"Say We believe in God and what is revealed to us and what was revealed to Abraham and Ishmael and I`saac and Jacob and the Tribes, and what was entrusted to Moses and Jesus and the prophets from their Lord. We make no distinction between any of them and to Him we have surrendered."
(Quran 3: 84)
ISLAM wants to build a model society. It gives utmost attention to the family
lives of the believers. In the Holy Quran, the principles of marriage are set
out for the welfare of both the individual and the society. Marriage is a social
duty on the part of the community to preserve humankind, as well as providing a
medium for love and mercy between men and women.
In Islam marriage is a pledge
and a covenant between the married couple. Allah says "They have taken from
you a solemn covenant" (4:21). It is a covenant in which each partner has
to abide by his obligations. The worth of this solemn covenant in fact lies in
the implication of protection, love and mercy. It is not a title deed, a sale
contract a lease or any sort of slavery. The choice of a wife is restricted only
to those whom Islam has permitted a man to wed and this is elaborately explained
in Surah Al Nisa.
Like other contracts, marriage in Islam is a sort of contract
that does not require a clergy, nor does it require a religious ceremony. Islam
considers marriage a mithhaq (covenant) settled on mutual agreement and
understanding between man and woman.
The basic condition for a marriage to take
place is the acceptance of both parties involved, and the presence of two
witnesses. The mutual consent is technically called ijab (affirmation or
declaration) and qubul (acceptance or consent). This shows that no woman can be
forced to marry a particular man without her consent. A majority of the Islamic
scholars agree that the consent of woman's wali (guardian) is a condition for
the validity of the contract.
The Holy Quran says that men are the protectors
and maintainers of women because Allah has given them more physical strength
than women and they (men) are supposed to support them from their means. The
qualities of patience, forbearance, obedience and devotion are bestowed more in
women to strike a happy balance among the family. Allah has described a caring
husband and an obedient wife as most righteous.
It has been made clear that the
obedience is first towards Allah. Neither husband nor wife should tolerate the
other's follies or sins if these are against Allah's injunctions. It is human
nature for squabbles to take place and misunderstandings to occur, but the
husband and wife have been asked to fear Almighty Allah, be patient, and
exercise self-restraint - all qualities most appreciated by Almighty God.
The
Holy Quran has laid down clear cut measures for settling disputes between
married couples. Both men and women should admonish in a polite manner in case
they find fault with each other. Harsher measures are detrimental to the
interest of the family. Use of physical force or abusive language, under any
circumstances, have been forbidden between wife and husband and between parents
and children. Even in the worst situation of disputes between wife and husband,
resorting to violence or use of loud and harsh words are not permissible. As a
last resort, arbitration has been suggested, though it is discouraged as much as
possible.
The relationship between the husband and wife is described in the Holy
Quran thus: "They are as a garment to you and you are garment to
them". The husband and wife are for mutual support, mutual comfort and
mutual protection. The husband and wife who are bound together by love and
tenderness that Almighty God has put between them. The Holy Quran says:
"The best garment is the garment of God - consciousness", meaning
thereby to follow the orders and guidance of Holy Quran. Thus wife and husband
can overcome the shortcomings of each other and be supportive for each other and
eventually can take good care of their children who by and large form a small
unit in a larger society.
The Holy Quran lays the greatest possible stress on
kindly and good treatment towards the wife. Kindness and tolerance are even
recommended in the case when the wife and husband are temporarily estranged from
each other. Upon marriage, Islam has asked the man to give mehr to his wife as a
"free gift", out of sheer good will and conviction that it is her own.
It is not the right of husband to benefit from it. Unless she allows this
herself. This is the case of every person who has the right to possess and use
his own property.
In this way Holy Quran establishes women's right of true
property ownership, free of control or dominance on the part of husband.
- (KT
28/9/2001)
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