Nullifying factors of qiwamah in Islamic jurisprudence: a contemporary analytical study in Algeria

Ghalia, Bouhedda and Artalim Zaim, Muntaha and Zahia, Haouichi (2025) Nullifying factors of qiwamah in Islamic jurisprudence: a contemporary analytical study in Algeria. In: القوامة في مواجهة القضايا الأسرية : التحديات والحلول. Contemporary Fiqh Research Unit (CFRU), IIUM and Islamic Book Trust, Kuala Lumpur, Malaysia, pp. 133-172.

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Abstract

The legal law in Islamic legislation In Islamic legislation, is linked to correlative law, which affect their establishment in terms of existence and non-existence. The reality and its novelties have an impact on achieving what relates to the conditions, causes, and impediments of these rulings. Guardianship (qiwama) is one of the obligatory Islamic legal laws assigned to men based on the causes of financial support and superiority. Our contemporary reality witnesses developments related to the ruling of qiwama, where the wife has become a counterpart to the man due to her going out to work and sharing in the financial support, either voluntarily or compulsorily as a result of deteriorating financial and economic conditions. These conditions lead to the husband's shortcomings in fulfilling marital rights and financial support. In addition, there is the influence of feminist ideologies regarding qiwama. Do these challenges constitute influential impediments that nullify the establishment of qiwama rulings? Has Islamic jurisprudence adequately addressed the rulings of qiwama in terms of their establishment and nullification in contemporary ijtihad to resolve family-related issues? Consequently, this research, in its theoretical aspect, aims to clarify the foundation of the ruling of qiwama and uncover the nullifiers of qiwama in Islamic jurisprudence. In its practical aspect, it involves a sample of married individuals in Algeria consisting of 242 individuals, analysing the results obtained through a questionnaire and using the Statistical Package for the Social Sciences (SPSS) program. The research concluded that there is a negative impact of: the husband's shortcoming in financial support, the wife's participation in financial support, the wife's status, and feminist ideologies on the ruling of qiwama.

Item Type:	Book Chapter
Additional Information:	4155/125582
Uncontrolled Keywords:	qiwama, its causes, its impediments, its nullifiers, financial support, Algeria
Subjects:	BPK Islamic law. Shari'ah. Fiqh K Law > K670 Family Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Assoc. Pro Bouhedda Ghalia
Date Deposited:	12 Dec 2025 17:42
Last Modified:	13 Dec 2025 22:05
Queue Number:	2025-12-Q777
URI:	http://irep.iium.edu.my/id/eprint/125582

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