FAMILY LAW

Course.
By: Khalid Mohamoud Hassan.
 What can you define a
Family?
And what is Family Law?
 Introduction
Family is a socially recognized group (usually joined by blood, marriage, or
adoption) that forms an emotional connection among its members and that
serves as an economic unit of society.
Family is the basic unit of a society; it has social as well as economic
importance in any society. Naturally, persons bound by consanguinity and
affinity are united to form the community. With time, the growing family
has a tendency to become a tribe. The formation of a tribe entails the
splitting up or disintegration of the family, so as to make a new and
additional family in the society. With the increase in the number of families
arise various issues; like responsibilities and rights of the family members.
The need to have a law governing the family relationship is somehow tied
with the development of family through time. Considering this need,
societies have developed one branch of law solely dealing with issues
related to the family and it is Family Law.
Cont.…
Family Law is the branch of law which sets the rules to govern the ongoing
responsibilities of family members to each other; both at the time families are
formed and after relationships dissolve. .
The application of the family law begins at the time of formation of family
through marriage. Its application extends throughout the life time of the
existence of the family relationship as well as at the time of its dissolution.
Objectives
At the end of this chapter, students will be able to:
 Discuss the meaning and sources of family law.
 Analyze the rationale behind protection and regulation of family.
 Understand the different sources of family relationship.
 Discuss the effects of family relationship.
 1.1. Definition of Family Law
There is no generally accepted definition of family law. Family law is
usually seen as the law governing the relationship between children and
parents and between adults in close emotional relationships. Many areas of
law can have an impact on family life: tax laws, immigration laws as well as
insurance laws have great connection with family law.
1.2. Rationale Behind Protection and Regulation of the Family
As Planiol mentioned earlier family is a group of persons who are united by
marriage, by filiations or by adoption. Another more or less similar definition
is given by Murdok. In that definition, family is considered as a social group
characterized by common residence, economic cooperation, and
reproduction.
From the definitions given above, it can be categorized the family into
nuclear and extended family. The first and basic type of family organization
is the nuclear family.
Cont.…..
Nuclear Family basically consists of a married man and woman with
their offspring. In other words Nuclear Family is a family group that
consists of only parents and their children.
On the other hand an Extended Family, consists of two or more nuclear
families affiliated through an extension of the parent-child relationship
rather than of the husband-wife relationship. In other words Extended
family is include grandparents and sometimes other relatives.
The family is the nucleus of the society, and hence much depends on its
safety and security. As Planiol correctly notes, the small family group is
the most essential element of all those which compose the great
agglomerations of men which are called nations. The family is the
irreducible nucleus and the whole is worth what it itself is worth or when
it is impaired or dissolved, all the rest crumbles. Factors affecting a
single family will later on have the effect of the whole society.
Cont.…..
Most of states use different means to regulate and control the formation
as well as the effects of forming a family. One basic means of doing so
is through legislations. Laws have various functions within a state.
'Laws do more than distribute rights, responsibilities, and punishments.
Laws help to shape the public meanings of important institutions,
including marriage and family. The best interdisciplinary studies of
institutions conclude that social institutions are shaped and constituted
by their shared public meanings. According to Nobel Prize winner
Douglass North, institutions perform three unique tasks. They establish
public norms or rules of the game that frame a particular domain of
human life. They broadcast these shared meanings to society. Finally,
they shape social conduct and relationships through these authoritative
norms.
Hence, the state protects and regulates the family by using its legislative
power.
What do you think are the
different sources of family
relationship?
 Sources of Family Relationships
There are three sources of family relationships namely, consanguinity,
marriage and adoption. The status of the persons as well as the rights
and obligations of the persons differs with the difference in the source
of the relationship. This section deals with the different sources of
family relationships and the effects of the relationships.

1. Relationship by Consanguinity
Relationship by consanguinity results from the birth. It is ‘the tie which
exists between two persons, such as the son and the father, the grandson
and the grandfather; or those who descend from a common ancestor,
such as two brothers, or two cousins. Hence, relationship by
consanguinity is a natural fact which is derived from birth.
 2. Relationship by Marriage
Relationship by marriage or affinity is created as a result of marriage.
'Relatives through marriage are persons who are not relatives, but
which join the family by means of a marriage. When a marriage is
concluded, the relationship is formed between one of the spouses with
the blood relatives of the other spouse. The woman who marries
becomes the daughter in law (by marriage) of the father and mother of
the husband and the husband becomes the son in law of the mother and
father of the wife. The two spouses are considered as being only one, so
that all the relationships of the one become, by the effects of marriage,
common to the other. One thing which needs to be noted here is the fact
that the relationship created does not go beyond this. That means, a
relationship does not exist between the relatives of one spouse with the
relatives of the other spouse.
 3. Relationship by Adoption
Relationship by adoption is created as a result of a special contract
between the adopter and the original families of the adopted child. Unlike
blood relationship, it is a fictitious relationship which resulted from the
agreement of the parties to the adoption contract. However, it is also an
imitation of the real relationship.
What is an Adoption?
The concept of adoption is understood differently in various culture.
Despite that it is good to have a look at few definitions with a view to
shedding light on the concept. For instance, Black’s Law Dictionary
defines adoption as: The creation of parent-child relationship by judicial
order between two parties who usually are unrelated.
The Ethiopian Civil Code of 1960 defines adoption as a bond of filiation
created artificially by a contract of adoption between the adopter and the
adopted child
Cont.…..
Under Ethiopian law, filiation is a grouping of persons based on blood
relationship. Adoption is, therefore, acceptance of the rules of filiation in which
such relationship is created artificially.
In general, adoption is a way of home finding to children who have lost their
natural parents by death, desertion, or their misconduct, and in a secondary
degree for children whose parents are unable or unwilling to maintain them. And
it is the practice of absorbing a child into a family that a child is not born into
and giving it the legal rights and duties of a child that is naturally born to the
adoptive parents.
Effect of Family Relationship
There are various effects which resulted from the relationship. Relationships give
rights; they also create obligations, not only this but also carry
incapacities/prohibition. Hence, we can talk about three effects of a relationship:
creation of rights, creation of obligations and making the related persons
incapable of performing some juridical acts.
Cont.…..
Rights emanating from a relationship: relationship results in the right
of the relatives to take the estate of the deceased relative. That is to say,
a right of succession is one of the effects of a family relationship.
Secondly, there is also the right of destitute relatives to get maintenance
from the other relatives. Parents will also have a right over the person
and the estate of their children.
Obligations emanating from relationship: The first obligation is that
of alimony. Relatives have the obligation to provide alimony for the
destitute relatives who cannot have their own means of income.
Moreover, there is also the duty on the parents to take custody and raise
their children. Also there is an obligation on the father and mother of the
minor child to be the joint guardian and tutors during the life time of
their marriage.
Cont.…..
Taking custody of children also involves making decisions in
respect of the residence, health, education as well as social
contacts of the child. On top of this, there may be property
inherited by the child. The parents or in their absence, the
ascendants will have the obligation to administer the property
on behalf of the child.
Prohibition/Incapacities emanating from relationship: The
family law prohibits marriage between close relatives such as
brother and sister, your real aunty or uncle. The incapacity to
marry is one type of incapacity resulting from relationship.
 The Role of Family in Society
Every society is built by people with different functions in order to
make it survive, from public workers to educators and religious clergy.
It has been said that the family is the bedrock of society and can be
proven by the fact that all over the world every society is structured by
the same pattern. A man and woman marry and form a family. This
process is repeated multiple times making multiple families which form
villages, regions, and eventually countries. When several countries
come together, they form a continent and all of the continents make up
the world. The foundation of this entire process is the family.
The family has a crucial role in society by being a model of love in three
different aspects; love for the children, love between husband and wife,
and finally love in promoting moral values.
Cont.…..
Families are essentially the building blocks of society. Family units serve as
the nursery for the citizens that become the population of a society. In other
words, families are responsible for the development of children into the adults
will later collectively be society. As each of us in influenced and formed by our
surroundings, so too is our society. Families are so important to society
because they are the foundation society is built upon. The values of the
families will be reflected in society at large
The family is considered as the core of the society because it is the place where
its members are most personally affected. This is the easiest place to instill
values and create change. When families believe they can achieve and help
others and lift each other up to prosper and reach greater heights, the society
can do great things.. The impact of family on society is small when you speak
of only one family. However, it is huge when you speak of families
collectively. And because we all influence each other in our connected
communities, we can all make a positive difference. The role of family in
society is creating the foundational building blocks that shape the future of our
Cont.…..
As people we are created to be visual with a need to see illustrated models of
things that are important to our lives, especially the love relationship between
children and their parents.
As children we learn everything by watching the examples or models of
others such as eating and walking. The family functions the same way. For
example, sons who have seen their parent’s abuse alcohol or show extreme
violence towards one another, practice these same activities. The role of the
family is to give a good model so that others within the society can imitate
resulting in the edification of the society.
One of the most important roles of the family in society is to show the much-
needed model of love between husband and wife. During this crucial time in
history while moral values are declining, the family must love moral values
by living according to and promoting them throughout the easily misguided
society.
Cont.…..
The family must promote marriage as being between one man and one
woman and that any other marital relationship outside of this is harmful
as well as dangerous.
The family has a decisive role having the capacity and responsibility to
impact the entire society by its positive example. The parents must show
love towards their children by spending time with them and building
intimate, personal relationships. Spouses must love each other.
In order to fulfill its role in society the family must educate children in
moral values so that they will mature and pass on these values to the
future generations making society a safe and happy place for all people
to live and enjoy.
Cont.…..
One way to see what a society values is to look at whom a society
respects. Usually, people show more respect to people and to things that
they value highly. Whenever you treat people with disrespect, your child
will certainly notice. Children are sponges that soak
up everything around them, and many times we forget that they are
watching us.
However, as a whole, many of us agree and desire to share with our
children values of respect, compassion, fairness, and responsibility to
name a few.
Chapter Two: Marriage in Islamic Context
2. Introduction
The previous chapter, presented the meaning of family as well as the
sources of relationship of family. As we have correctly observed, one and
the major source of family relationship is marriage. What is marriage?
Objectives
After completing this chapter, students will be able to
• Define engagement
• Define marriage in Islamic Perspective
• Clarify the purpose of marriage
• Understand women allowed to marry in Islam.
 Provision of Marriage and its Effects
One of the key factors in building a good marriage is, of course, the
selection of the right person with whom to spend the rest of life. The
Muslim person who seeks marriage must have his/her priorities straight and
be clear about which characteristics are most important in a spouse in order
to have a successful marriage. There are many characteristics that are
important in a husband or a wife but some are exceedingly more important
than others. Emphasizing the wrong qualities can lead to disaster down the
road just as being neglectful of certain considerations can do likewise.
Understanding the goals and priorities of marriage in Islam may guide the
Muslims to the Islamic methodology of seeking marriage in Islam and stop
them from blindly following the disbelievers in their ignorant notions of
the importance of 'getting to know each other' and other such concepts
which in reality contribute nothing to and, more often, sabotage a marriage.
 Engagement
Engagement according to Share ’ah means that the man asks the woman to
marry him. The view of the scholars is that engagement is prescribed for
one who wants to get married. Allah says in Holy Quran:
“ ‫واَل ُج َناَح َع َلۡي ُك ۡم ِفۡي َم ا َع َّر ۡض ُتۡم ِبٖه ِم ۡن ِخ ۡط َبِة الِّنَس ٓاِء َاۡو َاۡک َنۡن ُتۡم ِفٓۡى َاۡن ُفِس ُك ؕۡم َع ِلَم ُهّٰللا َاَّنُك ۡم َس َتۡذ ُك ُر ۡو َنُهَّن‬
‫َو ٰل ـِكۡن اَّل ُتَو اِع ُد ۡو هُهَّن ِس ًّر ا ِاۤاَّل َاۡن َتُقۡو ُلۡو ا َقۡو اًل َّم ۡع ُر ۡو ًفا َو اَل َتۡع ِزُم ۡو ا ُع ۡق َد َة الِّنَک اِح َح ّٰت ى َيۡب ُلَغ اۡل ِكٰت ُب َاَج َلٗه‬
‫“ ”َو اۡع َلُم ٓۡو ا َاَّن َهّٰللا َيۡع َلُم َم ا ِفٓۡى َاۡن ُفِس ُك ۡم فَفاۡح َذ ُر ۡو ُه َو اۡع َلُم ٓۡو ا َاَّن َهّٰللا َغ ُفۡو ٌر َح ِلۡي ٌم‬
There is no blame upon you whether you hint at a marriage proposal to
such women or keep the proposal hidden in your hearts. Allah knows that
you will think of them in that connection. But do not make any secret
engagement with them and speak openly in an honorable manner. Do not
resolve on the marriage tie until the ordained term has come to its end.
Know well that Allah knows even what is in your hearts. So, have fear of
Him and know well that Allah is All-Forgiving, All-Forbearing.” (2:235)
Cont.…..
The Prophet Muhammad (Peace and blessing of Allah be upon him)
taught his followers in many Hadiths about the various characteristics
which one looks for in a spouse and their relative importance. Among
those Hadith is the following:
“A woman is married for her religion, her wealth or her beauty. You
must go for the one with religion, may your hands be in the dust! (if you
fail to heed). And: “If someone with whose piety and character you are
satisfied comes to you, marry to him. If you do not do so, there will be
trials in the earth and a great deal of evil.”
This is one of the essential elements to establish an engagement.
Cont.…..

It was narrated that the Prophet (peace and blessings of Allah be upon
him) got engaged to ‘Aa’ishah and Hafsah. (Al-Bukhaari, al-Nikaah)
The Messenger of Allah (peace and blessings of Allah be upon him)
encouraged the one who wants to get engaged to look at the woman to
whom he wishes to propose. According to the hadeeth,
‫ َقاَل َقاَل َر ُسوُل ِهَّللا صلى هللا عليه وسلم " ِإَذ ا َخ َطَب َأَح ُد ُك ُم اْلَم ْر َأَة َفِإِن‬،‫َع ْن َج اِبِر ْبِن َع ْبِد ِهَّللا‬
" ‫اْس َتَطاَع َأْن َيْنُظَر ِإَلى َم ا َيْد ُع وُه ِإَلى ِنَك اِح َها َفْلَيْفَع ْل‬
“When any one of you proposes marriage to a woman, if he can look at
that which will encourage him to go ahead and marry her, then let him
do so.”
Characteristics for Choosing Good Spouse
Some of the most important characteristics that can be found in the Qur’an
and the Sunnah (prophetic tradition) related to selecting good spouse
include:
 Religion
The Prophet (Peace and blessing of Allah be upon him) mentioned various
characteristics that people, by their nature and custom, look for in a spouse.
‫عَْن َأِبي ُهَر ْيَر َة ـ رضى هللا عنه ـ َع ِن الَّنِبِّي صلى هللا عليه وسلم َقاَل " ُتْنَك ُح اْلَم ْر َأُة َألْر َبٍع ِلَم اِلَها‬
" ‫ َفاْظَفْر ِبَذ اِت الِّد يِن َتِرَبْت َيَد اَك‬،‫َو ِلَح َس ِبَها َو َج َم اِلَها َو ِلِد يِنَها‬.
The Prophet(‫ )ﷺ‬said, “A woman is married for four things, i.e., her
wealth, her family status, her beauty and her religion. So you should marry
the religious woman.”
Cont.…..
The Prophet did not advocate any of them, but merely stated them as
facts of human nature, except for the issue of religion, i.e., a prospective
spouse's piety and practice of Islam, their fulfilling of what is
mandatory and their avoidance of what is unlawful.
The characteristic of piety applies to the groom just as much as to the
bride. The guardian of the woman should make this his first and top
priority, just as the man looking for a wife should make it his. The
Prophet (‫ )ﷺ‬said
‫عَْن َأِبي ُهَر ْيَر َة َقاَل َقاَل َر ُسوُل ِهَّللا َص َّلى ُهَّللا َع َلْيِه َو َس َّلَم ِإَذ ا َخ َطَب ِإَلْيُك ْم َم ْن َتْر َض ْو َن ِد يَنُه َو ُخ ُلَقُه‬
‫”َفَز ِّو ُجوُه ِإاَّل َتْفَع ُلوا َتُك ْن ِفْتَنٌة ِفي اَأْلْر ِض َو َفَس اٌد َع ِريٌض‬
“If someone with whose piety and character you are satisfied comes to
you, marry to him. If you do not do so, there will be trials in the earth
and a great deal of evil.”
 Character and Behavior
In the previous Hadith addressed to those in charge of the marital affairs
of Muslim women and girls, the Prophet (Peace and blessing of Allah be
upon him) commanded them to facilitate their marriage when they are
satisfied with two issues: the faith of the suitor and his character.
Character is of extreme importance in Islam and goes hand in hand with
faith and piety. The Prophet has even described it as the purpose of his
mission to mankind.

.ِ‫ ِإَّنَم ا ُبِع ْثُت ُأِلَتِّم َم َص اِلَح اَألْخ الق‬: ‫ َأَّن َر ُسوَل ِهللا صلى هللا عليه وسلم َقاَل‬،‫عَْن َأِبي ُهَر ْيَر َة‬
“I have only been sent to complete good character”;
Cont.…..
The Prophet (‫ )ﷺ‬also clarify that the person in good character has the
highest rank in Jannah.
‫ َقاَل َقاَل َر ُسوُل ِهَّللا صلى هللا عليه وسلم " َأَنا َز ِع يٌم ِبَبْيٍت ِفي َرَبِض اْلَج َّنِة ِلَم ْن‬،‫عَْن َأِبي ُأَم اَم َة‬
‫َتَر َك اْلِمَر اَء َو ِإْن َك اَن ُمِح ًّقا َو ِبَبْيٍت ِفي َو َسِط اْلَج َّنِة ِلَم ْن َتَر َك اْلَك ِذَب َو ِإْن َك اَن َم اِزًح ا َو ِبَبْيٍت ِفي‬
‫“َأْع َلى اْلَج َّنِة ِلَم ْن َح َّس َن ُخ ُلَقُه‬
The Prophet (‫ )ﷺ‬said: “I guarantee a house in the surroundings of
Paradise for a man who avoids quarrelling even if he were in the right,
a house in the middle of Paradise for a man who avoids lying even if he
were joking, and a house in the upper part of Paradise for a man who
made his character good.”
Cont.…..
One of the important issues of character in the mates is the quality of
intimacy. This means to be kind, loving and compassionate. Therefore,
the prospective spouse must ask and find out about the other person's
behavior and manners. As a sign also, one may look at the manners and
behavior of the other person's family, for often (but not always) the
behavior of people of the same family are similar. In other words, some
characteristics whether good or bad, tend to run in some families such
as anger, politeness, stinginess, generosity, lying, truthfulness and so
forth.
 Child-Bearing
The Prophet (Peace and blessing of Allah be upon him) recommended
men to marry women who are child-bearing. This characteristic is
related to some of the goals and purposes of marriage that were
mentioned earlier such as enlarging the Muslim Ummah (community),
raising pious families as cornerstones of society, and so forth. The
Prophet said: “Marry the loving and the child-bearing, for I shall
outstrip the other nations with your numbers on Doomsday.”
The scholars mention that a man can look at a woman's female relatives
to get an idea whether she is apt to get pregnant easily and often or not.
This attribute should also apply to the man. For example, a Muslim man
who had a vasectomy before getting married would not be an
appropriate husband for a Muslim girl getting married for the first time.
 Virginity
There are many Hadiths which recommend a man to marry a virgin woman, such as
the Hadith of Jabir (May Allah be pleased with him) when married an older and
previously married woman, the Prophet (Peace and blessing of Allah be upon him)
remarked:
‫ رضى هللا عنهما َيُقوُل َتَز َّو ْج ُت َفَقاَل ِلي َر ُسوُل ِهَّللا صلى هللا عليه وسلم " َم ا َتَز َّو ْج َت َفُقْلُت‬،‫َج اِبَر ْبَن َع ْبِد ِهَّللا‬
‫َتَز َّو ْج ُت َثِّيًبا َفَقاَل " َم ا َلَك َو ِلْلَع َذ اَر ى َو ِلَع اِبَها " َفَذ َك ْر ُت َذ ِلَك ِلَعْم ِر و ْبِن ِد يَناٍر َفَقاَل َع ْم ٌرو َسِم ْع ُت َج اِبَر ْبَن َع ْبِد ِهَّللا‬
‫"َيُقوُل َقاَل ِلي َر ُسوُل ِهَّللا صلى هللا عليه وسلم " َهَّال َج اِر َيًة ُتَالِع ُبَها َو ُتَالِع ُبَك‬
Narrated Jabir that he said when I got married, Allah's Messenger (‫ )ﷺ‬said to
me, "What type of lady have you married?" I replied, "I have married a matron' He
said, "Why, don't you have a liking for the virgins and for fondling them?" Jabir also
said: Allah's Messenger said, "Why didn't you marry a young girl so that you might
play with her and she with you?'. The scholars have stressed that this good attribute
applies to the husband just as it applies to the wife
 Beauty

Beauty is another important characteristic to be looked for in a spouse. It has a

certain role to play since one of the purposes of marriage is to keep both mates
from sin. The best way to achieve this is if there is a strong attraction between the
husband and wife. Although this will surely grow over time, initial impressions can
in some cases become an obstacle to a successful marriage.
Beauty has its role but it should be remembered that it is way down on the priority
list, under piety, character and religion. When a person puts beauty above all else,
the results can be disastrous. This is one big reason young people seeking to get
married must be helped by more mature family members in making their choice.
The Prophet (Peace and blessing of Allah be upon him) encouraged men
considering marriage to a particular woman to get a look at her. He said in a
Hadith: “If one of you proposes to a woman and if he is able to look at a part of
her that motivates him to marry her, let him do so.”
Cont.…..
The purpose of this look is very specific: to help one determine whether
or not he would like to marry that person. It is therefore, recommended
that the suitors see each other before going through with marriage. It is
unreasonable for two people to be thrown together and be expected to
relate and be intimate when they know nothing of each other. The
couples are permitted to look at each other with a critical eye and not a
lustful one.
 Some Don’ts in Engagement
Engagement (Khitba) in Islam has some don’ts and it include:

 Being lone with the ‘Fiancée’

No matter what words, promises, commitments, etc. have passed between the
parties, until the marriage contract has been transacted and a man and woman are
actually married, there is no relationship at all between them and they are to each
other as any other strange man and woman. The Prophet has expressly forbidden for
a man and a woman to be alone together. This ruling applies to a Fiancée just as
much as it applies to any other unrelated man and woman.
Some of the Hadiths that make this very clearly are: “A man cannot be alone with a
woman, except along with a male (non-marriageable) relative (of hers);” and “A
man and a woman cannot be together alone except that shaitaan is the third party.”
Cont.…..
There is no concept of courtship in Islam as it is practiced in the West.
There is no dating or living in defacto relationship or trying each other
out before they commit to each other seriously. There is to be no
physical relationship what so ever before marriage. The romantic
notions that young people often have, have proven in most cases to be
unrealistic and harmful to those involved. Romance and love simply do
not equal an everlasting bond between two people. Romance and love
die out very quickly when we have to deal in the real world. The
unrealistic expectations that young people have is what often
contributes to the failure of their relationship.
 Touching
Those engaged to be married have no legal relationship beyond any
other strange man and woman. Therefore, any form of touching between
them is not allowed. The Prophet said:

‫ ألن يطعن في رأس أحدكم بمخيط من حديد خير له من أن يمس‬:‫قوله صلى هللا عليه وسلم‬
‫امرأة ال تحل له‬
“For one of you to have your head pierced with an iron needle is better
for him than to touch a woman who is not permissible for him (to
touch).”
 Indecent Phone Calls or Internet Chats

Muslim scholars have pointed out that it is not proper or acceptable for
fiancées to be alone together or to have numerous encounters, telephone
conversations or internet chats for the purpose of getting to know each
other. It must always be remembered that until they are married, they
are like any other unrelated men and women to each other and their
actions must reflect that fact.
Accordingly, the idea of engaging in endless free phone calls, indecent
telephone conversations, horrible and immoral text messaging, internet
chats, exchange of phonographic messages between fiancées are not
acceptable in Islam.
  Fixing of Wedding Date NOT the same with Marriage
Fixing wedding date has no legal validity of any kind and does not
change anything about the relationship between the man and woman.
Furthermore fixing of date does not make the parties couple and
therefore, does not allow any kind of relationship between them beyond
what was described earlier, man and woman can only be couple after
the final stage of wedding contract.
 Marriage in Islamic Context
Marriage has been ordained by Allah as the correct and legal way to
produce children and replenish the earth. The family is the basic unit of
an Islamic nation or society. Marriage in Islam is more than just a means
of obtaining legal sex; it is an extremely important institution which
safeguards the rights of men, women and children while satisfying the
physical, emotional and intellectual needs of the family members.
Marriages built on principles of love, honour; respect and mutual caring
are far superior to temporary relationships with a variety of partners.
Such marriages stabilize society by protecting its primary unit, the
family. Islam therefore, advocates strongly marriage and discourages its
dissolution.
Cont.…..
Marriage, as prescribed by Allah, is the lawful union of a man and
woman based on mutual consent. It is a contract that results in the man
and woman living with each other and supporting each other within the
limits of what has been laid down for them in terms of rights and
obligations. It is a mutual contract between a man and a woman whose
goal is for each to enjoy the other, become a pious family and a sound
society.
Marriage is a religious duty and is consequently a moral safeguard as
well as a social necessity because through marriage, families are
established and the family is the fundamental unit of the society. Thus,
Islam, unlike other religions is a strong advocate of marriage. There is
no place for celibacy like, the Roman Catholic priests and nuns.
Cont.…..
Marriage arranges one’s life and provides spiritual, physical, emotional
and psychological companionship. This companionship generates and
sustains love, kindness, compassion, mutual confidence, solace and
succor. It lays a spiritual and legal foundation for raising a family.
Marriage is a solemn covenant that makes an incomplete human being a
complete one. It is supposed to take a person out of the hectic lifestyle
that one is in and place him in an organized environment giving them a
path to follow in life and a shoulder to lean on.
 Concept of Marriage in Islam
The original meaning of the word Marriage (Nikah) is the physical
relationship between man and woman. It is also used secondarily to
refer to the contract of marriage which makes that relationship lawful.
Which of the two meanings can be determined by the context in which
it is used.
Marriage in Islam is a contract between two consenting individuals
referred to as a nikah. As part of the formalities, a husband is to provide
his wife with a sum of money or property known as her mahr. As for
the definition of marriage in fiqh, the simple definition would go
something like this: "A contract that results in the two parties physically
enjoying each other in the manner allowed by the Shari'ah." Since this
only focuses on one aspect of the marriage contract,
Cont.…..
Muhammad Abu Zahrah (a modern scholar) defines marriage "A
contract that results in the man and woman living with each other and
supporting each other within the limits of what has been laid down for
them in terms of rights and obligations."
In Islam the instructions regarding marriage are particularly
comprehensive in both the Holy Qur’an and Hadith (the sayings of the
Holy Prophet, peace and blessings of Allah be on him). Marriage
structures the basic unit of human society and lays the foundation of the
family. Healthy families are required for the cohesive preservation of
the human race. So Allah commands the believers to marry for its
benefits morally, spiritually, socially, psychologically.
The Holy Prophet (peace and blessing of Allah be on him) said:
‫ َقاَلْت َقاَل َر ُسوُل ِهَّللا ـ صلى هللا عليه وسلم ـ " الِّنَك اُح ِم ْن ُس َّنِتي َفَم ْن َلْم َيْع َم ْل ِبُس َّنِتي‬،‫عَْن َع اِئَش َة‬
‫َفَلْيَس ِم ِّني َو َتَز َّو ُجوا َفِإِّني ُم َك اِثٌر ِبُك ُم اُألَمَم َو َم ْن َك اَن َذ ا َطْو ٍل َفْلَيْنِكْح َو َم ْن َلْم َيِج ْد َفَع َلْيِه ِبالِّص َياِم َفِإَّن‬
‫“الَّص ْو َم َلُه ِو َج اٌء‬
“Marriage is part of my sunnah, and whoever does not follow my sunnah
has nothing to do with me. Get married, for I will boast of your great
numbers before the nations. Whoever has the means, let him get married,
and whoever does not, then he should fast for it will diminish his desire.”
‫ِإَذ ا َتَز َّو َج اْلَع ْبُد َفَقِد اْس َتْك َم َل ِنْص َف الِّد يِن َفْلَيَّتِق‬: ‫ َقاَل َر ُسوُل ِهَّللا َص َّلى ُهَّللا َع َلْيِه َو َس َّلَم‬: ‫وََع ْن َأَنٍس َقاَل‬
‫َهَّللا ِفي الِّنْص ِف اْلَباِقي‬
“When a man marries he has fulfilled half of the religion; so let him fear
God regarding the remaining half.”
 The Merit/Benefits of Marriage
The general purpose of marriage is that the sexes can provide company to one another,
love to one another, procreate children and live in peace and tranquility to the
commandments of Allah. Marriage serves as a means to emotional and sexual
gratification and as a means of tension reduction. It is also a form of worship because
it is obeying Allah and his messenger. It is seen as the only possible way for the sexes
to unite.
As a meaningful institution, marriage has the following purposes:
 Procreation
This is one of the most important purposes of marriage; namely, to contribute through
legitimate means to the continuity and preservation of the human race. The sexual
urge serves the function of bringing the mates together for the fulfillment of this basic
Cont.…..
The objective of procreation has four aspects:
• To fulfill the will of God
• To seek the love of the Prophet Muhammad (Peace and blessing of
Allah be upon him)
• To benefit from the prayer of the child;
• And to profit from its intercession on behalf of its parents.

The Prophet (Peace and blessing of Allah be upon him) said: “Marry the
loving and the child-bearing, for I shall outstrip the other nations with
your numbers on Doomsday (Qiyama).”
Cont.…..

The goal is to produce righteous children who will be obedient to Allah

and who will be a source of reward for their parents after they die.
The Prophet (Peace and blessing of Allah be upon him) will NOT be
boasting before the other nations on the day of Qiyama with children of
Muslim parents who left the path of Islam.
 Fulfillment of the Natural urge

The sexual urge is perhaps the most powerful human inclination. It

seems not to be an end in itself, but a means to bring the mates together
for the purpose of fertilization. Yet its fulfillment is the most enjoyable
and absorbing of human experiences. Failure to fulfill this urge is likely
to lead either to deviation or to maladjustment. Deviation is
dishonorable and is strictly forbidden in Islam.
Men are inclined toward women and women are inclined toward men by
their nature. Marriage is the institution which fulfills this desire and
channels it in ways pleasing to Allah Most High.
Cont.…..
Allah mentions this attraction:
‫ ﴿ ُز ِّيَن ِللَّناِس ُح ُّب الَّش َهَو اِت ِم َن الِّنَس اِء َو اْلَبِنيَن‬.)14( ‫﴾ آل عمران‬

“It has been made attractive to people the love of the desires for
women, sons …”
The Messenger of Allah (Peace and blessing of Allah be upon him)
himself has made clear that the attraction between the sexes is something
natural and not something to be denied or suppressed but it should be
channeled in the ways pleasing to Allah (Most High). The Prophet said:
‫ وجعلت قرة عيني في الصالة‬،‫ والطيب‬،‫حبب إلي من دنياكم النساء‬
"Women and perfume have been made beloved to me of this world of
yours and my peace of mind is in the prayer."
Cont.…..

The desire of men and women for each other is an urge which needs to
be fulfilled and if it is left unfulfilled, it will be a source of discord and
disruption in society.
For this reason, the Prophet (Peace and blessing of Allah be upon him)
ordered all men who are capable of meeting the responsibilities of
marriage to do it:
“Whichever of you is capable should marry for it will aid him in
lowering his gaze and guarding his body (from sin). As for the one who
is not capable, fasting is his protection.”
A Healthy Relaxation

In marriage there is comfort to the soul, there is beauty to look

at, there is company, and there is play and joking and relaxation,
all of which relieve the heart from its burdens and make the
mind better able to concentrate during prayers and worship. To
be always serious and deprive the soul of its joy is boring to the
heart and could blind it. Relaxing through the company of the
spouse is healthy; and that is why the Qur’an describes the
spouse as a source of mutual comfort. It is said that it is wise to
divide one's time over three types of activities: worshiping the
Lord, self-examination and entertainment of the heart.
 A Comfortable Home
Marriage, moreover, provides co-operation in the household and greatly
relieves one from worries. Spouses cooperate in the management of the
house, in its upkeep, in cooking and washing, and so forth. And thus
there will be more time for worship and seeking knowledge, and a
climate conducive to concentration. It is therefore said that a righteous
wife is not a worldly asset only; she is a sure way to success on the Day
of Judgement.
 Social Importance
Finally, by adding responsibilities upon the individual, marriage
enhances someone’s status in society and gives him/her an opportunity
for training in bearing the hardships of life.
Cont.…..
Living with a spouse, a person of different inclinations and background,
trains one in accommodating oneself to new experiences; each party helps
the other in the exercise of the virtues of patience and forbearance. The
responsibility of rearing children and the need to earn for their living are
added meritorious aspect arising from marriage.
However, marriage can also represent a test or be afflicted with some
harmful situations. The worst of them is failing to seek sustenance from
the lawful. If that becomes difficult, the husband may become tempted to
reach his hand into the haraam. Another affliction concerns falling short
with regard to the rights of women and being patient with their character
and their annoyances. In that there is a great danger because the man is
the “shepherd” in the household and is to be questioned about those under
his care. More so, marriage will be a source of trial if ones family
becomes a distraction from the remembrance of Allah.
 The Ruling Concerning Marriage
Marriage in Islam is recommended as a religious requirement and the
way of the Prophets.
Some scholars maintain that if a person has the ability to marry and treat
his wife properly and fears strongly that he will engage in unlawful acts
if he does not, then marriage in his case is obligatory; if he does not
have the financial or physical means to marry or feels certain that he
will not treat his wife properly then marriage in his case is forbidden; if
he has the means to marry, but feels strongly that he will not treat his
wife properly, marriage in his case is disliked; and if on the other hand,
he has the means to marry and has no fear of mistreating his wife or of
committing the unlawful if he does not marry, then marriage in his case
is preferred.
Cont.…..
The opinion that marriage is overall preferred seems to be
the strongest opinion even though it may reach the level of
obligation for those with the ability to marry and treat their
wives properly and fear strongly that they will engage in
unlawful acts if they did not based on the Prophet's (Peace
and blessing of Allah be upon him) statement: “Whoever
has the ability should marry for it is better in lowering the
gaze and guarding one's chastity. Whoever is not able let
him fast for it is for him a restraint. Also, there is a
collective obligation on the Ummah as a whole to promote,
defend and facilitate the institution of marriage.
Cont.…..
If marriage suffers from neglect or, for example,
unreasonably high dowries which force people to
postpone marriage too long, it is a collective obligation
on the Ummah to come to its aid and to ensure that as
many people as possible live within the context of a
marriage.
Also, if the Muslims come to have too many single
women because of the abandonment of polygamy, it
becomes a collective obligation on the Muslims to
address and correct this situation.
 Pillars of Marriage in Islam
Marriage in Islam is a contract. Thus, as in any contract in Islam, there are
elements which are considered essential to its existence, called Pillars
(Arkaan), the possibility of stipulations of different kinds, legal effects of the
contract, etc. Each of these should be understood properly in order to ensure
that the marriage has been performed in the proper manner and the rightful
effects of the marriage are granted to each of the participating partners.
Offer and Acceptance (Al-Ijaab wa al-qubool) is among the arkaan of a
marriage. Any wording that makes the intent of the contract clear to all
involved should be considered a valid marriage, while the best format would
be that actually used by the Prophet (Peace and blessing of Allah be upon
him) and his companions.
Cont.…..
With respect to marriage, there are four different kinds of conditions
which must be met and they are as following:
 Conditions Required for Initiating the Contract
In this category, the two people must meet the qualification of legal
competence and the woman cannot be from those categories of women
that are forbidden for a man to marry.
 Conditions Required for the Soundness of the Contract
Ten conditions are mentioned in this section and they are:
• The woman is permissible to the man
• The offer and acceptance is of a permanent nature and not temporary
• At least two non discredited witnesses
Cont.…..
• Both parties to the contract and the bride have willingly accepted the
marriage
• The bride and groom are specifically identified and known
• Neither of the two contracting parties are in a state of ihram (Hajj or
Umrah)
• The marriage must be with a dowry (mahr)
• The parties and witnesses are not bound to keep it quiet
• No party is on his deathbed
• The presence of the guardian or representative (wali) of the woman.
 Conditions Required for the Execution of the Contract
The bride and groom must be legally capable for such a marriage, i.e., sane,
conscious, past the age of puberty (sex hormones, secondary sex
characteristics such as male facial hair growth and female breast
development), etc. The contract can take place earlier than this, but the
execution must wait until the time that they can actually enter into the
marriage relationship.
 Conditions Required for Making the Marriage Binding
Under this condition, if the fore mentioned conditions are met, neither party
has the right to annul the marriage provided
• that the husband is socially compatible and qualified for the woman
• That the dowry is at least equivalent to those similar to her
• And that there is no defect in either spouse except where the woman was
said to be a virgin but is then discovered to be otherwise or where either
spouse is not physically capable of marital relations.
Cont.…..
If after being married any of these conditions are not met, both
parties (bride and groom) would have the right to annul the
marriage. The matter would be taken to a judge or one in
authority. However, this is a right or an option. Once the
parties accept the marriage with the deficiency it contains, they
will after that be bound to such a marriage.
 The way of Prophet (PBUH) and his
companions in Marriage.
The Prophet (PBUH) encouraged making the marriage easy,
announcing it and proclaiming it openly, and expressing joy
and happiness on this occasion; making a wedding feast and
inviting people to it; enjoining those who are invited to attend,
and even if a person is fasting he should attend and offer Du`a’
for the host of the feast, but he does not have to eat.
Then he enjoined treating the wife with kindness and trying
one's best to achieve that.
 ‫ومن نعم‬

Cont.…..
 Affordable dowry (Mahr)
The Prophet ‫ ﷺ‬said: ‫ َو َتْيِس يَر َرِح ِمَها ومن نعم‬،‫ َو َتْيِس يَر َص َد اِقَها‬،‫اْلَم ْر َأِة َتْيِس يَر ِخ ْطَبِتَها‬
“Among the blessings of a woman is facilitating her Mahr, facilitating her
friendships and facilitating her ties of kinship”
 Announcing the marriage
‫ أعلنوا النكاح‬:‫عن عامر بن عبد هللا بن الزبيرعن أبيه أن رسول هللا صلى هللا عليه وسلم قال‬.
The Prophet ‫ ﷺ‬said: “Announce the marriage”
 The wedding feast (Walimah)
‫ َأْو ِلْم‬:‫ َو َأَّن الَّنِبَّي ﷺ َقاَل َلُه‬،‫َأَّن عبدالَّرْح َمِن ْبَن َعْو ٍف َتَز َّو َج اْمَر َأًة َع َلى َو ْز ِن َنَو اٍة ِم ْن َذ َهٍب‬
‫َو َلْو ِبَش اٍة‬.
The Prophet ‫ ﷺ‬said: “Give a feast even if it is with just one sheep.”
(Al- Bukhari and Muslim).
 It is obligatory to attend the feast if invited
‫ «إذا ُد ِع َي أحدكم إلى‬:‫عن ابن عمر رضي هللا عنهما أن رسول هللا صلى هللا عليه وسلم قال‬
‫»الَو ِليَم ة َفْلَيْأِتَها‬.
The Prophet ‫ ﷺ‬said: “If one of you is invited to a feast, let him/her
come to it.”
 How to congratulate someone on marriage
It is recommended to congratulate the husband/wife as the Messenger of
Allah (‫ )ﷺ‬congratulated people, saying:
‫بارك هللا لكما وبارك عليكما وجمع بينكما في خير‬
“May Allah bless you and bring blessings upon you and bring you
together in goodness.”
 What to do on wedding night
It is recommended for the husband to do several things when he enters
upon his wife, including the following:
• Being kind and gentle to your wife when consummating the marriage
with her
As Asma narrated “ I was the one who took care of `Aishah and prepared
her for her marriage to the Messenger of Allah (‫ )ﷺ‬and I had some
women with me. She said: By Allah, we did not find any food with him
except a vessel of milk. He drank from it then he passed it to Aishah, but
the young girl felt too shy. We said: Do not turn away the hand of the
Messenger of Allah (blessings and peace of Allah be upon him); take it
from him. She took it shyly and drank from it, then he said: Pass it to your
friends. We said: We do not feel like drinking it. He (‫ )ﷺ‬said: Do not
combine hunger with lies.
• Putting his hand on his wife's head and praying for her
‫ َأْو‬،‫ َأْو َخ اِد ًم ا‬،‫ (ِإَذ ا َأَفاَد َأَح ُد ُك ُم اْمَر َأًة‬: ‫ َقاَل‬، ‫ َع ِن الَّنِبِّي َص َّلى ُهللا َع َلْيِه َو َس َّلَم‬،‫عن َع ْبِد ِهَّللا ْبِن َع ْم ٍرو‬
‫ َو َأُع وُذ ِبَك ِم ْن‬،‫ الَّلُهَّم ! ِإِّني َأْس َأُلَك ِم ْن َخ ْيِرَها َو َخ ْيِر َم ا ُج ِبَلْت َع َلْيِه‬: ‫ َو ْلَيُقْل‬،‫ َفْلَيْأُخ ْذ ِبَناِص َيِتَها‬،‫َد اَّبًة‬
)‫َش ِّرَها َو َش ِّر َم ا ُج ِبَلْت َع َلْيِه‬
The Prophet ‫ ﷺ‬said “When one of you marries a woman, let him
take hold of her forelock and say: O Allah, I ask You for the goodness
within her and the goodness that You have made her inclined towards,
and I take refuge with You from the evil within her and the evil that You
have made her inclined towards”.
• He should say before he has intercourse with his wife
" ‫ َو َج ِّنْب الَّش ْيَطاَن َم ا َر َز ْقَتَنا‬، ‫ الَّلُهَّم َج ِّنْبَنا الَّش ْيَطاَن‬، ‫"ِبْس ِم ِهَّللا‬
“In the name of Allah, O Allah, protect us from satan and protect
whatever You give to us from satan”
• The importance of kind treatment of the wife and fearing Allah with
regard to her, and that she should fear Allah with regard to him (the
husband).
١٩﴿ ‫﴾وعاشروهن بالمعروف فإن كرهتموهن فعسى أن تكرهوا شيئا ويجعل هللا فيه خيرا كثيرا‬
Allah says “ and live with them honourably. If you dislike them, it may
be that you dislike a thing and Allah brings through it a great deal of
good.” 4:19
‫ إذا صلت المرأة خمسها‬:‫ قال رسول هللا صلى هللا عليه وسلم‬:‫عن عبد الرحمن بن عوف قال‬
‫وصامت شهرها وحفظت فرجها وأطاعت زوجها قيل لها ادخلي الجنة من أي أبواب الجنة‬
‫شئت‬
Also, the Prophet ‫ ﷺ‬said: “If a woman offers her five daily prayers,
fasts her month (Ramadan), guards her chastity and obeys her husband,
it will be said to her: Enter Paradise from whichever of the Gates of
Paradise you wish.”
 The Purpose of Marriage in Islam
In Islam, Muslims cannot enter into marriage lightly, just on a whim.
Allah has enjoined/ordered marriage for the believers for three basic
reasons. They are:
 To enable a man and a woman to live together and experience love
and happiness, within Islamic law.
 To produce children, and provide a stable and righteous environment
for their upbringing.
 To provide a legal union which safeguards society from moral and
social degradation.
Cont.…..
The first two reasons are self-explanatory; both take into account the
natural urges of human beings. The third point looks beyond the
individual, and establishes marriage as the most important tool for
creating an ideal society.

How does marriage accomplish and

safeguards society from moral and social
degradation?
Cont.…..
First, you must understand that one of the most important
moral values in Islam is chastity, i.e., the purity of both the
individual and the whole society. Islam regards marriage as the
means by which man’s natural urges and needs, both physical
and emotional, are controlled and satisfied at the same time.
Uncontrolled and uninhibited satisfaction of physical desire is
simply not permitted in Islam. Adultery and fornication are
grave sins. A Muslim man cannot go to any woman and merely
satisfy his physical desires; he has to do so through a legal
contract of marriage, which carries with it the additional
responsibilities, duties and liabilities of family and children for
the rest of his life.
Cont.…..

The result of this restriction is the creation of a society whose morals

are protected. In fact, the Holy Qur’an mentions the marriage contract
(nikah) by the word ihsan, which means a fortress. The man who
contracts marriage is a muhsin, that is he builds a fortress. The woman
who marries him is a muhsinah, which means that she has come into the
protection of that fort, in order to protect herself and their morals.
 Forbidden Marriage in Islam
Allah mentioned most of the categories of women those are not allowed to
marry either permanently or temporarily and those allowed in the following
verses:
‫حِّر َم ْت َع َلْيُك ْم ُأَّمَهاُتُك ْم َو َبَناُتُك ْم َو َأَخ َو اُتُك ْم َو َع َّم اُتُك ْم َو َخ ااَل ُتُك ْم َو َبَناُت اَأْلِخ َو َبَناُت اُأْلْخ ِت َو ُأَّمَهاُتُك ُم الاَّل ِتي‬
ُ
‫َأْر َض ْع َنُك ْم َو َأَخ َو اُتُك ْم ِم َن الَّر َض اَع ِة َو ُأَّمَهاُت ِنَس اِئُك ْم َو َرَباِئُبُك ُم الاَّل ِتي ِفي ُحُجوِر ُك ْم ِم ْن ِنَس اِئُك ُم الاَّل ِتي َد َخ ْلُتْم‬
‫ِبِهَّن َفِإْن َلْم َتُك وُنوا َد َخ ْلُتْم ِبِهَّن َفاَل ُج َناَح َع َلْيُك ْم َو َح اَل ِئُل َأْبَناِئُك ُم اَّلِذ يَن ِم ْن َأْص اَل ِبُك ْم َو َأْن َتْج َم ُعوا َبْيَن‬
‫اُأْلْخ َتْيِن ِإاَّل َم ا َقْد َس َلَف ۗ ِإَّن َهَّللا َك اَن َغ ُفوًر ا َر ِح يًم ا‬
“Unlawful are your mothers and daughters and your sisters to you, and the
sisters of your fathers and your mothers, and the daughters of your brothers
and sisters, and foster mothers, foster sisters, and the mothers of your wives,
and the daughters of the wives you have slept with who are under your charge;
but in case you have not slept with them there is no offence (if you marry their
daughters); and the wives of your own begotten sons; and marrying two sisters
is unlawful. What happened in the past (is now past): God is forgiving and
kind.” (4:23)
Cont.…..
This category includes both those are forbidden to marry due
to relationship of blood or marital relations as well as some
who are forbidden due to breast feeding.
Those Forbidden due to blood relations are descendants due to
a relationship with a woman no matter how far (a man's
daughter, granddaughter, etc.); ascendants of women no matter
how far (mother, maternal and paternal grandmother, etc.);
descendants from his parents no matter how far (sisters, half-
sisters, sisters’ children, etc.); and siblings of male and female
ascendants no matter how far (paternal and maternal aunts,
great aunts, etc.).
Cont.…..
Those permanently forbidden because of marital relations are wives of
ascendants no matter how far, whether consummated or not (father's
wife, grandfather's wife, etc.); wives of descendants no matter how far,
with or without consummation; ascendants of wives (such as the
mother-in-law) whether consummated or not; and descendants of wives
(stepdaughters and their children) only if the marriage is consummated.
Those permanently forbidden due to breast feeding are mothers and
sisters by breast feeding and by extension the Prophet ‫ ﷺ‬said:
‫" َيْح ُر ُم ِم َن‬:‫عن أم المؤمنين عائشة رضي هللا عنها أن النبي صلى هللا عليه وسلم قال‬
‫" الَّر َض اَع ِة َم ا َيْح ُر ُم ِم نَ اْلواِل َد ِة‬
“Breast feeding makes forbidden what is forbidden through blood
relations.”
Cont.…..
The second category of women a man is forbidden to marry
are those forbidden for temporary reasons. If the reason ceases
to exist, marriage between them becomes lawful. They include
the following:
• While being married to a woman, a man cannot marry her
sister or any of her aunts.
• If a person divorces his wife three times, it is not allowed for
him to marry her again unless and until she marries someone
else (not as a trick to get back to him), consummates that
marriage and that marriage is subsequently legally ended.
• Any woman if a man already has four wives.
Cont.…..
• Marrying a woman who is already married or who is in 'Idda
due either to death or divorce until it is finished.
• A woman upon whom a man has made li'aan unless he
confesses that he lied. Al-li'aan is where the husband accuses
the wife of adultery but cannot bring witnesses so he swears
that it occurred and the two are separated after the wife
swears that she is innocent. He can never marry her again
unless he confesses that he was lying.
• A woman who is neither Muslim nor Jewish or Christian.
 Rights and Obligations in Marriage
In order to ensure an atmosphere of harmony and to promote a cheerful
and successful life in the newly established nest of the newlyweds,
Islam has provided guidance in defining the relationship between
husband and wife and in distributing the rights and obligations arising
from this relationship.
The first thing that every married Muslim must realize is that one’s
spouse is first and foremost another Muslim. He/she is one’s brother and
sister in Islam. Therefore, at minimum all rights that fall upon a Muslim
due to the general brotherhood of Islam are also due to one’s spouse. It
is a sad situation for a Muslim brother or sister to respect their Muslim
brothers and sisters outside of the house but for the situation in the
house to degenerate into less even than that minimum standard of
respect and kindness inside the household.
Cont.…..
Clearly, husband and wife have even greater rights and obligations
toward each other due to the great and important contract which have
been transacted between them and on which basis they live together.
These rights are categorized into three:
 Rights Which Each of the Two Spouses has Over the Other
 The right to enjoy each other
 The right to inherit from each other
 The right of confirmation of the lineage of their children
 The rights of the Wife Over the Husband
 The dowry (Mahr)
 Support/maintenance
 Kind and proper treatment
 Marital relations
 Not to be beaten
 Privacy
 Justice between multiple wives
 To be taught her religion
 Defense of her honour
 The rights of the husband over the wife.
 Have a home and soft relaxing atmosphere in which both can live together
smoothly, happily and enjoyably
 Being head of the household
 To be obeyed in all that is not disobedience to Allah
 To be answered for marital relations
 Not to allow anyone in the house of whom he disapproves
 Not to leave the house without his permission
 That she cooks for him, keep his house and properly manage the household
 That she remained faithful, loyal and devoted
 To be thanked for his efforts and not to be confronted with too many
demand
 That she not observes a voluntary fast without his permission if he I
resident, not on a journey.
 Marital Discord
When one of the spouses is refractory, it is called nushooz, discord on the part
of that spouse, whether husband or wife. Nushooz can come from either
spouse due to disobedience, hatred, contrariness, diffidence, harshness,
aggression, etc.
On the part of the wife it revolves around
• Not beautifying herself for her husband when he desires that from her
• Disobeying her husband with respect to coming to his bed and refusing to
respond to his calls
• Leaving the house without his permission or without any legal right to do so
• Not performing her obligatory religious duties, such as failure to perform
some prayers, fasting Ramadan, covering her 'awra, or any other obligatory
act of Islam.
Cont.…..
This part the committed by the wife can be resolved in the following
verse of Holy Quran:
‫ٱلِّر َج اُل َقَّٰو ُم وَن َع َلى ٱلِّنَس ٓاِء ِبَم ا َفَّض َل ٱُهَّلل َبْع َض ُهْم َع َلٰى َبْع ٍۢض َو ِبَم ٓا َأنَفُقو۟ا ِم ْن َأْم َٰو ِلِهْم ۚ َفٱلَّص ٰـ ِلَح ٰـ ُت‬
‫َقٰـ ِنَتٰـ ٌت َح ٰـ ِفَظٰـ ٌۭت ِّلْلَغ ْيِب ِبَم ا َحِفَظ ٱُهَّللۚ َو ٱَّلٰـ ِتى َتَخ اُفوَن ُنُش وَز ُهَّن َفِع ُظوُهَّن َو ٱْهُجُروُهَّن ِفى‬
‫ٱْلَم َض اِج ِع َو ٱْض ِرُبوُهَّن ۖ َفِإْن َأَطْع َنُك ْم َفاَل َتْبُغ و۟ا َع َلْيِهَّن َس ِبياًل ۗ ِإَّن ٱَهَّلل َك اَن َع ِلًّۭي ا َك ِبيًۭر ا‬
“Men are caretakers of women, since Allah has made some of them
excel the others, and because of the wealth they have spent. So, the
righteous women are obedient, (and) guard (the property and honor of
their husbands) in (their) absence with the protection given by Allah. As
for women of whom you fear rebellion, convince them, and leave them
apart in beds, and beat them. Then, if they obey you, do not seek a way
against them. Surely, Allah is the Highest, the Greatest.” (4:34)
Cont.…..
On the part of the husband, it revolves around
• Wrongfully elevating and raising himself arrogantly above his wife
and above the obligations which Allah has place upon him with regard
to her
• Transgressing against her by beating her, harming her, reviling her,
abusing her and not treating her properly
• Failing to fulfill his mandatory obligations toward her such as support,
etc.
• Becoming diffident toward her and unconcerned for her by boycotting
her in talk or in the bed, refusing to speak to her, etc.
Cont.…..
This part the committed by the husband can be resolved in the
following verse of Holy Quran:
‫وإن امرأة خافت من بعلها نشوزا أو إعراضا فال جناح عليهما أن يصلحا بينهما‬
‫صلحا والصلح خير وأحضرت األنفس الشح وإن تحسنوا وتتقوا فإن هللا كان بما‬
128 :‫تعملون خبيرا ﴾ النساء‬
“And if a woman fears nushooz from her husband or that he
may turn away, there is no sin upon the two of them to make
terms of agreement between them and agreement is better.
Stinginess has been made present in all souls but if you extend
good deeds and beware of Allah, verily Allah is fully
knowledgeable of all that you do” (4:128).
Cont.…..
Also there is case is where nushooz/miscord mainly in the
sense of dislike and turning away is committed by both the
husband and wife and its resolution has been mentioned in the
following verse:
‫ِّف‬ ‫َو‬‫ُی‬ ‫ا‬‫ࣰح‬ ‫ٰـ‬‫َل‬ ‫ۡص‬ ‫ۤا‬ ‫َد‬ ‫ی‬ ‫ُی‬ ‫ن‬ ‫ۤا‬‫ِلَه‬ ‫ۡه‬‫َأ‬ ‫ۡن‬ ‫ِّم‬ ‫ا‬‫ࣰم‬ ‫َك‬ ‫َح‬ ‫َو‬ ‫ۦ‬
‫ِه‬‫ِل‬ ‫ۡه‬‫َأ‬ ‫ۡن‬ ‫ِّم‬ ‫ا‬‫ࣰم‬ ‫َك‬ ‫َح‬ ‫َو ۡن ِخ ۡف ُتۡم ِش َقاَق َبۡی ِنِه ا َفٱۡب َع ُثو۟ا‬
‫ِق‬ ‫ِإ ِر ِإ‬ ‫ۗۤا‬ ‫َم‬ ‫ِإ‬
‫۝‬٣٥‫ٱُهَّلل َبۡی َنُهَم ِإَّن ٱَهَّلل َك اَن َع ِلیًم ا َخ ِبی ࣰر‬
“And if you fear a separation between the two of them,
appoint an arbitrator from his family and an arbitrator from
her family. If they desire reconciliation, Allah will bring them
into agreement. Verily Allah is Knowing, Knowledgeable.”
END CHAPTER TWO