Social institutions are
established sets of norms and subsystems that support each society's survival.
Each sector carries out certain tasks and has different responsibilities that
contribute to the overall functioning and stability of a society. This helps to
decrease chaos and increase structure. While societies may differ in how they
establish these responsibilities, they all have economic, governmental, family,
educational and religious institutions. Islam aims at purifying and purging the
society of all activities that encourage such irresponsible action or provide
opportunities for them. Regulations of Hijab (an outfit women must adhere to in
Islam), ban on free mixing of men and women, restrictions on music and films
and discouragement of the spread and propagation of obscenities and
aberrations, are all intended to guard against this. Their sole object is to
protect and strengthen the institution of the family. Islam does not merely
regard the desirable form of social contact as just permissible but holds and
affirms it as a good and virtuous act. Indeed, it is seen as an act of worship.
It does not simply look upon celibacy of an adult person with disfavor, but
calls upon every young man and woman to take, in his turn, the social
responsibilities of married life just as his or her parents did in their time.
Other than that, as the University
students which taking this course, the reasons why we are writing and choosing
this topic were as follows; firstly, it’s all about the issues of marriage and
family apparently seem to be left at the second position which is nowadays this
cases are the main problems to our society. Secondly, our group wants to study
does the family still significantly determine society, or is it vice-versa, or does
society determine the family?. Thirdly, at the level of the individual, there
are questions that we must to know for example the change of gender roles
within marriage and family, the role parents’ play in bringing up their
children, especially concerning values, and on dealing with alternative role
patterns. Furthermore, at the level of society, we concerns questions of social
integration, the compatibility of family and profession under labor market
conditions, about the education, the obligations and social security systems.
Next, the main objectives that we want to
study this topic are to further our understanding regarding the social
institution based on Islamic beliefs. Besides, we want to identify the roles of
an individual in Islamic beliefs and also to distinguish the Islamic etiquette
between male and female. Moreover, as students, we also curious to know on the
social relation in families, friends and others. This objectives and the topic
is so importance to be discovered because to reduce the family problems
happened in our daily life by understanding the concept of marriage in Islamic.
Lastly, on this Social Institution, we
want to discuss more about the marriage and organization in the family system
according to Islam ways. The point that we will be discussed on are first of
all, the phases of pre-marriage. Then, the philosophy of marriage like more on
the definition on the marriage itself according to Islam. After that, about the
jurisprudence in marriage continued with the roles of husband, wife, parents
and children. Lastly, to study on the social educations and social obligations
those have been practice in Islam.
2.0 BODY
OF PROJECT
2.1 Phases of Pre-Marriage
Marriage Preparation According To Islamic Tradition
According to Islamic tradition, marriage
should be entered into for the sake of Allah. Marriage is, therefore, Ibadah
(worship). Allah's guidance should be sought on all matters, particularly the
decision to marry and who to marry. Likewise, when we experience problems we
must call on Allah to help us through the trying times.
Allah says in Sura Ghafir,
"And your Lord said: Invoke Me (believe in Me alone and ask Me anything) I
will respond to your (invocation). Verily, those who scorn My worship (i.e.,
they do not believe in My Oneness or ask Me), they will surely enter hell in
humiliation"(Quran 40:60).
Intrinsic Islamic traditions that facilitate
marriage preparation and education and consequently positive marital outcomes
include prayer, Dhikr, the requirement of a Wali (guardian) for women who have
not been married, the obligation to study the religious practices, the use of
arbitration and importance of Nasiha or advice giving. Marriage preparation,
according to Islamic tradition, includes the study of the religious practices
and traditions so that the believer has knowledge of Islam in its various
facets including marital life. According to Habib Ahmad (1996) the methodology
used by the Sahaba in their acquisition of knowledge included the
prioritization of educational objectives.
Al'Ilm al-Shar'i, that is, the knowledge
pertaining to Islamic faith, acts of worship, and necessary transactions and
daily dealings of a Muslim, must be our first priority in our educational
pursuit. Study of Allah, the articles of faith, prayer and other matters of
Fiqh (Islamic jurisprudence) are primary. Then other obligatory acts of worship
and guidelines for business transactions, family life, and community affairs,
Dawa (inviting to Islam) with Muslims and non-Muslims and Arabic language
should be next.
Muslim Weddings: How-To (From Engagement & Nikah To
Walima)
1) Selecting a
Potential Spouse (Ta’aruf)
- When searching for a spouse, the relationship of one’s potential partner to religion should be the first and foremost quality to be considered. This does not negate the role that qualities such as family, education, and beauty can play in making a decision. In fact, it is strongly recommended for the bride and groom to look at one another and find mutual attraction, but religion is an essential foundation.
2) Istikhara
- The prayer of Istikhara (decision making), a tradition of Prophet Muhammad, should also be undertaken in the selection of a mate, asking Allah's guidance in the choice of the mate best to assist one in preserving his or her Iman (faith) in order to prepare for the Ahkirah (Life after death). If Istikhara is performed sincerely asking Allah's guidance in the choice of a mate the marriage will be established at the outset on the best foundation.
- The Holy Quran and Sunnah of the Prophet are rich with wisdom and the best examples of appropriate Islamic behavior in family life. It is important that those seeking marriage study the examples put forth by Allah and His Messenger in choosing a mate as well as resolving marital problems.
3) The Engagement (Khitbah)
- This is just a promise on both sides to agree on the marriage. After the proposal has been accepted, no one can subsequently propose to the girl.
4) Nikah as a
Wedding Contract
·
Although marriage is an institution Divinely-ordained by Allah, each
marriage is a contract between the spouses. Marriage is a social contract, a
noble contract and a sacred contract (Khurshid Ahmad, 1974). All of the actions
mentioned as impermissible during the engagement phase (above), only become
permissible once the nikah (contract) is concluded. The consummation
can take place right after the nikah, at which time all of the responsibilities
of providing for the wife become the responsibility of the husband.
·
The physical document usually
developed as part of the marriage process serves as a tool in preparing the
couple for marriage. This provides an opportunity to give consideration to
issues or concerns that may need discussion and agreement prior to marriage. As
marriage in Islam is largely a contract between the couple before Allah this
phase provides an opportunity to discuss the terms of the contract and to
remind the parties of the obligation they have before Allah to maintain their
contract and its terms.
5) The Nikah
process itself is very simple; the following are the essential components:
·
The Wali (Guardian)
·
Witnesses
·
The Mahr
·
The Contract
·
Acceptance
·
Declaration (‘ilan) and Wedding Feast
(walima)
The
Essential Component Of Nikah (Elaboration)
1) The Wali (Guardian)
The bride requires a Wali (“legal guardian”) to be a part of the nikkah. This may be her father, uncle, brother or any such elder. The wali should also undertake the responsibility of examining the qualities of the potential husband to ensure he is a good match.
The bride requires a Wali (“legal guardian”) to be a part of the nikkah. This may be her father, uncle, brother or any such elder. The wali should also undertake the responsibility of examining the qualities of the potential husband to ensure he is a good match.
If a Muslim man is marrying a Christian or Jewish woman,
the woman is required to have a wali from her particular religious
faith, and a Muslim cannot be the guardian of a non-Muslim woman, just as a
non-Muslim man cannot be the guardian of a Muslim woman. A convert sister
should also have a wali, which can be a trustworthy member of her
community or family who ensures that her rights are respected and upheld
throughout the process.
2) Witnesses
At least two witnesses are required for the marriage. Although not required, witnesses often consist of one from the groom’s side and one from the bride’s side.
At least two witnesses are required for the marriage. Although not required, witnesses often consist of one from the groom’s side and one from the bride’s side.
3) The Mahr
The mahr is a cash or other non-monetary gift by the groom to the bride and intended as a symbol of commitment and acceptance of the responsibilities of marriage; it can be paid at the time of the wedding or delayed, but is an agreement which must be honoured and it is recommended that it be specified within the marriage contract. It’s important to note that the mahr amount does not have to be extravagant, and in fact the lower the Mahr, the more the barakah (blessings) in the wedding. The mahr is also never intended to be a roadblock that prevents the young or less-wealthy from being able to marry.
The mahr is a cash or other non-monetary gift by the groom to the bride and intended as a symbol of commitment and acceptance of the responsibilities of marriage; it can be paid at the time of the wedding or delayed, but is an agreement which must be honoured and it is recommended that it be specified within the marriage contract. It’s important to note that the mahr amount does not have to be extravagant, and in fact the lower the Mahr, the more the barakah (blessings) in the wedding. The mahr is also never intended to be a roadblock that prevents the young or less-wealthy from being able to marry.
4) The Contract
It is highly recommended for the marriage contract to be written. While the contract can include additional stipulations, at a minimum, the contract needs to include the names of the groom, bride, and witnesses, and it is strongly recommended that it includes the details of the mahr.
It is highly recommended for the marriage contract to be written. While the contract can include additional stipulations, at a minimum, the contract needs to include the names of the groom, bride, and witnesses, and it is strongly recommended that it includes the details of the mahr.
5) Acceptance
As a part of the nikkah process, the Wali should make a verbal proposal to the groom (Ijaab). Upon hearing the proposal, the groom is required to voice his acceptance verbally (Qabool) which must be voiced using definitive language. Regarding the language to be used, the strongest opinion is that ijaab and qabool can be in the parties’ primary spoken language such as Malay language, just as long as both parties consent to doing so and the groom utilizes definitive language.
As a part of the nikkah process, the Wali should make a verbal proposal to the groom (Ijaab). Upon hearing the proposal, the groom is required to voice his acceptance verbally (Qabool) which must be voiced using definitive language. Regarding the language to be used, the strongest opinion is that ijaab and qabool can be in the parties’ primary spoken language such as Malay language, just as long as both parties consent to doing so and the groom utilizes definitive language.
6) Declaration (‘ilan) and Wedding Feast (walima)
A declaration (‘ilan) which publically shares the fact that the marriage has officially occurred is a required part of the process. It is highly encouraged* for the announcement to take place as a part of a walima.
A declaration (‘ilan) which publically shares the fact that the marriage has officially occurred is a required part of the process. It is highly encouraged* for the announcement to take place as a part of a walima.
The walima can be hosted at the
time of the nikkah or at the time of the consummation. It consists of
a meal that people from the bride and groom’s community are invited to share
and enjoy as guests. As is the case with the mahr (see above), the walima
can also be simple and is never intended to be a roadblock that prevents the
young or less-wealthy from being able to marry. It is important to note that
the Prophet Muhummad SAW highly discouraged a walima where only
affluent segments of society are invited.
Arbitration
Arbitration is another method at our
disposal. If used as an intervention strategy it provides an opportunity to
give the couple guidance as well as facilitate problem-solving and a
reconciliation between them.
The Holy Quran says:
"And if you fear a breach between them twain (i.e. husband and wife),
appoint an arbiter from his folk and an arbiter from her folk. If they desire
amendment Allah will make them of one mind. Lo! Allah is ever
knower, Aware" (4:35).
Allah says, "Call to
the way of your Lord with wisdom and good admonition, and have disputations
with them in the best manner; surely your Lord best knows who goes astray from
His path, and He knows best those who follow the right way" (Quran
16:125).
The Islamic responsibility to offer Nasiha,
that is, giving advice for commanding the right and forbidding the wrong, indicates
the importance of providing good Islamic guidance to those who are straying
from the teaching.
In this tradition of Nasiha is opportunity
for individuals before marriage and couples after marriage to obtain good advice
from family, community elders, Imams or Muslim counselors and social workers
regarding ways to prevent and intervene early in potential marital problems.
The Healthy
Muslim Marriage
The
Quran says: "And among His Signs is this, that He created for you mates
from among yourselves, that you may dwell in tranquillity with them, and He has
put love and mercy between your (hearts)..." (30:21)
Khurshid Ahmad writes in his book, Family Life in
Islam, "the relationship between husband and wife is
a spiritual relationship and sustains and generates love, kindness, mercy,
compassion, mutual confidence, self-sacrifice, solace and succor."
In
Islam the healthy marriage begins with a strong practice of Islamic tradition
and spousal selection based on the Quran and Sunnah. Muslims can choose a
spouse for many reasons but piety is considered the best reason. Abu Huraira
reported Allah's Messenger as saying, “A
woman may be married for four reasons: for her property, her status, her beauty
and her religion; so try to get one who is religious, ..."(Muslim).
If a spouse is
chosen merely for his or her attractiveness or socioeconomic status, the
likelihood is that those attributes will be the sum total of the marriage.A
healthy marriage is based on strong Iman (faith) and strong Taqwa (fear of
Allah). Because the couple unites for the sake and love of Allah, they are able
to make decisions and resolve problems upon based this commitment.
Fikr (reflection)
and Dhikr (remembrance) of Allah are a regular part of the marriage. The couple
keeps their obligations to Allah and remembers Him often, even in their most
intimate affairs. They reflect on what He has given them and on ways to improve
their relationship with Him and thus with each other.
The couple not
only strives in the cause of Allah but are also knowledgeable of their own and
each other's rights, roles and responsibilities. The spouses honor and ensure
that each other's rights are fulfilled and they work together to develop a
strong Islamic personality. Both have realistic expectations of each other and
of the marriage, and they practice good communication skills, engage in mutual
consultation, and are calm and even-tempered. Honesty, trustworthiness,
humility and a willingness to cooperate and compromise help to build a strong
relationship. Additionally reliance on the Quran and Sunnah for decision-making
are essential.
2.2 Philosophy of Marriage.
Philosophy of
Muslim Marriage:
•
Islam has based its matrimonial laws on the
correlation between masculinity and femininity. Obviously this complementary
system in man and woman. The male by his nature is attracted to the female, and
vice versa.
•
Marriage is the only legal and honorable way of
satisfying sexual desire, and the husband and wife by their union ensure the
survival of mankind. Although almost all the burden in this task falls on the
woman, the initial steps cannot be taken without the participation of the man.
First and
primary benefit of Marriage:
•
Holy Prophet Muhammad (saw) said: Marry and
procreate and increase your population.
Second Benefit
of Muslim Marriage:
•
The second benefit is that the husband and the wife
jointly (but with division or responsibilities) perform the tasks which they
are faced with in establishing a family. And each finds his or her fulfillment
in the other. Woman is not fit to earn livelihood; man is not fit to manage
domestic affairs. Marriage binds them to make up each other's deficiencies, so
that the family may prosper.
2.3 Jurisprudence in Marriage.
Generally, the jurisprudence can be
strictly defined as the science or philosophy of law or a system and body of
law. Next, the jurisprudence of Islamic can be classified as the deep
understanding or full comprehension in the fiqh. Technically, it refers to the
body of Islamic law
extracted from detailed Islamic sources
(which are studied in the principles of Islamic jurisprudence and the process
of gaining knowledge of Islam through jurisprudence. In Islamic law (syariah),
the marriage (zawaj زواج) is a legal bond and social contract between a man and
a woman. Marriage is an act of Sunnah in Islam and is strongly recommended. The
noble al-hadith is also replete with traditions narrated from the Prophet (SAW)
and his immediate successors, some of which we present below.
قالَ رَسُولُ
اللهِ (صَلَّى اللهُ عَلَيهِ وَآلِهِ وَسَلّمَ): مِنْ سُنَّتِي أَلتَّزْوِيجُ
فَمَنْ رَغِبَ عَنْ سُنَّتِي فَلَيْسَ مِنِّي.
The Messenger of Allah (S) has said, "Of my tradition
is to marry. So then whoever turns away from my tradition (Sunnah) is not from
me (my nation
(.” Next, the age of marriage is not the main
problems as long as the individuals feel ready, financially and emotionally. For
example, our beloved Prophet, Muhammad SAW was married with a woman whom is
Khadijah at the age of 25 years old. Actually, between his ages with his wife
is about 15 years older where the age of Khadijah is 40 years old at that time.
Other than that, the polygyny is permitted in Islam under some conditions, but
polyandry is forbidden. The polygyny is the Muslim men are allowed to practice
polygyny, that is, they can have more than one wife at the same time, up to a
total of four under Islamic marital jurisprudence but with the certain
conditions. The example of the condition is the Muslim men need to be fair to
his wife. This can be proof as follows;
And if you fear that
you will not deal justly with the orphan girls, then marry those that please
you of [other] women, two or three or four. But if you fear that you will not
be just, then [marry only] one or those right hand possesses. That is more
suitable that you may not incline [to injustice]. The Surah An-Nisa verse 3
have been mention about the polygamy that the men have to fair with his wife if
he want to married again until up to four wives. But for the women, the polyandry
is the practice of a woman having more than one husbanded, by contrast, is not
permitted. This systems or laws of polyandry are against the Islamic
jurisprudence.
The subtopic of the
jurisprudence in marriage can be listed as follows;
In this
subtopic, it can be divided into many classifications. For instance, we must
know the types of marriage that happened either before or after the Islam spread
worldwide. For example, the types of the marriage are about the nikah, nikah
mut’ah, nikah misyar and interfaith marriage. Secondly we will go through on
the marriage by halala, Divorce, Iddah, Ma malakat aymanukum and Adoption.
Lastly, about the restriction on marriage based on Islamic Jurisprudence.
2.3.1.
NIKAH.
Firstly,
terms of Nikah can be defined as "to collect and bind together”. It also
called marriage in Islam and as the incorporates the meaning of the act of
physical union between spouses as well as the legal and social institution This
nikah should be including the Mahr and this Mahr can be described in the Qur'an
in Surah An-Nisa verse 4;
And give the women
[upon marriage] their [bridal] gifts graciously. But if they give up willingly
to you anything of it, then take it in satisfaction and ease.
Moreover, before Islam
came or spread to the people for the past year, there are 2 types of Nikah that
they practice which are the Nikah Misyar and Nikah Mut’ah.
2.3.2.
NIKAH
MISYAR.
For the Nikah Misyar, we can describe it
as Nikah in Sunni's carried out via the normal contractual procedure, with the
specificity that the husband and wife give up several rights by their own free
will, such as living together, equal division of nights between wives in cases
of polygamy, the wife's rights to housing, and maintenance money (“nafaqa"),
and the husband's right of home keeping, and access etc. But after Islam came
by the preaching from Nabi Muhammad SAW, this Nikah Misyar be practice and
forbidden. In Islam, the husband and wife must know and understand their roles.
For example, the husband is compulsory to give the nafaqa either the women are
divorced and not marry again after the divorcing process. Other than that, the
Islam jurisprudence has set up some right that the husband and wife get after
the marrying. This can be proving as the belows;
Husband’s right:
1. Talq bin Ali
narrated that Allah’s Messenger (PBUH) said, “When a man calls his wife to
fulfill his need, and then let her come even if she is at the oven.
When the husband calls, it is
the duty of the wife to satisfy her husband. If she refuses, the consequences
are as mentioned below:
Abu Hurairah (RA) narrated that the Prophet (PBUH) said, “If a man calls his wife to bed and she refuses, and he spends the night angry at her, the angels curse her until the next morning.”
Abu Hurairah (RA) narrated that the Prophet (PBUH) said, “If a man calls his wife to bed and she refuses, and he spends the night angry at her, the angels curse her until the next morning.”
Wife’s right:
1.
A wife also is a human being
and she also has desires. Unlike a husband, she might feel shy of putting her
desires in front of her husband, but Islam makes the husband take care of this.
It is the right of a wife that her husband provides her physical satisfaction.
This can be refered to hadith;
Narrated Abdullah bin Amr bin Al-As (RA): Allah’s Messenger (PBUH)
said, “O Abdullah! Have I not been informed that you fast all the day and stand
in Salat all night?” I said, “Yes, O
Allah’s Messenger (PBUH)!” He said, “Do not do that. Observe the Saum sometimes and also leave them
at other times; stand up for Salat at night and also sleep at
night. Your body has a right over you, your eyes have a right over you and your
wife has a right over you.”
2.3.3.
NIKAH MUTA’AH
Then, Nikah Muta’ah in Arabic: نكاح متعة, known as the temporary
marriage, often referred as fixed-time marriage. Many of these marriages have a
time limit, and are the second form of marriage. This Nikah are also been
practices during the past year ago before the Islam are spread. Next, it is a private
contract made in a verbal or written format. A declaration of the intent to
marry and an acceptance of the terms are required (as they are in nikah). Nikah mut'ah
was also practiced by the pre-Islamic Arabs. The preconditions for Nikah mut'ah
are:
1)
The bride must not be married; she must be Muslim or belong
to Ahl al-Kitab (People of
the Book).
2)
She should be chaste.
3)
She not addicted to fornication.
5)
At the end of the contract, the marriage ends and
the wife must undergo iddah, a period of abstinence from marriage (and thus,
sexual intercourse).
Generally, the Nikah mut'ah has no proscribed
minimum or maximum duration. But, after the Islam comes, this Nikah is totally
forbidden for the Muslim and Muslimat to follow.
2.3.4. INTERFAITH MARRIAGE.
Moreover, the last types of marriage are the interfaith marriage.
This interfaith marriage include; marriage of Muslim men to non-Muslim women,
marriage of Muslim women to non-Muslim men and the conversion to Islam of one
spouse in a non-Muslim marriage. Islamic marriage rules between Muslim men and
non-Muslim women are regulated by Islamic principles. There are also the
restrictions to which a Muslim man can marry. For instance, the Muslim men are
forbidden from marrying polytheist women. A polytheist woman would have to convert to Islam if she would want to
get married to a Muslim man, according to Islamic principles. Furthermore, the second of the interfaith marriage is marriage of
Muslim women to non-Muslim men. Muslim women are forbidden from marrying non-Muslim
men according to Islamic law. All major groups of Muslims have forbidden Muslim
women from marrying non-Muslim men. In effect, all children of any
mixed-marriages involving Muslims are guaranteed to be raised as Muslim.This can be shown from the Surah Al-Baqarah
verse 221.
And do not marry polytheistic women until
they believe. And a believing slave woman is better than a polytheist, even
though she might please you. And do not marry polytheistic men [to your women]
until they believe. And a believing slave is better than a polytheist, even
though he might please you. Those invite [you] to the Fire, but Allah invites
to Paradise and to forgiveness, by His permission. And He makes clear His
verses to the people that perhaps they may remember.
Thirdly, conversion to Islam of one spouse
in a non-Muslim marriage are not forbidden as long as the spouse are understand
about the Islam laws that must be followed. Such as if a non-Muslim woman is
married to a non-Muslim, and she converts to Islam, the marriage is suspended
until her husband converts to Islam. She could, in theory, leave the non-Muslim
husband and marry a Muslim one. These also have been stated in the al-Quran,
Surah Al-Mumtahanah verse 10;
O you who have believed, when the believing
women come to you as emigrants, examine them. Allah is most knowing as to their
faith. And if you know them to be believers, then do not return them to the
disbelievers; they are not lawful [wives] for them, nor are they lawful
[husbands] for them. But give the disbelievers what they have spent. And there
is no blame upon you if you marry them when you have given them their due
compensation. And hold not to marriage bonds with disbelieving women, but ask
for what you have spent and let them ask for what they have spent. That is the judgment
of Allah; He judges between you. And Allah is Knowing and Wise.
2.3.5.
HALALA.
A couple underwent three divorce cannot remarry unless the female one
marries another man truly, and then her second husband dies or divorce her.
According to the shariah, if the husband divorced with the word
"Talaq" then he can revoke the divorce within the Iddah period or the
couples can remarry again after Iddah. However, after the third talaq, they
neither can unite with in the Iddah period nor a new nikah can be done after
Iddah until the ex-wife marries another man, to ensure that divorce is not
taken lightly. She cannot go back to his first husband who has divorced her
three times, unless she marries another person who out of his own free will divorces
her. Nikah halala cannot be done as a condition or intention to make her lawful
to her ex-husband. Nikah Halala is used mainly in countries that recognize the
triple talaq. From the references of al-Quran, this shown in Surah Al-Baqarah
verse 230;
And if he has divorced her [for the third
time], then she is not lawful to him afterward until [after] she marries a
husband other than him. And if the latter husband divorces her [or dies], there
is no blame upon the woman and her former husband for returning to each other
if they think that they can keep [within] the limits of Allah . These are the
limits of Allah, which He makes clear to a people who know.
2.3.6.
DIVORCE
In the ṭalāq divorce, the husband
pronounces the phrase "I divorce you" (in Arabic, talaq) to his wife.
A man may divorce his wife three times, taking her back after the first two
(reconciling). After the third talaq they can't get back together until she marries
someone else. Some do a "triple ṭalāq", in which the man says in one
sitting "I divorce you" three times (or "I divorce you, three
times", "you're triple divorced"). Many Islamic scholars believe
there is a waiting period involved between the three talaqs. This can be proved
when it is stated in Quran, Surah At-Talaq verse 1;
O Prophet, when you [Muslims] divorce women,
divorce them for [the commencement of] their waiting period and keep count of
the waiting period, and fear Allah , your Lord. Do not turn them out of their
[husbands'] houses, nor should they [themselves] leave [during that period]
unless they are committing a clear immorality. And those are the limits [set
by] Allah . And whoever transgresses the limits of Allah has certainly wronged him.
You know not; perhaps Allah will bring about after that a [different] matter.
Apart from that, the divorce or talaq
consist of three steps which is initiation, reconciliation and completion. For the
initiation, is the stage where the process of divorcing is starting. Secondly,
the process of reconciliation. This process is the couple is supposed to try to
reconcile during the waiting period, with the help of mediators from each
family. If the couple breaks the waiting period by engaging in sexual
intercourse, they are deemed to have been reconciled and the divorce is voided.
Lastly, the completion. After the completion of the talaq procedure, the couple
is divorced, and she becomes non-mahram for him and so
they must observe the hijāb rules. The two witnesses are required to witness the completion of
the talaq. From Surah At-Talaq verse 2;
And when they have [nearly]
fulfilled their term, either retain them according to acceptable terms or part
with them according to acceptable terms. And bring to witness two just men from
among you and establish the testimony for [the acceptance of] Allah. That is
instructed to whoever should believe in Allah and the Last day. And whoever
fears Allah - He will make for him a way out.
2.3.7.
IDDAH
In Islam, iddah or iddat (Arabic: العدة; period of waiting) is the
period a woman must observe after the death of her spouse or after a divorce,
during which she may not marry another man. The purpose is to ensure
that the male parent of any offspring produced after the cessation of a nikah (marriage) would be known. The length
of iddah varies
according to a number of circumstances. The iddah of a woman divorced by her
husband is three monthly periods, unless she is pregnant in which case the
‘iddah lasts until she gives birth, or unless the marriage was not consummated in which case there is no `iddah, or
unless she does not menstruate, in which case "the scholars say that she
should observe an ‘iddah of a full year, nine months for pregnancy and three
months for ‘iddah. For a woman whose husband has died, the `iddah is four lunar
months and ten days after the death of their husbands whether or not the
marriage was consummated. The period, four months and ten days after the death
of a spouse, is calculated on the number of menses that a woman has. Islamic scholars
consider this directive to be a balance between mourning of husband's death and
protecting the widow from criticism that she might be subjected to from
remarrying too quickly after her husband’s death. This is also to ascertain
whether a woman is pregnant or not, since four and a half months is half the
length of a normal pregnancy. Husbands should make a will in favor of their
wives for the provision of one year’s residence and maintenance, unless the
wives themselves leave the house or take any other similar step. The directive of the Qur'an regarding the
waiting period of a widow, is as under
And those who are taken in death among you and leave wives behind -
they, [the wives, shall] wait four months and ten [days]. And when they have
fulfilled their term, then there is no blame upon you for what they do with
themselves in an acceptable manner. And Allah is [fully] acquainted with what
you do.
There is no blame upon you for that to which you [indirectly] allude
concerning a proposal to women or for what you conceal within yourselves. Allah
knows that you will have them in mind. But do not promise them secretly except
for saying a proper saying. And do not determine to undertake a marriage
contract until the decreed period reaches its end. And know that Allah knows
what is within you, so beware of Him. And know that Allah is Forgiving and
Forbearing.
2.4 Roles of Husband, Wife, Parents and
Child.
Islam recommend a role-based relationship
between husband and wife.
The Prophet said,
"All of you are guardians and are responsible for your wards. The ruler is
a guardian and the man is a guardian of his family; the lady is a guardian and
is responsible for her husband's house and his offspring; and so all of you are
guardians and are responsible for your wards." — Sahih al-Bukhari: Volume 7, Book 62,
Number 128
It puts the
main responsibility of earning over the husband. Both are obliged to fulfill
the other's sexual needs and to treat each other with kindness. Marriage also a
part of religion. It is complementary to a Muslim.
Refer to following verse of Qur’an:
وَأَنكِحُوا الأَيَامَى مِنْكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ
وَإِمَائِكُمْ
“And marry those among you
who are single and (also marry) the Salihun of your slaves (male) and
maid-servants (i.e. female slaves)…” [(Aayah No. 32, Surah An-Nur, Chapter No.
24, Holy Qur’an]
This is a command to marry.
The word ‘Al-Ayama’ is the plural of ‘Ayyim’, and is used to describe a woman
who has no husband and a man who has no wife, regardless of whether they have
been married and then separated, or have been never married at all.
DUTIES FOR THE SPOUSES
The rights
in marriage fall into 3 categories:
1- Mutual rights
between the two spouses.
2- Husband’s rights.
3- Wife’s rights.
2- Husband’s rights.
3- Wife’s rights.
Duties that are mutual:
First Duty: To forgive each other’s small mistakes.
Second Duty: To provide emotional support in both happiness and sadness
Third Duty: To offer each other wholesome advice concerning obedience to Allah.
(These 3 duties are implied in Allah’s statement: “Live with them in kindness.”)
Fourth Duty: To keep each other’s secrets. The Prophet (peace be upon him) says: “The people of the worst stature with Allah on the Day of Judgment are men who confide in their wives, and wives who confide in their husbands, and then they spread each other’s secrets around.” [Sahîh Muslim]
Fifth Duty: To pass the night with one another. Women must tend to their husband’s needs even if they don’t feel that need themselves. The Prophet (peace be upon him) said: “If a man invites his wife to his bed and she refuses, and as a consequence he goes to sleep angry, then the angels curse her until she rises.” [Sahîh al-Bukhârî].
This is a mutual duty. Regarding men, the Prophet (peace be upon him) said to his ascetic Companion Abû al-Dardâ’: “O Abâ al-Dardâ, you have a duty to your body, and to your Lord, and to your guest, and to your wife. Fast and break your fasts, pray, and be intimate with your wife. Give everyone their due right.” [Sahîh al-Bukhârî]
Sixth Duty: To adorn themselves in a reasonable manner. This is implied in the verse: “Be intimate with them in kindness.” And “They have as what is asked of them in kindness.”
First Duty: To forgive each other’s small mistakes.
Second Duty: To provide emotional support in both happiness and sadness
Third Duty: To offer each other wholesome advice concerning obedience to Allah.
(These 3 duties are implied in Allah’s statement: “Live with them in kindness.”)
Fourth Duty: To keep each other’s secrets. The Prophet (peace be upon him) says: “The people of the worst stature with Allah on the Day of Judgment are men who confide in their wives, and wives who confide in their husbands, and then they spread each other’s secrets around.” [Sahîh Muslim]
Fifth Duty: To pass the night with one another. Women must tend to their husband’s needs even if they don’t feel that need themselves. The Prophet (peace be upon him) said: “If a man invites his wife to his bed and she refuses, and as a consequence he goes to sleep angry, then the angels curse her until she rises.” [Sahîh al-Bukhârî].
This is a mutual duty. Regarding men, the Prophet (peace be upon him) said to his ascetic Companion Abû al-Dardâ’: “O Abâ al-Dardâ, you have a duty to your body, and to your Lord, and to your guest, and to your wife. Fast and break your fasts, pray, and be intimate with your wife. Give everyone their due right.” [Sahîh al-Bukhârî]
Sixth Duty: To adorn themselves in a reasonable manner. This is implied in the verse: “Be intimate with them in kindness.” And “They have as what is asked of them in kindness.”
The husband’s duties to his wife are as follows:
First Duty: To financially support his wife. This is a financial right, and includes: food, drink, clothing, and other basic needs.
Allah says: “Someone who is well off should spend from his fortune, and whoever is poor should spend from what Allah gives him.”
Islamic Law does not define this expenditure monetarily, but left it to the customary practices of society.
The Prophet (peace be upon him) says: “Fear Allah when it comes to women, for they are helpers you took in faithfulness to Allah. You also find it permissible to enjoy their femininity lawfully with Allah’s word. You owe it to them to spend money on them for their food and clothes in kindness.” [Sahîh Muslim]
The expenditure should be within the means of the husband. He should not be asked to spend what he cannot afford.
Second Duty: To provide appropriate housing within the means of the husband. The wife has a right to her own home wherein she can feel comfortable. Allah says, regarding a newly divorced woman: “House them as you house yourselves as is available.” If this is for the divorced woman, then the wife who is under the marriage contract is worthier.
Third Duty: Assisting them in their quest for salvation by teaching them their religion and reprimanding them for disobeying Allah.
Allah says: “O believers! Protect yourselves and your families from a Fire which is fueled by men and stones.”
Fourth Duty: To pay a dower. This is a right which precedes the contract. It is a symbol of honoring the woman and it is not permissible to neglect it until after the contract.
First Duty: To financially support his wife. This is a financial right, and includes: food, drink, clothing, and other basic needs.
Allah says: “Someone who is well off should spend from his fortune, and whoever is poor should spend from what Allah gives him.”
Islamic Law does not define this expenditure monetarily, but left it to the customary practices of society.
The Prophet (peace be upon him) says: “Fear Allah when it comes to women, for they are helpers you took in faithfulness to Allah. You also find it permissible to enjoy their femininity lawfully with Allah’s word. You owe it to them to spend money on them for their food and clothes in kindness.” [Sahîh Muslim]
The expenditure should be within the means of the husband. He should not be asked to spend what he cannot afford.
Second Duty: To provide appropriate housing within the means of the husband. The wife has a right to her own home wherein she can feel comfortable. Allah says, regarding a newly divorced woman: “House them as you house yourselves as is available.” If this is for the divorced woman, then the wife who is under the marriage contract is worthier.
Third Duty: Assisting them in their quest for salvation by teaching them their religion and reprimanding them for disobeying Allah.
Allah says: “O believers! Protect yourselves and your families from a Fire which is fueled by men and stones.”
Fourth Duty: To pay a dower. This is a right which precedes the contract. It is a symbol of honoring the woman and it is not permissible to neglect it until after the contract.
The wife’s duties to her husband are as follows:
First Duty: Obedience. A wife should be as obedient as she can to her husband. This preserves the family and protects it from collapsing. This is part of Islam’s organizing of the family structure. The Prophet (peace be upon him) was asked: ‘Which women are the best?’ he answered: “The one who pleases him when he looks at her, obeys him when he asks something of her, and is not disobedient in herself or her money in what he hates.” [Musnad Ahmad]
One should note that a wife’s obedience to her husband falls into one of four categories:
First Duty: Obedience. A wife should be as obedient as she can to her husband. This preserves the family and protects it from collapsing. This is part of Islam’s organizing of the family structure. The Prophet (peace be upon him) was asked: ‘Which women are the best?’ he answered: “The one who pleases him when he looks at her, obeys him when he asks something of her, and is not disobedient in herself or her money in what he hates.” [Musnad Ahmad]
One should note that a wife’s obedience to her husband falls into one of four categories:
1- To ask her to do something this is commanded
by Islam, such as the five prayers. Here the wife must obey her husband, and
she would be considered sinful from two perspectives if she fails to obey.
2- To ask her to do something
which is beneficial to him, or to refrain from doing something which is harmful
to him, such as things which have to do with his food or clothes. She should
obey him here unless there is a valid excuse not to.
3- To ask her to do something
which falls into her personal affairs, such as asking her to give him money or
forbidding her from speaking to a friend for no good reason. Here she can obey
him if she wants but she does not have to. She should consider the benefit and
harm of such obedience.
4- To order her to disobey
Allah’s commands, and here she must disobey her husband.
Second duty: Not to leave the house
unless the husband permits it. She should also never sleep outside the house
unless she has permission.
Third duty: To refrain from fasting voluntarily unless she has permission. Abu Hurayrah reported that the Prophet (peace be upon him) said: “It is not permissible for a woman to fast while her husband is present unless he permits it, nor is it permissible for her to allow anyone into the house unless he permits it.”
Fourth duty: Not to let anyone into the house unless he permits it. This is also derived from the above-mentioned hadîth.
Fifth duty: To guard his property. The Prophet (peace be upon him) said: “The best women who have ridden camels are those of Quraysh. They are the most tender to a young child and guard what their husbands own.” [Sahîh al-Bukharî]
Sixth duty: To serve and run the house in a reasonable fashion. This does not mean physical work on the part of the woman if a woman of her standing does not generally engage in physical work. It also does not mean physical work if her health does not permit it.
Third duty: To refrain from fasting voluntarily unless she has permission. Abu Hurayrah reported that the Prophet (peace be upon him) said: “It is not permissible for a woman to fast while her husband is present unless he permits it, nor is it permissible for her to allow anyone into the house unless he permits it.”
Fourth duty: Not to let anyone into the house unless he permits it. This is also derived from the above-mentioned hadîth.
Fifth duty: To guard his property. The Prophet (peace be upon him) said: “The best women who have ridden camels are those of Quraysh. They are the most tender to a young child and guard what their husbands own.” [Sahîh al-Bukharî]
Sixth duty: To serve and run the house in a reasonable fashion. This does not mean physical work on the part of the woman if a woman of her standing does not generally engage in physical work. It also does not mean physical work if her health does not permit it.
RIGHTS OF THE SPOUSES
A-The Wife’s
Rights; The Husband’s Obligations:
Because the Qur’an and the
Sunnah of the Prophet, peace and blessings be upon him, have commanded kindness
to women, it is the husband’s duty to:
1- Consort with his wife in
an equitable and kind manner. Allah Almighty says, “… and consort with them in
kindness.” (An-Nisa’: 19)
2- Have responsibility for
the full maintenance of the wife, a duty which he must discharge cheerfully,
without reproach, injury, or condescendence. Allah Almighty says: “Let
him who has abundance spend of his abundance, and he whose provision is
measured, let him spend of that which Allah has given him. Allah asks naught of
any soul save that which He has given it. Allah will vouchsafe, after hardship,
ease.” (At-Talaq: 7)
Components of Maintenance:
Maintenance
entails the wife’s incontestable right to lodging, clothing, nourishing, and
general care and well-being.
1- The wife’s residence must be
adequate so as to provide her with the reasonable level of privacy, comfort,
and independence. The welfare of the wife and the stability of the marriage
should be the ultimate goal.
2- What is true of the residence
is true of clothing, food, and general care. The wife has the right to be
clothed, fed, and cared for by the husband, in accordance with his means and
her style of life. These rights are to be exercised without extravagance or
miserliness.
Non-Material Rights:
A husband is commanded by the
law of God to:
1- Treat his wife with
equity.
2- Respect her feelings, and
to show her kindness and consideration.
3- Not to show his wife any
aversion or to subject her to suspense or uncertainty.
4- Not to keep his wife with
the intention of inflicting harm on her or hindering her freedom.
5- Let her demand freedom
from the marital bond, if he has no love or sympathy for her.
B. The Wife’s
Obligations; The Husband’s Rights:
The main
obligation of the wife as a partner in a marital relationship is to contribute
to the success and blissfulness of the marriage as much as possible. She must
be attentive to the comfort and well-being of her mate. She may neither offend
him nor hurt his feelings. Perhaps nothing can illustrate the point better than
the Qur’anic statement which describes the righteous people as those who pray
saying: “Our Lord! Grant unto us wives and offspring who will be the joy and the
comfort of our eyes, and guide us to be models of righteousness.”
(Al-Furqan: 74)
This is the basis
on which all the wife’s obligations rest and from which they flow. To fulfill
this basic obligation:
1- The wife must be faithful,
trustworthy, and honest.
2- She must not deceive her
mate by deliberately avoiding conception lest it deprive him of legitimate
progeny.
3- She must not allow any
other person to have access to that which is exclusively the husband’s right,
i.e. sexual intimacy.
4-She must not receive anyone
in his home whom the husband does not like.
5-She may not accept their
gifts without his approval. This is probably meant to avoid jealousy,
suspicion, gossip, etc., and also to maintain the integrity of all parties
concerned.
6- The husband’s possessions
are her trust. If she has access to any portion thereof, or if she is entrusted
with any fund, she must discharge her duty wisely and thriftily. She may not
lend or dispose of any of his belongings without his permission.
7- With respect to intimacy,
the wife is to make herself desirable; to be attractive, responsive, and
cooperative.
8- A wife may not deny
herself to her husband, for the Qur’an speaks of them as a comfort to each
other. Due consideration is, of course, given to health and decency.”
2.5 Social and Moral Education.
In Islam, the term ‘education’ in Islam is
understood and comprehended in a totally different manner to what is understood
within Western societies. As we
explored, the general understanding of an educated individual within Western
societies is someone who possesses critical faculties and is perceived as being
autonomous with aesthetic sensitivity. From an Islamic perspective an educated
individual might possess similar attributes; however the necessary component
that is required is belief and knowledge of how to worship God and how to live
life in accordance to the Islamic laws. There is no one word that describes
‘education’ within the Arabic language, however scholars generally tend to use
three different words.
Tarbiyah comes from the root word raba (to
grow, to increase, to rear, spiritual nurturing), which implies a state of
ethical and spiritual nurturing in developing the individuals potential and
guidance of the child to the state of complete maturity. Ta’dib is derived from
the root word aduba (to be refined, disciplined, cultured, well mannered),
which suggests the social aspects of a human being including the process of
character development and good social behavior. Ta’lim stems from the root word
of ‘alima (to know, to be informed, to perceive, to learn, to discern), this
refers to knowledge, the imparting and receiving of it through instruction and
teaching.
Halstead concludes that these three terms
suggests a possible analysis in three areas of Muslim education; ‘(i) aiding
individual development, (ii) increasing understanding of society and its social
and moral rules and (iii) transmitting knowledge. It can be said that these
three dimensions offer the fundamental objectives of Islamic education. In order to acquire a better understanding
these three areas need to be explored further.
TA’DIB
A fundamental component of the Islamic
faith is the concept of the ummah (the worldwide family of fellow believers)
that binds believers by transcending the barriers of nationality, ethnic
backgrounds, socio-economic status, languages, and cultural variances. Bearing
this in mind Islamic education can never be an individual affair because the
Muslim belongs to a worldwide family where ta’dib ensures that they can live
together in a state of peace and happiness with high moral and ethical values
defined by the Sharia (divine law). Education therefore, it can be said, is
used as the means to transmit and preserve a community’s or society’s cultural
heritage and traditional values.’ Halstead confirms, ‘In Islam, social existence
has exactly the same goal as the individual existence: the realization on earth
of divinely ordained moral imperatives.’ The Sharia integrates all aspects of
human life such as political, social and economic into a single worldview and
in doing so eliminates the concept of the separation between religion and
state. Halstead points out that compared to a ‘liberal perspective, the notion
of free will in Islam is thus an unsophisticated one.’ What Halstead is
pointing out is that there is a simple choice of whether one accepts Islam or
completely rejects it. A ‘pick-and-choose’ concept does not exist where one
might decide to accept a certain part of the belief and reject another part due
to social changes or any other reason. This is a very important principle for
if one rejects a part they have in fact rejected the entirety and have
undermined the credibility of it. The Qur’an addresses this matter in a firm
tone,
“Then do you believe in
a part of the Scripture and reject the rest?
Then what is the recompense of those who do so among you, except
disgrace in the life of this world, and on the Day of Resurrection they shall
be consigned to the most grievous torment.”
An important and relevant point to mention
here within the British context is with regards to teaching and learning of
citizenship in schools. Muslims believe
religious education comes prior to any teaching of citizenship; the approach to
social education needs to be compatible with Islamic principle. Al-Attas states that it is more important in
Islam to produce a ‘good man’ than a ‘good citizen’, ‘for the good man will be
a good citizen, but the good citizen will not necessarily also be a good man.’
TA’LIM
The term ‘education’ in Islam is
understood and comprehended in a totally different manner to what is understood
within Western societies. As we
explored, the general understanding of an educated individual within Western
societies is someone who possesses critical faculties and is perceived as being
autonomous with aesthetic sensitivity. From an Islamic perspective an educated
individual might possess similar attributes; however the necessary component
that is required is belief and knowledge of how to worship God and how to live
life in accordance to the Islamic laws.
There is no one word that describes
‘education’ within the Arabic language, however scholars generally tend to use
three different words. Tarbiyah comes
from the root word raba (to grow, to increase, to rear, spiritual nurturing),
which implies a state of ethical and spiritual nurturing in developing the
individuals potential and guidance of the child to the state of complete
maturity. Ta’dib is derived from the root word aduba (to be refined,
disciplined, cultured, well mannered), which suggests the social aspects of a human
being including the process of character development and good social behavior.
Ta’lim stems from the root word of ‘alima (to know, to be informed, to
perceive, to learn, to discern), this refers to knowledge, the imparting and
receiving of it through instruction and teaching.
Halstead concludes that these three terms
suggests a possible analysis in three areas of Muslim education; ‘(i) aiding
individual development, (ii) increasing understanding of society and its social
and moral rules and (iii) transmitting knowledge.’[2] It can be said that these
three dimensions offer the fundamental objectives of Islamic education. In order to acquire a better understanding
these three areas need to be explored further.
Tarbiyah (Individual development)
Sheikh Ahmed Aways explains Tarbiyah as,
“…very important, for
indeed all of the deen (religion) is based upon tarbiyah. This starts first of
all with the education and training of our own selves, then of our families,
and then of the community at large. But this tarbiyah is most important with
respect to our children…”
Tarbiyah could be understood as the type
of education that addresses the heart, body, mind and soul of an individual.
Tarbiyah places God at the centre of the individual’s learning experience. The
main aim of tarbiyah could be summed up as providing Muslims with positive
guidance in accordance with the Islamic tradition that will result in them
developing into ‘good adults’ who lead fruitful lives in this world and the
hereafter. Halstead explains that ‘good adults’ within an Islamic understanding
implies adults who accept the obligations of the divine and ‘seek to take on
the divine attributes such as hikma (wisdom) and ‘adl (justice).’They strive to
adopt a balanced approach with regards to their ‘integrated personality’
comprising heart, spirit and intellect; they strive to become insan kamil (the
perfect human being) and live their lives according to the teachings of the
Islamic principles.
2.6 Social Obligations. (RESPONSIBILITY)
Social responsibility in Islam is
understood to mean that the individual members of society work together to
fulfill the general needs of society as well as the individual needs of its
members and that they work together to protect society from harm. Each member
of society is aware not only that he has rights, but also that that he has
responsibilities towards others, especially those who are incapable of
fulfilling their own needs. These responsibilities entail providing for the
needs of these people as well as protecting them from harm.
The Scope of Social
Responsibility in Islam
Muslim society is one that applies
the belief system and laws of Islam, as well as the methodology, value system,
and codes of behaviour that Islam espouses. These are all articulated by the
Qur’an and Sunnah and exemplified by the Prophet (peace be upon him), his
Companions, and the Rightly Guided Caliphs.
When society adheres to these
principles and values, social responsibility becomes a tangible reality, every
aspect of which is fulfilled. This is because Islam pays careful attention to
society-building, providing a number of texts and legal injunctions to bring
about the society described by Allah’s Messenger (peace be upon him) when he
said: “The believers, in their affection,
mercy, and compassion for each other, are like a single body; if one limb feels
pain, the whole body becomes feverish and restless.”
Therefore, social responsibility in
Islam is not based on material interests, even if such interests form an
integral part of it. It extends far beyond such concerns to embrace all the
needs of society and its members, whether they are material in nature,
spiritual, intellectual, or otherwise. In this way, all the fundamental rights
of both the individual and society at large are attended to.
Likewise, social responsibility in Islam
is not only with regard to other Muslims; it extends to all of humanity,
irrespective of their different beliefs and ways of life. Allah says:
“Allah does not forbid
you to deal justly and kindly with those who fought not against you because of
your religion nor drove you out of your homes. Verily Allah loves those who deal
justly.” This mutual responsibility exists because of the honour and
dignity of every human being. Allah says: “And
indeed We have honoured the descendants of Adam and carried them on land and
sea, and We have provided them with all the good things and have preferred them
over much of what We have created.”
The Domain of Social
Responsibility in Islam
Islam considers social responsibility
to be one of its fundamental objectives. It extends to all of humanity,
believers and disbelievers alike. Allah says:
“O mankind. We have
created you from a male and female and made you nations and tribes so you could
come to know one another. Verily, the most honourable of you with Allah are the
most righteous.”
Social responsibility encompasses everyone by degrees. It
starts with the Muslim and his personal sphere of life, extends to his family,
then to the society that he lives in, and finally to all the diverse societies
that exist on Earth.
Responsibility to
Oneself:
Every person is responsible for
himself. He is responsible to keep himself pure, cultivate good manners, reform
his faults, do good things and refrain from evil. Allah says:
“By the soul and Him
who perfected its proportions; then He showed him what is wrong for him and
what is right. Indeed, he who purifies himself succeeds. And indeed, he who
corrupts himself fails.”
Likewise, he is responsible to
protect himself and to maintain his health. He must provide for himself in a
lawful manner. Allah says: “Seek, with
what Allah has bestowed upon you, the Hereafter, and do not forget your share
of this world; and do good as Allah has been good to you, and seek not mischief
in the land. Verily, Allah does not like the mischief makers.”
A person is forbidden to kill
himself, weaken himself, or inflict pain upon himself. Allah has prohibited
suicide by saying: “And do not kill
yourselves. Surely, Allah is Most Merciful to you.”
Allah’s Messenger (peace be upon him) said: “Whoever kills himself with an iron blade
will continually thrust it into his stomach for eternity in the fire of Hell.”
Likewise, it is prohibited for a person to
take things that harm his health or impair his ability to think. Preserving
life, reason, and property are among the most important objectives of Islamic
Law. Allah says regarding intoxicants:
“O you who believe,
wine, gambling, idolatry, and divination are all an abomination of Satan’s
handiwork, so avoid them that perhaps you might be successful. Satan wants only
to excite enmity and hatred between you with wine and gambling and hinder you
from the remembrance of Allah and from prayer. Will you not, then, abstain?”
Responsibility to
One’s Family:
Islam stresses mutual responsibility
between family members, making it the solid foundation that protects the family
from collapsing or splitting apart. This responsibility starts with the husband
and wife. They have a shared responsibility to carry out the obligations and
duties of family life in the manner that Allah has made each of them naturally
disposed to carry out. Allah’s Messenger (peace be upon him) said: “A man is a guardian over his household and
he is responsible for those in his care. A woman is a guardian over her
husband’s household and she is responsible for those in her care.”
Household responsibilities are
divided between the man and the woman in a way that guarantees the material and
spiritual foundations of the family. Allah addresses the men and women who run
their homes with the following words: “O
you who believe, protect yourselves and your families from a fire whose fuel is
men and stones.”
This protection cannot happen except
if the truth is made clear and proper education is provided that clearly show
the way to righteousness. The husband and wife share the responsibility for the
education and cultural development of the family. Whenever either one of them
finds the other negligent in these duties, he or she must bring this to the
other’s attention and call the other to what is right.
Islam encourages the cultivation of love
and affection between the man and woman in their marital life. Allah says: “And from His signs is that he created for
you mates from amongst yourselves to find comfort in and he placed between you
affection and mercy.” Islam has established a number of principles to bring
this about:
A. Preserving the rights of the husband and wife:
Allah says: “And they (the women) have rights (over their husbands) similar to
(their husbands’) rights over them.”
B. Choosing a good marriage partner:
The family unit is where children are brought
up. It is imperative that this unit is established on a correct foundation.
Allah’s Messenger (peace be upon him) said: “A
woman is married for four reasons: for her wealth, her status, her beauty, or
her religion. Marry the religious one or your hands will be covered with dust.”
With respect to what a woman should seek in a
husband, Allah’s Messenger said: “If a
man whose religion and conduct pleases you approaches you (to marry from your
family), then let him marry. If you do not do so, then there will be a lot of
mischief and moral degradation in the land.”
C. Good conduct between the husband and wife:
Islam encourages good conduct between the
husband and wife. This is established in the texts of the Qur’ân and Sunnah.
Allah’s Messenger (peace be upon him) said: “The
believers who have the most perfect faith are the best in conduct, and the best
men among you are the ones who are best to their wives.”
D. Providing for one’s family:
Wealth is necessary to provide for the
material needs of life. Since, the husband is responsible for his wife, he is
responsible to provide for her. Allah says: “Let
the wealthy man spend according to his means; and the man whose resources are
restricted, let him spend from according to what Allah has given him. Allah
does not put a burden on a person greater than what He has given him. Allah
will grant, after hardship, ease.”
E. Caring for and raising children:
Islam stresses the right of small children to
be cared for and properly brought up, making it the most important duty of the
parents. Islam does not consider it sufficient to rely on the parents’ natural
inclinations. It reinforces these instincts with specific regulations that
guarantee that the children will receive a proper upbringing and enjoy all of
their rights. From the time of birth, the sacred texts discuss completing the
period of nursing. Allah says: “The
mothers shall nurse their children for two whole years if they desire to
complete the term of suckling. The father of the child shall bear the cost of
the mother’s food and clothing on a reasonable basis.”
The right of proper upbringing is also
clearly stated. Allah says: “O you who
believe! Protect yourselves and your families from the Fire.”
Allah’s Messenger (peace be upon him) said: “Order your children to pray when they are
seven years old, and when they become ten, beat them if they fail to do so and
separate their sleeping quarters.”
Responsibility to
Society:
Islam makes the individual and society
responsible for each other. It requires each to fulfill its duties to the
other. It brings public and private interests together in such a way that
fulfilling individual interests becomes a means of realizing the general good
and likewise, realizing the general good entails realizing the good of the
individual.
The individual in Muslim society is
responsible to help in preserving the general order and to refrain from any behavior
that could harm society or work against its interests.
Allah says: “The believers, men and women, are protectors of one another; they
enjoin what is right, forbid what is wrong, perform prayer, keep the fasts, and
obey Allah and His Messenger. Allah will have mercy on them. Surely Allah is
Almighty, All Wise.”
The individual, moreover, is
commanded to play an active and effective part in society. Allah says: “Help one another in righteousness and
piety, but do not help one another in sin and transgression.” Allah’s
Messenger (peace be upon him) said: “The
believers, men and women, are like a building where every part of it supports
the rest.”
Responsibility towards
the elderly
Islam pays special attention to the
elderly. It considers them to have a right to be cared for in repayment for the
sacrifices that they have made to ensure the prosperity of the generation that
they raised and nurtured. In Islam, the responsibility to take care of the
elderly starts with the children. Allah says: “And we have enjoined on man to be good and dutiful to his parents.”
The responsibility of children to
care for their parents and treat them kindly is compulsory, both religiously
and in the court of Law. It is, first and foremost a religious commandment upon
the children. Then, if they are neglectful in their duties to their parents,
the courts can force the children to perform them. It does not matter if the
parents are of a different religion; their rights are still the same. Allah
says:
“And we have enjoined
on man to be dutiful and good to his parents. His mother bore him in weakness
and hardship upon weakness and hardship, and his weaning was in two years. Give
thanks to Me and to your parents. Unto me is the final destination But if they
both strive to make you join in worship with Me others of which you have no
knowledge, then obey them not; but, in the world, behave with them kindly.”
If elderly people do not have
children, the responsibility to care for them is transferred to society in the
form of mandatory state support.
Caring for the elderly is not merely
on the material level. Spiritual and emotional support that the elderly desperately
need, also come into play. Allah says:
“If one of them or both
of them attain old age in your lifetime, say not to them a word of disrespect,
nor shout at them, but address them in terms of honor. And lower unto them the
wing of submission and humility through mercy and say: “My Lord, bestow on them
Your Mercy as they did bring me up when I was young.”
Responsibility towards
Children and Orphans
When children lose their parents, the
responsibility to care for them is transferred to other close relatives who are
able to do so. There is a legally prescribed order of succession for
guardianship. In the absence of relatives, the responsibility falls on society
and the state.
There are a number of verses in the
Qur’an that encourage taking care of the orphans and inspire the believer to do
so. This is above and beyond the fact that this responsibility is a legal
obligation that can be enforced by the state that acts on behalf of society.
Allah says the following in the Qur’an:
“Therefore, treat not
the orphan oppressively. And repulse not the beggar.”
“And do good deeds to
parents, kinsfolk, orphans, the poor…”
“…and gives his wealth,
in spite of his love for it, to the kinsfolk, the orphans, the poor…”
“Have you seen the one
who denies the Judgment? That is the one who repulses the orphan, and urges not
the feeding of the poor.”
One manifestation of this care in
Islam is the protection and investment of the orphans’ wealth. Every form of
conduct that could be harmful to that wealth must be strictly avoided. Allah
says the following:
“And come not near to
the orphan’s property except to improve it until he attains the age of full
strength.”
“Verily, those who
unjustly consume the property of orphans, they consume only fire into their
bellies and they shall be scorched by the blazing Fire.”
“And test the orphans
until they reach the age of marriage; if then you find in them sound judgment,
release their property to them, and do not consume it wastefully and hastily,
fearing that they should grow up.”
Responsibility to the
poor and the destitute
Islam teaches its believer to commiserate
with the poor and the destitute, alleviating their difficulties, and giving
them assistance, both material and otherwise. Islam, when confronting the
problems of society, sets a minimum that is needed for proper living. Beyond
this, it encourages and paves the way for voluntary acts of charity by
describing the awards that await the charitable in the worldly life and in the
Hereafter.
Islam uses the same approach to
combat poverty that it uses to deal with other problems of life and society. It
encourages voluntary acts of good to help the poor while simultaneously
prescribing the mandatory Zakah tax to ensure that society takes complete
responsibility over those who cannot find work and do not have the resources to
fulfil their needs. The rate of this tax is 2.5% of society’s wealth that is
collected by the state each year for redistribution to the poor, the destitute,
and other eligible recipients who are defined by Allah Almighty in the Qur’an.
Allah says: “The charity tax is only for the poor, the destitute, those employed to
collect it, to encourage those whose hearts are inclined towards Islam, to free
captives, for those in debt, for the cause of Allah, and for the wayfarer; a
duty imposed by Allah. And Allah is All-Knowing, All-Wise.”
The Responsibility of
the State
Though Islam pays close attention to
social responsibility on the individual level, it does not stop there.
Alongside the individual measures, it establishes general measures that the
state is responsible to carry out. Among these measures are the following:
1. Safeguarding natural resources:
This entails assuring the proper
utilization of the country’s natural environment, including the mineral
resources of the land and sea as well as all other forms of wealth that Allah
has placed in the Earth. Allah has made humanity responsible for these
resources and has given mankind the power to turn such resources to his benefit
in order for society to realize the highest standard of living possible for all
of its members, not just for a select few.
If only every nation would fulfil its duty
in this regard and distribute the benefits of these resources in a just manner
– by providing general services and opportunities for work - then the world’s
societies would surely enjoy phenomenal growth and development.
2. Creating opportunities for employment:
This entails seeking out the best
solutions for confronting unemployment and establishing constructive programs
to contribute to general development. Such programs can provide work for idle
hands in a completely just manner that takes into consideration the general
needs of society and gives preference to the poorer and more deprived sectors
of society.
An event
that occurred at the time of the Prophet (peace be upon him). A man came to
Allah’s Messenger (peace be upon him) begging, so he gave him a silver coin and
ordered him to buy an ax and go to the wilderness to collect wood and then
return after a period of time. When the man returned, he informed Allah’s
Messenger (peace be upon him) that he had earned enough to fill his needs and
even gave some money in charity. Allah’s Messenger (peace be upon him) then
said: “That one of you should take his
rope and go collect wood is better for him than to go around begging people,
whether or not they give anything to him.”
3. Organizing individual efforts:
The state has the responsibility of
organizing and regulating the efforts of individuals in fulfilling their social
responsibilities in the ways that we have previously discussed. This is
especially true for the Zakâh tax and endowments. This entails enacting the
necessary legislation to ensure that the objectives of these individual efforts
are realized, like eliminating poverty and closing the gap between the haves
and have-nots. In the context, the Qur’an comes with the following command for
Allah’s Messenger (peace be upon him) and for all Muslim leaders who come after
him: “Take from their wealth the charity
tax.”
4. Utilizing the property of the wealthy when necessary:
When society is faced with unusual
circumstances whereby the division of wealth reaches an intolerable level of
imbalance and the state with its resources is incapable of fulfilling its
duties and responding to the needs of society, at this time it is permissible –
and sometimes even necessary – to levy against the property of the wealthy what
will restore a normal social balance. This is the opinion of the majority of
jurists, provided that the state acts justly and solely in the interests of
society and the general welfare.
CONCLUSION
It is not easy to predict the future of
anything, including the future of the social institution in Islam. But we do
know at least one thing. The strongest defenders of the family come from among
the followers of the religions. We can say that the future of the family will
depend very much on the strengths of the religions. The responses to the
threats and challenges to the social institution will be the more formidable if
the followers of Islam were to work together in confronting those threats and
challenges.
REFERENCES
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