Maududi - Sayyid Abul Ala Maududi - Tafhim al-Qur'an
The Arabic word qawam or qawam stands for a person who is responsible for the right conduct, safeguard and maintenance of the affairs of an individual, an institution or an organization. Thus, than is governor, director, protector and manager of the affairs of women.
Men are superior to women in the sense that they have been endowed with certain natural qualities and powers that have not been given to women or have been given in a less degree, and not in the sense that they are above them in honor and excellence. Man has been made qawam (governor) of the family because of his natural qualities and woman has been made his dependent for her own safety and protection because of her natural drawbacks.
A tradition of the Holy Prophet is the best commentary on this, He said, "The best wife is the one who pleases you when you see her; who obeys your orders and who guards your property and her own honor when you are not at home. "
In this connection, it is necessary to give a warning. Obedience to Allah is of far greater importance than obedience to the husband and has precedence over it. 'therefore, it is the duty of the wife to refuse to obey her husband, if and when he orders her to do a thing which amounts to Allah's disobedience. In that case it shall be a sin to obey him. On the contrary, if the husband orders her not to observe a certain voluntary religious devotion, she must obey him, otherwise her devotion will not be accepted.
If the wife is defiant and does trot obey her husband or does not guard his rights, three measures have been mentioned, but it does not mean that all the three are to be taken at one and the same time. Though these have been permitted, they are to be administered with a sense of proportion according to the nature and extent of the offense. if a mere light admonition proves effective, there is no need to resort to a severer step. As to a beating, the Holy Prophet allowed it very reluctantly and even then did not like it. But the fact is that there are certain women who do not mend their ways without a beating. In such a case, the Holy Prophet has instructed that she would not be beaten on the face, or cruelly, or with anything which might leave a mark on the body.
"The two sides" refers both to the arbiters and to the spouses. Reconciliation can be effected in every quarrel, if the parties concerned desire it and if the arbiters try to effect it sincerely and justly.
In this verse, a plan has been put forward for settling disputes between husband and wife within the family. An effort should be made to effect a reconciliation before resorting to a court of law or making the final breach. The plan is to appoint one arbiter from the family of each spouse for this purpose. The two should probe into the real cause or causes of the dispute and then try to find a way out of it. Of course, the relatives are best qualified for it, knowing as they do the true conditions of the spouses.
Allah has left it unanswered as to who should appoint the arbiters so that each spouse may appoint one arbiter from his or her relatives, if they desire to patch up their differences, or the leaders of the two families may take the initiative and entrust the work of reconciliation to two arbiters, or if the case goes to the court, it may appoint two arbiters before taking any action.
There is a difference of opinion regarding the powers of the arbiters. According to the Hanafi and the Shafi `i schools of thought, the arbiters are not authorized to pass any final decree but may recommend measures for reconciliation, which tray be accepted or rejected by the spouses. Of course, if the spouses themselves authorize them to effect divorce or khula' or take any other measure, then they shall be bound to accept their decision. Hasan Basri, Qatadah and some other jurists are of the opinion that the arbiters are authorized to enforce reconciliation but not separation. Ibn `Abbas, Said bin Jubair, Ibrahim Nakha 'i, Sha 'bi, Muhammad bin Sirin and some other jurists are of the opinion that the arbiters have full authority to enforce their decision about reconciliation or separation whichever they consider to be proper.
Caliph Uthman and Caliph 'Ali used to authorize the arbiters appointed by theta with full powers to effect reconciliation or separation as required by the circumstances. For instance, when the case of 'Aqil, son of Abu Talib, and his wife Fatimah, daughter of 'Utbah bin Rabi'ah, was brought in the court of Caliph Uthman, he appointed as arbiter Ibn 'Abbas from the family of the husband and Mu'aviyah bin Abi Sufyan from the family of the wife and told them that they ware authorized to cause separation between them, if required by circumstances. Likewise, Caliph `Ali appointed arbiters in a similar case and authorized them to effect reconciliation between the spouses or separate them. This shows that the arbiters as such do not possess judicial powers, but if at the tithe of their appointment, the authority concerned empowers them with judicial powers, their decision shall be binding and enforced like other judicial decisions.