Male Guardianship over Women in the Healthcare Context: An Islamic Approach

Abstract

The concept of wilāyat al-rajul (Male Guardianship) has been discussed in jurisprudential works _x000D_ extensively. The practice of male guardianship gives men authority over women in managing _x000D_ women’s personal affairs. In the contemporary context, some rulings are implemented _x000D_ sometimes to misapply the rights and obligations of male guardianship. Specifically, there are _x000D_ some cases where men and women are treated unequally in terms of accessing healthcare _x000D_ resources. Male guardianship rules can lead to social isolation of women, and restriction on their _x000D_ mobility, in some situations. _x000D_ In this thesis, we will consider the desirable and the undesirable practices of male guardianship _x000D_ and focus on the ethical dilemma of having male guardianship in healthcare aspects. _x000D_ Additionally, we will investigate the implementations of the concept of wilāyat al-rajul (Male _x000D_ Guardianship) in the healthcare by evaluating the different status of women in relation to _x000D_ different cases of treatment. The thesis aims to find the moral status of guardianship in women’s _x000D_ healthcare. In the first chapter, we addressed the transformation of the concept from the classical _x000D_ jurisprudential understanding to the contemporary FiqhÊ perception. In the second chapter, we _x000D_ demonstrated the justification and the argument that jurists often refer to in their explanations. _x000D_ we argued that the jurisprudential rulings (Aḥkām) in the classical and the contemporary period’s _x000D_ related to male guardianship in healthcare are based on moral foundations. The moral _x000D_ foundations are supported by the objectives of sharī ʿ a.

Date of Award	2019
Original language	American English
Awarding Institution	HBKU College of Islamic Studies