چکیده:
The issue of qawwamiyyat, which is raised in verse 34 of Surah An-Nisa chr ('39') , has always been the subject of discussion and interpretation by scholars. This article examines the reasonable why of its legislation by examining various perspectives in the field. This Qurchr ('39') anic approach has always been attacked by those who do not consider the position and role of each man and woman in the system of creation and accuse the Qurchr ('39') anic teachings of being influenced by the culture of the age of revelation, patriarchy and degrading the status of women, with mainly feminist tendencies based on Western legal principles. They have replaced women. This article, in order to remove the doubts and ambiguities arising from the lack of correct understanding of the verse and relying on Quranic teachings and the opinions of commentators with critical analysis, explains rational, narrative principles and the origin of legislation of the verse and its relationship with the nature of each woman and man. He then explains the relationship between the educational strategy of punishment in case of failure, as a last resort, with the issue of qawwamiyyat, and critiques the views of the commentators who consider the verse to indicate the inherent superiority of men over women.
خلاصه ماشینی:
In order to resolve the doubts and ambiguities arising from the lack of correct understanding of the verse, this writing, relying on Quranic teachings and the views of commentators through critical analysis, explains the rational and traditional foundations, the origin of the legislation of the ruling of Qawwamiyyah, its scope, and the connection of this ruling to the nature of each man and woman.
Then, it clarifies the connection between the educational solution of punishment in case of Nushuz (disobedience) as the final suggestion with the issue of Qawwamiyyah, and critiques and examines the views of commentators who considered the mentioned verse to indicate the essential superiority of men over women.
Therefore, Allameh Tabataba'i considers Qawwamiyyah to be applicable in all general spheres of social life and writes: "From the generality of the cause, it is understood that the ruling based on that cause; meaning the guardianship of men over women also has generality and is not limited to a husband in relation to his wife, and it is not the case that men only have Qawwamiyyah over their wives, but rather the ruling that has been established is for the male gender and for the female gender" (ibid / 344).
Before discussing the issue of "nushuz" and "darb" (striking), it must be remembered that such rulings are based on Islamic ontological foundations and the relationship between creation (takwin) and legislation (tashri'), therefore, Islam's special view of the human species, each of man and woman, and the philosophy of marriage must be taken into account; thus, for each of the spouses, rights, choices, and duties have been determined in the legal system of Islam.
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