Qiwāmah and Marital Accountability in Islamic Family Law: A Conceptual Reconstruction through the Shāfiʿī School of Jurisprudence

Abstract

This study examines qiwāmah and marital accountability in Islamic family law through a conceptual reconstruction grounded in the Shāfiʿī school of jurisprudence. It addresses the relationship between marital authority, financial maintenance, and the rights and obligations arising from marriage, particularly in the context of contemporary Muslim families. This study employs normative legal research using conceptual and jurisprudential approaches. Primary materials include the Qur’an and classical Shāfiʿī legal works, while secondary materials comprise scholarly publications on qiwāmah, Islamic family law, and contemporary marital relations. The materials are analyzed through textual interpretation, doctrinal examination, and conceptual synthesis. The findings indicate that qiwāmah should be examined alongside the legal obligations and ethical responsibilities associated with marriage rather than treated as an isolated claim to authority. Accordingly, this study proposes marital accountability as a conceptual framework comprising three dimensions: legal responsibility, relational responsibility, and accountable decision-making. This framework clarifies the relationship between established jurisprudential doctrines and contemporary family arrangements without assuming that changing social conditions automatically eliminate classical legal obligations. The study contributes to Islamic family-law scholarship by articulating a Shāfiʿī-informed framework for examining marital authority and responsibility. Further empirical research is needed to investigate how these principles are understood and implemented in diverse Muslim family contexts.