Ohare Family Jewish and Muslim Familes Form Lasting Friendship

Family Life in Islam

Khurshid Ahmad

Chapter IV

THE Family unit IN ISLAM:
Structure, PRINCIPLES AND RULES

Nosotros accept discussed the salient features of the Islamic outlook on life, the foundations of the family in Islam and its objectives and functions. In this final department an effort shall be fabricated to explicate briefly the actual working of the institution of the family unit in Islam, its structure, principles and rules.

Matrimony and Divorce

Wedlock, every bit a social establishment, is essentially a civil contract. And as a civil contract it rests on the same footing every bit other contracts. Its validity depends on the capacity of the contracting parties, which according to Islamic police, consists in having majority (bulugh) and discretion. Mutual consent and public proclamation of the marriage contract are its essentials. The law does not insist on any item form in which this contract is entered into or on any specific religious anniversary, although there are different traditional forms prevalent amidst the Muslims in different parts of the globe and it is regarded advisable to conform to them. As far as the Shariah is concerned, the validity of the marriage depends on proffer on one side (ijab) and credence (QubuI) on the other. This offer and the credence can have place directly between the parties, or through an amanuensis (Wakil). In a traditional Muslim matrimony the bride's consent is procured through her representative. Normally in that location are at least two witnesses to this matrimonial contract, entered into at a family ceremony. There is also a dower (mahr) which husband pays to the wife and which is for her sole and exclusive use and benefit. This last (i.e. dower) is an important part of the scheme, just information technology is not essential for the legality of the wedlock that its amount must exist pre-fixed. As such its absenteeism would not render the marriage invalid, although married man is expected to pay information technology co-ordinate to custom.

Beingness a civil contract, the parties retain their personal rights as against each other too equally confronting others. The ability to deliquesce the marriage-tie rests with both parties and specified forms have been laid down for that.

Wedlock in Islam is not a temporary union and is meant for the entire span of life. Dissolution of spousal relationship is, however, permitted if it fails to serve its objectives and has irretrievably broken down. ⁵²

Family arbitration is resorted to before final dissolution. This has been laid downwards in the Quran and the Sunnah. If this fails, and then steps are taken for dissolution of the marriage. In that location are iii forms of dissolution: divorce by the husband (talaq), separation sought by the wife (KhuIa) and dissolution of the marriage by a courtroom of an arbiter. Detailed laws and by-laws take been laid downwards past the Quran and the Sunnah in respect of these and accept been codified in the fiqh literature to regulate different aspects of marriage and family unit life.

Muslim union is usually a contracted wedlock. Although wedlock is primarily a relationship between the spouses, it, in fact, builds relationships between two families, and even more than. That is why other members of the family, specially the parents of the spouses, play a much more positive part in it. Consent of the bride and the benedict is essential, in fact, indispensable. ⁵³ Despite the fact that gratis mixing of the sexes is forbidden, information technology is permitted for the intending partners in marriage to run across each other before the marriage, what yet stands out prominently is that union in Muslim society is not merely a private organisation between the husband and the wife. That is why the whole family unit contributes effectively towards its arrangement, materialisation and fulfillment. ⁵⁴

The Way Marriage is Contracted

No specific anniversary is prescribed for marriage. In principle it has been stressed that marriage should take place publicly. Other members of society should know of this development, preferably in a fashion that has been adopted by the lodge as its usage ('urf) Normally the Nikah (contract of union) takes place in a social gathering where members of both the families and other friends and relatives assemble. Nikah can be performed by any person. Commonly in Muslim society at that place are persons known equally Qadi who discharge this responsibility. In the Nikah-sermon they recite from the Quran and the Sunnah and invite the spouses to a life of God-consciousness, purity, mutual love and loyalty and social responsibility. Then the marriage is contracted wherein ijab (proposal) and QubuI (credence) are made before the witnesses. After the Nikah the bride moves to the bridegroom's house and both brainstorm this new affiliate of their life. Subsequently the consummation of the spousal relationship, the bridegroom holds a feast for the relatives and friends. The real purpose of these gatherings and feasts is to make the outcome a social function and to let the guild know of information technology and participate in information technology. The Prophet has recommended the people to hold these celebrations with simplicity and to share each others joy. He said:

"The best nuptials is that upon which the least trouble and expense is bestowed." ⁵⁵ And that: "The worst of feasts are those marriage-feasts to which the rich are invited and the poor left out. And he who refuses to take an invitation to a matrimony feast verily disobeys God and His Prophet." ⁵⁵

The Construction of a Muslim Family

The structure of the family is three fold. The start and the closest consists of the husband, the wife, their children, their parents who live with them, and servants, if whatsoever. ⁵⁶ The next grouping, the fundamental fold of the family, consists of a number of close relatives, whether they live together or not, who take special claims upon each other, who motility freely inside the family, with whom marriage is forbidden and betwixt whom there is no hijab (veil). These are the people who also take prior merits on the wealth and resources of a person, in life as well every bit in death (as beneficiaries, known as in matter of inheritance 'sharers', the first line of inheritors). The crucial matter in this respect is that they are regarded as Mahram, those with whom marriage is prohibited. This constitutes the real core of the family, sharing each other'due south joys, sorrow, hopes and fears. This relationship emerges from consanguinity, analogousness and foster-nursing. ⁵⁷ Relations based on con sanguinity include (a) father, mother, grandfather, grandmother and other direct ascendants; (b) straight descendants that is, sons, daughters, grandsons, one thousand-daughters etc; (c) relations of the second degree (such as brothers, sisters and their descendants). (d) father's or mother'south sisters (non their daughter or other descendants).

Those based on affinity include (i) mother-in-law, male parent-in-law, grandmother-in-law, grand-male parent-in-law; (2) wife's daughters, husband'southward sons or their g or dandy m daughters or sons respectively; (3) son's married woman, son'south son'south wife, daughter's husband, and (iv) step-mothers (step-father). With some exceptions the same relations are forbidden through fosternursing. (al-ridaah).

This is the real extended family unit and the nucleus of relationships. ⁵⁸ All those relations who are outside this fold constitute the outer periphery of the family unit. They, too, have their own rights and obligations, as is borne out by the fact that a number of them take been included in the second and third lines of inheritors. The general structure of the family is presented in a diagram on the next page.

The Position of Human and Woman

In the internal organisation of the family, a man is in the position of the head and the over-all supervisor. In fact it is the eldest member of the extended family who occupies the position of the caput. A man'south major responsibilities prevarication outside the family. He is to support the family economically and materially, he has to look after the relations of the family unit with the rest of the gild, economy and policy and he has to take care of the demands of internal discipline inside the family. A adult female'south major responsibilities lie within the family unit. Here too, the eldest woman is regarded as the centre of the family organisation but inside each circle and fold the relative central position is enjoyed by that woman who constitutes its core. A spectrum of common rights and responsibilities has been evolved in such a manner that balanced relationships are developed betwixt all. The Quran says.

"Men are in charge of woman, because Allah has made the one of them to excel the other, and because they spend of their wealth (for supporting them and the family)". ⁵⁹

"And they (women) have rights similar to those (of men) over them according to what is equitable, and men have a degree (of advantage) over them, Allah is Mighty, Wise." ⁶⁰

This is in the interests of proper system and management within the family unit. There is equality in rights. In that location is demarcation of responsibilities.

Man has been fabricated head of the family unit so that order and discipline are maintained. Both are enjoined to discharge their respective functions with justice and disinterestedness.

The question of equality or inequality of the sexes has often been raised. This outcome is, however, the production of a certain cultural and legal context, and is realty non relevant to the Islamic context where the equality of men and women as human being beings has been divinely affirmed and legally safeguarded. At that place is differentiation of roles and responsibilities and certain arrangements have been made to encounter the demands of organisations and institutions not on the basis of superiority or inferiority of the sexes just in the lights of the bones facts of life and the needs of the society. ⁶¹ Every role is of import in its own right and each person is to be judged according to the responsibilities assigned to him or her. Their roles are non competitive but complementary.

The Family and Society

The Family is a office of the Islamic social gild. The club that Islam wants to establish is not a sensate, sex-ridden society. It establishes an ideological society, with a high level of moral awareness, strong commitment to the ideal of Khilafah and purposive orientation of all human behaviour. Its subject is not an imposed bailiwick, merely one that flows out of every private'south commitment to the values and ideals of Islam. In this society a high caste of social responsibility prevails. The entire arrangement operates in a way that strengthens and fortifies the family unit and not otherwise.

The Family is protected past prohibiting sex outside wedlock. Fornication (Zina) as such has been forbidden and made a punishable offence. All roads that lead to this evil are blocked and whatsoever paves the manner towards it is checked and eliminated. That is why promiscuity in whatever grade is forbidden. The Islamic system of Hijab is a wide-ranging system which protects the family and closes those avenues that pb towards illicit sex or even indiscriminate contact between the sexes in society. Information technology prescribes essential rules and regulations about dress, modes of behaviour, rules of contract betwixt the sexes and a number of other questions that are cardinal or ancillary to it. ⁶²

The finer qualities of life accept been given every encouragement, but they have, been torn from their carnal or sensate context and oriented towards what is noble and good in human life. A number of preventive measures have been taken to protect the family unit from influences that may decadent or weaken it a moral and social climate. Some of these measures are in the nature of moral persuasions, others accept the farm of social rules and sanctions; and aforementioned take the course of law whose violation entails exemplary punishments. All these protect the institution of the family unit and enable it to play its positive function in the making of Islamic society.

Marriage and the family unit in Islam should exist studied and understood in the context of the scheme of life Islam wants to establish. They cannot be understood in isolation. The concept of man and the family which Islam gives is in conflict with the concept of man and the family that is prevalent in the West today. We exercise not want to be apologetic at all. Nosotros pass up to take the allegedly value-neutral approach that willy-nilly fashions the life and perspective of human being in the secular civilisation of the West today. We recollect the disintegration of the family in the West is, in parts, a consequence of confusion about the place and the role of the family in lodge and about the purpose of life itself. If the objectives and values of life are not fix right, further disintegration of this and other institutions cannot be prevented. The tragedy of our times is that changes are existence imposed upon man under the stress of technological and other external developments and the entire process of alter is becoming somewhat non-discretionary and involuntary. In an age in which liberty is worshipped like god, human being is being deprived of the most important freedom - the freedom to choose his ideals, values, institutions and patterns of life. One of the greatest tasks that prevarication alee is restoration and rehabilitation of this liberty of pick and its judicious and informed use to fix the business firm of humanity in order. Non-human and amoral forces be they of history or applied science must not be allowed to make up one's mind for man. Homo should determine for himself as vicegerent of God on the earth. Otherwise, whatever be our achievements in the fields of scientific discipline and technology, we shall drift towards a new form of slavery, and homo'southward forced abdication of his real office in the world. This nosotros all must resist at least all those people who believe in God and every bit the being of a moral order in the Universe.

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Source: https://www.iium.edu.my/deed/articles/family_islam/ch04.html

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