Husband Mastery over Wife, Legal Effects as per the Islamic Jurisprudence, Conditions and Limits

Abstract

According to Holy Quran sovereignty is for God (Verse 40, YousefSurah) and in principle no human enjoys dominance over the other.Nonetheless, according to Verse 34-Alnesa Surah of Quran and similarlyArticle 1105 of Iran’s Civil Law, directorship is for the husband in domesticrelations. However, this does not purport to unconditional predominance ofhusband over his wife and according to many Islamic jurists, the implicationof the Quran reading “Husband shall superintend the wife” may not betranslated as men's despotism, cruel it your injustice. Instead, the purpose isprescription of a unified regulated leadership with respect to [household]responsibilities and subject to consultation [with wife]» (Shirazi, Makaremand others, 2006, vol. 4, 471). Furthermore, under moral principles and asper the concrete rules of Islamic jurisprudence namely the rule of“Prohibition of Harm” stipulated in principle 40 of Iran’s constitution, “Noindividual may excersise his/her rights as a mean of damaging others”, all ofwhich imply that directorship and superintendence of a husband accountsprimarily and in essence as a “duty” and not merely a sole priviledge. It isonly then we may consider such privilege for the husband to enjoyauthorities required to carry out duties arising out of his position.Directorship of husband does not account for devaluation of wive’s humandignity or husband's primacy or superiority over his wife. For taking up suchposition husband shall need to have competence based on which he finds arestricted capacity to perform meaning that his authorities are bound tolimits

Keywords

• superintendence
• husband directorship
• domestic relations
• submission
• wife human integrity
• family discipline