A GENDER AND THE MUSLIM FAMILY

الجندر والأسرة المسلمة

Abstract

This study aims to clarify the concept of gender its origins and emergence, how it spread in Western societies, and the extent to which it is appropriate to apply it within Muslim families. Calls for gender-based equality in rights between men and women have increased, including within the family. The researcher employed both the inductive method and the descriptive-analytical method. One of the study’s findings is that applying the concept of gender conflicts with the principles and foundations of the Muslim family. Firstly, the contract of marriage must be between a man and a woman; as for gender identity, it holds no place of recognition. Guardianship (qiwāmah) belongs to men because they possess the fullest capacity of intellect, good management, physical and bodily strength; and because they are commanded to pay the dowries to women and to provide for them. As a result, women owe them obedience in a proper manner. Both the man and woman retain the right to dissolve the marriage contract especially when separation occurs or there is conflict. In such instances, a mother is more deserving of custody of her young children because she is more patient with the child and shows deeper compassion. Regarding inheritance, God has assigned each heir’s share based on conclusive texts. He established differences in the shares of heirs according to the obligations and financial responsibilities they carry not based on gender.