The Cancellation of Male Guardianship over Women in the Beijing Conference: An Analysis Based on the Quran and Sunnah

Abstract

Man's guardianship over women is a human instinct and divine wisdom aimed at preserving the family. Meanwhile, the Beijing Convention, which emerged in 1995, called for the abolition of guardianship. The problem addressed in this research is that the Beijing Convention proposed procedures to abolish guardianship, leading to conflict between men and women and the disintegration of the Muslim family. This study employed an inductive and critical analytical approach, aiming to clarify the procedures proposed by the Beijing Convention to strip away guardianship and critique them in light of the Quran and Sunnah. The study concluded with findings that guardianship is a legitimate mandate, with specific regulations that men must adhere to. All doubts raised about guardianship are weak and rebuttable. In light of the study of the Beijing Convention's stance on the abolition of guardianship, it is evident that such abolition would destabilize the structure of the Muslim family and that guardianship preserves women's rights.