaning a child: "...if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them"). This promotes joint decision-making and shared governance within the family, rather than unilateral authority. Verse 42:38 also praises believers "whose affair is [determined by] consultation among themselves." • Taradi (Mutual Consent/Satisfaction): Decisions, particularly in financial matters, marital agreements, and reconciliation, should ideally be based on mutual agreement and satisfaction (e.g., 2:233 regarding weaning, 4:24 regarding dower: "...if you agree mutually among yourselves after the obligation, there is no blame upon you."). This principle underscores the importance of agency and willing agreement in marital interactions. • Nafs Wahida (One Soul/Essence): The Quran emphasizes that all humanity, male and female, originates from a single source or essence (nafs wahida) (e.g., 4:1: "O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women..."; see also 7:189, 39:6). This foundational concept underscores the inherent equality of men and women in their creation, human worth, and spiritual potential. • Karamah (Dignity): The Quran affirms that God has honored (karramna) the children of Adam (17:70). This inherent human dignity applies equally to men and women and must be upheld and protected in all human relations, particularly within the family. Any interpretation or practice that demeans or subjugates one spouse to another violates this principle of God-given dignity. These ethical concepts collectively provide a robust and compelling framework for constructing egalitarian family laws and fostering social practices that enable all family members to thrive and live in genuine harmony and mutual respect. Reconsidering qiwamah and wilayah through the lens of these foundational Quranic values, and employing the dynamic tools of Islamic ethico-legal theory (usul al-fiqh), particularly the objectives of Shari'ah (Maqasid al-Shari'ah such as justice, compassion, preservation of family, and protection of human dignity), is not merely an intellectual exercise or an option but an urgent moral and religious necessity. Reforming Family Laws and Practices: An Egalitarian Path Forward Embracing an egalitarian vision of marital life necessitates a profound re-evaluation and reform of existing family laws and social norms that are built upon hierarchical interpretations of qiwamah and wilayah. This re-interpretive project must be grounded in the Quran's overarching ethical principles and utilize the methodologies of usul al-fiqh to prioritize justice, equity, and human dignity (maqasid al-Shari'ah). 1. Reinterpreting Qiwamah: The term qawwamun in 4:34, when read in conjunction with 4:135 and 5:8 (which call all believers to be qawwamin in justice), should be understood not as inherent male authority, but as a functional responsibility. In its historical context, it likely referred to men's common role as primary financial providers. In contemporary contexts where women also contribute financially, or are sole providers, or where provision is shared, the concept must evolve. Qiwamah should be reinterpreted as a mutual responsibility of both spouses to uphold the well-being, justice, and sustenance of the family unit, according to their respective capacities and mutual agreement. It implies a duty of care and support, not a right to dominate. The linkage of qiwamah to darajah (degree) in 2:228 must be contextualized. The verse primarily discusses divorce procedures and the man's specific responsibilities therein (e.g., not expelling the wife from home during 'iddah, financial obligations). It should not be generalized into an all-encompassing male superiority in all aspects of marital life. 2. Reinterpreting Wilayah: The Quranic concept of awliya' as seen in 9:71 ("The believing men and believing women are awliya' of one another...") provides the primary model: mutual support, alliance, and cooperation for good. Wilayah in marriage should mean mutual support and protection of each other's rights and well-being. For vulnerable individuals (minors or those legally incompetent), guardianship should aim at protecting their best interests, not controlling them, and should not be exclusively male. Adult, competent women possess full legal agency and do not require male guardians for marriage or other life decisions. Verses like 2:232, far from mandating male control, can be read as protecting a woman’s right to choose her spouse if the choice is based on ma'ruf (goodness and mutual consent). 3. Concrete Legal and Social Reforms: To translate this egalitarian vision into reality, family laws and practices must undergo significant reform: Mutual Responsibilities and Rights: Laws must recognize marriage as a partnership of equals, valuing both financial and non-financial contributions (care work, household management) of both spouses. Decision-making should be shared. Equal Divorce Rights: Grounds and procedures for divorce should be equitable for both men and women, ideally requiring mutual consent or judicial oversight for all forms of divorce to prevent abuse and ensure fairness in post-divorce arrangements. Full Autonomy for Women: Women must have the unequivocal right to mobility, education, employment, and control over their own earnings and property without requiring permission from a husband or male guardian. Criminalization of Marital Violence: All forms of domestic violence, including marital rape and physical, emotional, and financial abuse, must be explicitly criminalized and prosecuted, aligning with Quranic principles of ihsan, rahmah, and the prohibition of harm (la darar wa la dirar). Shared Custody and Guardianship of Children: Laws should promote shared parental responsibility for both physical custody (hadanah) and legal guardianship (wilayah) of children, prioritizing the child's best interests and acknowledging both parents' capabilities and contributions. Promoting Consultation and Consent: Family dispute resolution mechanisms and marital counseling should emphasize tashawur (mutual consultation) and taradi (mutual consent) as foundational Quranic principles for decision-making, as highlighted in verses like 42:38 and 4:19. Educational Initiatives: Public education campaigns, sermons (khutbahs), and religious education curricula must actively promote these egalitarian interpretations, highlighting Quranic ethics of justice, compassion, and mutual respect in marriage. This involves challenging deeply ingrained patriarchal cultural norms that are often falsely attributed to religious doctrine. Engagement of Religious Leaders and Scholars: It is crucial for religious leaders, scholars, and Islamic jurists to engage critically with classical jurisprudence and advocate for interpretations rooted in the Quran's holistic message of justice and equality. They have a vital role in legitimizing and disseminating reformist perspectives. By undertaking such reforms, Muslim societies can foster family environments that truly reflect the Quranic ideals of sakan (tranquillity), mawaddah (love), and rahmah (compassion), allowing all individuals—women, men, and children—to flourish and reach their full God-given potential. Embracing Equality and Mutual Support The Quran, when read holistically and with a commitment to its core ethical principles, offers a profound vision of marital life based on equality, mutual respect, love, compassion, and justice. The traditional, hierarchical interpretations of qiwamah and wilayah, which have historically granted men authority over women and shaped many Muslim family laws, are not immutable divine decrees but rather human constructs forged in specific patriarchal socio-historical contexts. These interpretations have often led to systemic gender inequity, restricting women's rights and agency, and undermining the well-being of families. A Quranic hermeneutical perspective demands a critical deconstruction of these inherited patriarchal notions. It calls for a re-engagement with the sacred text that prioritizes its overarching values: the inherent dignity (karamah) and equal worth of all human beings created from a single soul (nafs wahida); the imperative of justice ('adl) and equity (qist) in all dealings; the nature of marriage as a solemn covenant (mithaq ghaliz) built on love (mawaddah), compassion (rahmah), and tranquility (sakan); and the shared responsibility of all believers, men and women, to be awliya' of one another, enjoining good (ma'ruf) and forbidding evil. By reinterpreting qiwamah as mutual responsibility and wilayah as mutual support and alliance, and by centering marital life on the rich ethical framework provided by the Quran, it is possible to develop family laws and foster social practices that are truly egalitarian. This transformative shift is essential not only for achieving gender justice but also for enabling Muslim families to thrive in harmony, security, and mutual flourishing, thereby fulfilling the deepest aspirations of the Quranic message for humanity. Such a re-evaluation is an intellectual, ethical, and spiritual imperative for contemporary Muslims seeking to live by the highest ideals of their faith. Index of the Quranic References: • 4:1: ‘O mankind, have taqwa of (itaqu) your Lord, who created you from one soul (nafs wahida) and created from it its mate (zawj) and dispersed from both of them many men and women. And have taqwa of God, through whom you ask one another, and the wombs. Indeed, God is ever, over you, an Observer.’ • 5:8: ‘O you who have believed, be persistently standing firm for God, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to taqwa ...’ • 16:90: ‘Indeed, God orders justice (‘adl) and beauty and goodness (ihsan) and giving to relatives and forbids immo-rality and bad conduct and oppression. …’ • 9:71: ‘The believing men and believing women are allies (awliya’) of one another. They enjoin what is right (ma’ruf) and forbid what is wrong and establish prayer and give zakah and obey God and His Messenger. …’ • 3:195: ‘And their Lord responded to them, “Never will I allow to be lost the work of [any] worker among you, whether male or female; you are of one another ...”’ • 30:21: ‘And of His signs is that He created for you from yourselves (anfusikum) mates that you may find tranquility (sakan) in them; and He placed between you affection (mawaddah) and mercy (rahmah). …’ • 7:189: ‘It is He who created you from one soul (nafs wahida) and created from it its mate (zawj) that he might dwell in security (sakan) with her. …’ • 4:19-21: ‘Live with them in kindness (ma'ruf). For if you dislike them – perhaps you dislike a thing and God makes therein much good. …. And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant (mithaq ghaliz)?’ • 2:187: ‘... [Your wives] are a clothing (libas) for you and you are clothing (libas) for them. …’ • 2:233: ‘... And if they both desire weaning through mutual consent (taradi) from both of them and consultation (tashawur), there is no blame upon either of them. … ’ ------- V.A. Mohamad Ashrof is an independent Indian scholar specializing in Islamic humanism. With a deep commitment to advancing Quranic hermeneutics that prioritize human well-being, peace, and progress, his work aims to foster a just society, encourage critical thinking, and promote inclusive discourse and peaceful coexistence. He is dedicated to creating pathways for meaningful social change and intellectual growth through his scholarship. URl: https://www.newageislam.com/islamic-society/egalitarian-marital-quranic-perspective/d/136173 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism