KMAN Publication Incorporation Interdisciplinary Studies in Society, Law, and Politics 3060-5687 5 Serial Number 18 2026 07 01 The Nature of Qiwāmah and the Jurisprudential–Legal Feasibility of Its Transfer, Waiver, and Extinguishment The Nature of Qiwāmah and the Jurisprudential–Legal Feasibility of Its Transfer, Waiver, and Extinguishment 1 9 EN Journal Article 2026 01 02 <p>The concept of qiwāmah has, throughout the centuries, been regarded by scholars as one of the most important grounds for recognizing men’s responsibility for the management of family affairs and has been examined from both Islamic jurisprudential and family-law perspectives. This article, which aims to investigate the legal and jurisprudential nature of qiwāmah, examines its status under different circumstances, particularly with respect to the possibility of transferring qiwāmah to another person and the possibility of its extinguishment or waiver. The study employs a descriptive–analytical method and examines whether qiwāmah constitutes a right or a legal ruling (ḥukm), as well as the conditions and elements from which it arises. By elucidating the nature of qiwāmah, the present study considers it a basis for men’s responsibility arising from two necessary conditions, one inherent and the other acquired. Accordingly, under no circumstances can qiwāmah be transferred to another person; nor can a man divest himself of it, and it is not susceptible to waiver. Consequently, if a man, for any reason, refuses to assume this responsibility or fails to perform the duties arising therefrom, the rules established in Islamic jurisprudence and law require him to provide the requisite conditions and fulfill his obligations; otherwise, upon the wife’s request and by order of the competent judicial authority, he may be required to divorce his wife.</p> https://www.journalisslp.com/index.php/isslp/article/download/584/1150