HOW DOES ISLAM BUILD THE FAMILY
By studying the Islamic religion, and analyzing its ideas, laws and
values concerning the building and organizing of this great cultural
project, `The Family', one may broadly classify its measures as
follows:-
1. The call to build the family:
2. Organizing the family relations:
To complete our study we shall explain these two steps for the
readers' benefit.
1- The Call to Build The Family:
"
And of His signs is this: He created mates for you from yourselvesthat you may find rest in them, and He ordained between you love and
mercy. Most surely there are signs in this for a people who reflect."
Holy Qur'an (30:21)
"He it is Who did create you from a single being, and of the same
(kind) did He make his mate that he might incline to her."
Holy Qur'an (7:189)
"...Marry such women as seem good to you."
Holy Qur'an (4:3)
Looking up the lexical meanings of the Arabic words of "husband",
`marriage' and `matrimony', we may understand the psychological,
spiritual, social and organic implications of marriage in the Islamic
religion, and the reason why the Qur'an uses the word `Spouse' (
زوج)for both the man and the woman bound together with a legal tie, and
the word `Marriage' (
نكاح) for the coupling process, and the lawfulenjoyment between husband and wife.
In the Arabic language, to marry means to consort and mix.
" The rain married the earth" means that it mixed with the soil of
the earth.
"The trees married" means that the trees consorted or got closer to
each other.
Going back to the lexicon, and looking up the meaning of `mixing',
which implies the concepts of both the words `Spouse' and `Marriage',
we realize that the meaning of "to mix one thing with another" is to
gather and mingle them together. `Mixing' is gathering, mingling and
consummating.
`To consort', implied by the word `to marriage', means: to tie and
connect, as is seen in the lexicon.
Thus, through lexical understanding of the meanings of `spouse' and
`marriage' used in religious terms, we come to discover the great
human implications contained in the relation between man and woman
from Islam's viewpoint: joining, mixing, tying and connecting.
Thus, to Islam, marriage is an interaction, a mixing, a psychological
and spiritual connection, and a tying of two individuals (a man and a
woman) together to become "a married pair". A pair consists of two who
are similar to one another. Without this similarity none of us would
have found his half to make a pair, but would have remained a single,
feeling lonely and away from his spouse, and would have continued his
natural search and longing to join his half with the other half that
would take him out of the dreary prison of singleness, and fill up the
gaps of love, affection and yearning in his inside.
The Glorious Qur'an has beautifully illustrated the love and relation
between the couple by drawing a verbal picture, in a wonderful style
expressing the human truth implied in this relation:
"And of His signs in this: He created mates for you from yourselves
that you may find rest in them, and He ordained between you love and
mercy. Most surely there are signs in this for a people who reflect."
Holy Qur'an (30:21)
It has illustrated marriage as a relationship of `rest', `love' and
`mercy', which are desired by the individual when he is away from his
other half, because he (she) would not enjoy the happiness of
affection, love, mercy and sympathy, unless he (she) joins his (her)
spouse and get together. This makes us understand that `coupling' to
the Qur'an, does not refer to a mathematical figure resulting from
adding a man to a woman. Actually it is a process of omitting the
singleness - in its psychological and organic meaning, and in its
specific and social aim - through the natural meeting and perfection
and biological connections and feelings may mix, react, communicate
and unite, In this way the psychological and biological perfection
between them and their split personalities is cohesively united, so
that they may form the base for the continuation of existence and
preservation of the human species. The humanity which grows,
fertilizes and practices its lively activities, is the perfectly
natural humanity would disintegrate and would not be able to survive.
"He it is Who did create you from a single being, and of the same
(kind) did He make his mate that he might incline to her. So when he
covers her she bears a light burden, and she move about with it, but
when it becomes heavy they call upon Allah, their Lord, saying: If you
give to us a good one we shall be of the grateful ones".
Holy Qur'an (7:189)
It is, thus, obvious that Islam's advocation of marriage and the
building of the family is a legislative and cultural one, to attain
the natural and social aims of the human life.
The one who carefully follows Islam's invitation to marriage, and
scrutinizes the relevant texts and concepts, would realize the
importance of this human relationship, Islam's great emphasis on it,
and its sacredness to human life.
Numerous verses in the Glorious Qur'an deal with this relationship
between man and woman, and define the rights and the duties of both
the spouses.
There are more than eighty verses which speak of marriage,
matrimonial enjoyment, loving and respecting women and having
relations with them.
Speaking about marriage, the Qur'an regards it as a general
relationship of the creation which runs through the entire universe,
and covers everything therein, an atom, a plant, an animal, a human
being, etc, since it is a relationship of attraction, yearning and
connection between every two parts of a `pair' in this universe,
perfecting its system and keeping it one its right course.
This general and universal system of couplement it put in a nutshell
by the Qur'an:
"And of everything We have created pairs, that happily you may
reflect."
Holy Qur'an (51:49)
Let every man and woman understand that their relations with their
spouses should be based on a universal consciousness, beyond the
limits of pleasure and passing instinctive feelings, and reach the
depths of the general matrimonial and legal understanding of this
relationship as mentioned in the Qur'an.
If we move from the Qur'an to the Prophets' Traditions, we shall see
that they are full of sayings about diverse aspects of marriage, and
matrimonial relations, including even what happens between the couple
in their privacy and during enjoying moments of sexual intercourse.
Here are some examples concerning marriage and forming a family: The
Imam Ja'far Al-Sadiq quoted The Prophet as follows:-
"Marry (yourselves) and marry (your sons and daughters). Fortunate is
the Muslim who can afford to pay for an unmarried woman. Nothing is
more loved by Allah the Exalted in Islam than a home set up by
marriage, and nothing is more hated by Allah the Exalted in Islam than
a home pulled down by divorce"
The Imam further explained this by saying, "Allah the Exalted did
emphasize his words about divorce because He strongly hates
separation."
The Commander of the Faithful, the Imam, Ali bin Abi Talib (a.s.),
quoted the Messenger of Allah (s.a.w.) saying:
Whoever wants to follow my Tradition, then marriage is my
Tradition."
The Imam Al-Sadiq (a.s.) also quoted the Messenger of Allah (s.a.w.) to
have said:
"The lowest of your deeds are the bachelors."
It is narrated, too:
"Whoever marries, safeguards half his religion. Let him take care of
his duty to the other half.”
It is also narrated from Imam Al-Sadiq (a.s.):
"The wife of Uthman bin Maz'un, a companion of the Prophet, came to
the Messenger of Allah (s.a.w.) and said:
"O Messenger of Allah, Uthman fasts during daytime and spends the
night in prayer". The Messenger of Allah (s.a.w.) got angry, and
immediately hurried out until he came to where Uthman was praying. On
seeing Messenger of Allah (s.a.w.) he stopped praying. The Messenger of
Allah (s.a.w.) said to him: "O Uthman, Allah has not sent me with
monasticism, but with a simple and merciful monotheistic religion. I
fast, pray and touch my wife (i.e. to have sexual intercourse with her). So, whoever likes my nature, let him follow my traditions and to marry is of my Tradition.”
So, this collection of ideas, concepts and regulations, found in the
Glorious Qur'an and in the prophet's Traditions, enlighten us, with
pure clarity, humane values, a sound understanding of marriage, and an
invitation to build a family, the nest of happiness, the cradle of
love, and the lap of affection which embraces all its members and
floods them - husband, wife, children and relatives - with feelings
of love and mercy.
This lofty cultural building, the family, is the expression of a
natural feeling, an inner longing, and one's innate desire to be
sociable, amicable, and taken care of thus, the Messenger of Allah
(s.a.w.) was angry with Uthman because he neglected his wife, and
explained to him Islam's attitude, and positively told him that he is
against cloistral life which ruins marriage, destroys humanity and
contradicts human nature and life's order. That is why we hear the
Messenger of Allah (s.a.w.), on many other occasions, confirm that
marriage is of his divine and tolerant religion is an upright one -
that is, far from being abnormal or deviated. It is in perfect harmony
with the logic of universal existence and the innate natural order.
So, singleness is regarded as an evil, and marriage is regarded as
completing half of one's religion, since it regulates the instincts,
inclinations, activities and practices which affect half of the
conduct, instinctively, psychologically, socially, economically and
morally in general.
In order to accomplish its objectives harmoniously and without
contradiction, Islam disapproves the obstacles and barriers forged by
a society deviated from the principles of faith. By removing the
psychological or social hindrances in the way of building family and
establishing matrimonial relations, it prevents a clash between
different social values and the natural law of life. It breaks up
class discrimination, racialism and other differences of ignorance;
and changes them into humane values and lawful objective
considerations.
It also modifies the customs concerning marriage portion and dowry so
that it should not be too overstated and be a materialistic barrier in
the way of marriage and forming of families.
Let us read what the Glorious Qur'an says about these practical
principles and values in respect to marriage:
"And marry such of you who are single and the pious of your male
slaves and female slaves. If they be poor Allah will enrich them of
his bounty. Allah is of ample means, Knowing. And let those who do not
find means to marry keep chaste till Allah gives them independence by
his grace. And such of those who seek a writing (of emancipation) from
among those whom your right hands posses write it for them if you are aware
of any good in them, and bestow upon them of the wealth of Allah which
He has bestowed upon you. Force not your slave girls to whoredom that
you may seek enjoyment of the life of the world, if they would
preserve their chastity. And if one forces them, then, after their
compulsion, surely Allah is Forgiving, Merciful."
Holy Qur'an (24:32-33)
"Wed not idolatresses until they believe; and certainly a believing
bondwoman is better than an idolatress even though she should please
you; and give not (believing women) in marriage to idolaters until
they believe, and certainly a believing slave is better than an
idolater even though he should please you. These invite to the Fire,
and Allah invites to the Garden, and to forgiveness by His grace, and
expounds thus His revelations to mankind that they may be mindful."
Holy Qur'an (2:221)
These verses are explicit in their call for marriage and to abolish
class and financial differences and to fight against prostitution and
sexual liberties.
In Islam wealth, class, color or even beauty, should not be an
obstacle in the way of marriage. The only criterion is goodness, piety
and having good offspring. These are the values and principles of
Islam which are derived from its humane spirit and objective look at
mankind and at the reality of the social activities and phenomena.
In addition to the Qur'an, the Traditions also play an important role
in stressing and confirming these values and concepts:
"Ali bin Asbat wrote to the Imam Muhammad Al-Baqir bin Ali bin
Al-Husain bin Ali bin Abi Talib (a.s.) complaining that he could not
find anyone equal to him in status to marry his daughters. The Imam
replied to him and urged him not to look at it that way, as the
Messenger of Allah (s.a.w.) had said: If someone of good character and conduct proposes to your daughters, marry them. If you do not, there will be mischief and great corruption on earth."
The Messenger (s.a.w.) himself gave a practical example by marrying Zaid
bin Hanitha -his freed slave- to Zainab bint Jahsh - the Prophet's
cousin, - one of the noblest and most beautiful women. Later on, when
Zaid divorced her, the Prophet (s.a.w.) himself married her.
The Messenger of Allah (s.a.w.) also married Diya'a bint Al-Zubait bin
Abd Al-Muttalib of Quraish - a cousin of the Prophet too - to
Al-Miqdad bin Al-Aswad - who was far below her in nobility and tribal
position according to the customs prevalent in those days.
Commenting on this marriage, the Imam Al-Sadiq says:
"
By marrying Al-Miqdad bin Al-Aswad to Diya'a bint Al-Zubair bin Abd Al-Muttalib, the Messenger of Allah (s.a.w.) aimed at encouraging people to follow the path of the Messenger of Allah (s.a.w.) and simplify marriage and to remember that, `the noblest of you, in the sight of Allah, is the best in conduct' Al-Zubair was Abdullah's (the prophet's father) and Abu Talib's full brother."The Messenger of Allah (s.a.w.) ordered Ziyad bin Labid Al-Ansari, a
nobleman of Bani Bayada to give his beautiful daughter, Al-Dhalfa', to
Juwaibir, the Prophet's poor companion. He used to live on charity,
with some other poor, familyless persons under a roof built for them
by The Messenger (s.a.w.) called "Al-Seffah."
The story of Juwaibir starts with a wonderful dialogue between the
Messenger of Allah (s.a.w.) and his respectable companion:
"O Juwaibir,"the Prophet said, "how about your getting married, so that your wife
may keep you chaste and help you with your world and your hereafter?"
"O Messenger of Allah," replied Juwaibir, "my father and mother be
your ransom; who would like me? By Allah (I have) no ancestral
nobility, no wealth and no beauty, so what woman would want me?"
"O Juwaibir," the Messenger of Allah (s.a.w.) replied, "Allah, with
Islam, lowered him who had been arrogant during the Era of Ignorance
(Jahiliyah), made him respectable, with Islam, who had been humiliated
during the Era of Ignorance, and abolished, with Islam,
superciliousness, and taking pride in tribalism and ancestry. Today
all people, irrespective of being white, black, whether of Quraish,
Arabs or non-Arabs, are sons of Adam; whom Allah had created from
clay. The most beloved of people to Allah the Exalted, on the Day of
Resurrection, are the most pious and obedient to Him."
Then he told him to go to Ziyad bin Labid and, ask for his daughter's
hand. When Ziyad heard Juwaibir's proposal, he could not believe it,
and turned away Juwaibir at once. But his daughter, Al-Dhalfa',
protested against her father's haughty attitude towards the Prophet's
order. Finally, Ziyad relented, changed his mind and gave his daughter
in marriage to Juwaibir.
These principles and noble values are embodied in the practical live the
progeny of the Messenger (s.a.w.), who were Imam of the Muslims and the
noblest of the Arabs.
It is narrated that the Imam, Ali bin Al-Husain bin Abi Talib (a.s.)
had a wonderful ideological dialogue with the Ommayyad Caliph, Abdul
Malik bin Marwan, who used to oppose the Imam (a.s.), insult and
belittle him.
It is related that Abdul Malik bin Marwan appointed an agent in
Al-Madinah to spy upon its people and report the matter. One day the
Imam, Ali bin Al-Husayn emancipated a bondmaid then married her. The
spy informed Abdul Malik, who wrote to the Imam saying: "It has come
to me that you have married your bondmaid, while I know there are
women in Quraish who are your equal and would bring glory to you by
marriage, and would give you worthy sons. But you neither cared for
yourself, nor respected your children."
The Imam, Ali bin Al-Husain (a.s.) wrote back to him: "I received your
letter reproaching me for marrying my bondmaid, claiming that there
were in Quraish women who would have brought glory to me if I married
them and have their children. But no one is superior than the
Messenger of Allah (s.a.w.) in glory and generosity. She had been of my
belongings, I emancipated her from my possessions for a reward I
expect from Allah, then I took her back (married) according to His
law. Whoever is steadfast in the religion of Allah, nothing will harm
him. Allah has, with Islam, raised those who were despised, perfected
by it the defects, and removed worthlessness. So a Muslim cannot be
worthless, and worthlessness belongs to the Era of Ignorance."
27When Abdul Malik read the letter, he was dumbfounded and threw it to
his son Sulaiman, acknowledging his failure in insulting the Imam
(a.s.).
Sulaiman, having read the letter, told his father: "O Commander of
the Believers, how boastful, Ali bin Al-Husain is to you!
Abdul-Malik replied, "O Son, do not say so, He is the most elegant of
all Bani Hashim who `split the rock and drank out of an ocean' (of
Knowledge)., Ali bin Al-Husain, dear son, gets higher where other
people get lower."
In this way Islam has removed the gravest and most hindering of
obstacles which contradicted the human spirit and nature.
Having managed to overcome this social handicap, and to change this
backward and ignorant way of thinking, Islam tackled another
materialistic problem, whose bad effect was hindering marriages and
the establishment of families, that is the problem of high
marriage-portions.
Having defined the concept of marriage as a universal and natural
system through which man performs the legal ties and connections,
Islam looked upon marriage-portion as a secondary thing and placed
marriage high above all materialistic benefits and interests. It
abolished all concepts which regarded marriage-portion as the woman's
price, or as wedding expenses.
Islam regards the mutual consent of both parties, the husband and
wife, as two corners of matrimonial relations, the best reason for
concluding a marriage,
* while the marriage-portion is but a gift onwhich the legal contract is based. It is fixed before concluding the
legal contract. Although Islam does not fix any limits, however, it
encourages the lowest possible sum acceptable to the bride, even a
Dirham or less than it. It also allows marriage-portion to be in the
form of a service, such as teaching the wife to read and write, or to
memorize a chapter (Sura) of the Glorious Qur'an, or even to teach her a foreign
language or a certain profession, etc.
All these are devised to make marriage easy, and to do away with
whatever obstacles which stand in the way, like high marriage-portions
which in our contemporary society force people to remain single and
are a serious hindrance to a marriage.
These obstacles are all due to the resurgence of the backward
pre-Islamic concepts about marriage-portion, wedding expenses and
gifts for the bride, especially after the high cost of living and low
individual incomes.
So, in order to solve these social problems and help the individual
build family life easily and orderly, Islam strongly detests and
resists the high cost of weddings and extravagance, and urges people
to reduce the demands of marriage-portion to the lowest possible
level.
The Messenger of Allah (s.a.w.) has said:
"The best women of my people are the most beautiful, but ask the
lowest possible `mehr' (marriage-portion)".
It has also been said:
"The blessing of a woman is her modest mehr"
Also, it is narrated:
"...as to woman, her misfortune is in her high`mehr' and (troublesome) delivery..."
The marriage of Fatimah (a.s.), daughter of the Messenger of Allah (s.a.w.),
was unique regarding her portion. She married the Imam, Ali (a.s.) for a
modest sum of money ever recorded in history with pride and
endearment, despite the fact that she was the daughter of the
Messenger of Allah (s.a.w.), the noblest of the women of the world, and
that her father could afford her with a wealth matching that of the
women of Ceasars and Chosroes. Yet his goal was much more superior and
Fatima's personality and her marriage were much higher above wealth,
furniture and the trivialities of this world.
History has preserved this wonderful picture with respect and
splendor;
When the Messenger of Allah (s.a.w.) wanted to marry his daughter to the
Imam `Ali (a.s.), he asked him:
"Have you anything to marry with?"The Imam replied that except for a sword, an armor and a camel, which
the Imam sold for 480 Dirhams and handed the sum to the Prophet
(S.A.). The Prophet accepted this modest sum, and asked men and women
to purchase garments for the bride, some furniture and other household
necessities.
These were as follows:
1.
An Egyptian woollen mat.2.
A leather pillow filled with palm fiber.3.
A cloak from Khaiber.4.
A water-skin.5.
Earthenware mugs.6
. Earthenware water jars.7.
A water basin.8.
Thin woolen curtains.9.
A bed with ribbons.10.
A mat from Hajar.11.
A vessel for dyeing.12.
A milk bowl.13.
A shirt.14.
A small water-skin.15.
A sieve.16.
A towel.17.
A stone hand-mill.18.
A copper pot.This modest picture of the new home for the said cost was meant by
the Messenger of Allah (s.a.w.) to be an example of the highest level,
personifying the principles practically to be followed in life by
Muslims.
!- How the Building of the Family Begins?
The family, that important edifice based on legal foundations and
humane relations, as well as on natural and instinctive ones, is a
serious human building. Islam paved the way to its establishment,
through the following basic preparatory and constructive steps:
1. Encouraging and simplifying marriage, as has already been
explained.
2. Choosing the spouse. Since this is quite an important matter, and
on it are based the lives of the married couple, and the future of
their family and children, Islam takes special care recommends good
morals and physical attributes and righteous conduct as a code to be
observed by both parties on selecting a spouse. It also draws
attention to the unagreeable and detestable characteristics which are
to be avoided when choosing a partner.
Thus, Islam asks a man to choose a chaste, affectionate, and pious
woman of good character and manners, of a family known for its honor
and good conduct, endowed with a respectable personality among her
family and relations. Furthermore Islam does not neglect the aesthetic
elements such as beauty and good-looks, as well as the masculine
physical characteristics desired by women. But it does not give these
elements priority over morality and good behavior. Islam considers
these to be of secondary importance and below the attributes necessary
to be a good husband and wife.
The Traditions of the Prophet glitter with numerous sayings that
throw light on this important aspect of man and woman. Following are
some of his sayings dealing with this crucial subject:
"Beware of the green manure! Asked what a green manure meant, he
replied" A beautiful woman growing up in a bad environment"
"Choose for your seed, as the uncle [wife's brother] is [represented
by] one of the two bedfellows".
"Look for goodness in the beautiful faces, as their deeds are apt to
be good."
"Marry a pious woman, [or] your hands may be dirtied."
"Marry the virgin the prolific, not the beautiful but barren."
"Let me tell you about the worst of your women: The humiliated among
her folk, the haughty with her husband, the spiteful barren, the one
not refraining from evil, adorning herself during her husband's
absence, showing chastity only in his presence, heedless to his words,
disobeying his orders, recoiling from him when alone together like an
uncontrolable horse in riding, accepting no excuse from hem, and
forgiving none of his."
"The best of your woman is the prolific, the affectionate, the
chaste, the endeared of her family, humble with her husband, adorns
herself in his presence, fortifies herself against other than him,
listens to his words, and his orders, offers herself to him when
alone, but not so unabashed like him."
Imam Ali bin Al-Husain (a.s.) said:
"If one of you wants to marry, inquire about the woman's hair, as you
inquire about her face, as hair is one of the two beauties."
Likewise there are guidelines for the woman about the basic
characteristics to be sought for in a husband.
Imam Muhammad Al-Baqir (a.s.), has related from the Prophet:
"The Messenger of Allah (s.a.w.) said: If a person of good character
sends a proposal to your daughter, then marry her to him. If you do
not, there will be mischief on earth and wide corruption."
The Messenger of Allah (s.a.w.) further said:
"Do not marry a drunkard even if he proposes."
once Hussayn bin Bashshar Al-Wasati wrote to the Imam Ali bin Musa
Al-Ridha (a.s.), saying:
"A relative of mine has proposed for my daughter but he is rather
ill-tempered."
The Imam advised him:
"Do not marry to him if he is ill-tempered."
The second step towards establishing a family is the constructive one
which begins with the conclusion of the marriage contract between a
man had a woman. The marriage legally pronounces them husband and wife
and is an agreement for lawfully enjoying each other's company.
This contract cannot be concluded without the consent of both the
parties, since they are the two props that bring it in existence and
give it its value.
It is noteworthy to say that it is the woman, or her agent, who
conclude the contract, and not the man. It is she who offers to marry
the man, consents, agrees, fixes the `mehr' that is the amount of
money to be paid to the bride and to be mentioned while making the
agreement. She may also impose special conditions other than the
matrimonial rights granted by the Islamic personal law. This is true
of the husband too, provided that these conditions do not contradict
any established religious principles.
The marriage agreement is concluded orally, as follows: The woman
says to the man: "
I marry you against a portion of (the amount is tobe stated.) The man immediately replies: "I accept".
So, when the woman or her agent, pronounce this text of the agreement
and the man or his agent accepts it, the agreement or the man or his
agent accepts it, the agreement or the contract is concluded between
the couple, and the matrimonial relations start and what had been
forbidden for them before the conclusion of the agreement, becomes
lawful for them to do. They are now free to start a family and enjoy
married life as the agreement authorizes both parties to build a
family. So, marriage is a process of consent and agreement between
the wills of man and woman. No marriage and no legal
relations can be established between them per force or without their
free will and consent, because marriage, in its creative meaning,
cannot be accomplished except through psychological and voluntary
harmony the man and the woman.
2. The Guardian and the Marriage Contract:
The Sacred legislation permits the father or the
grandfather-representing the father to marry his minor son or daughter
(below the age of puberty) and this agreement is regarded valid,
unless it is harmful and disadvantageous to either the boy or the
girl, in which case when they come of age they are free either to
accept the marriage conducted by their guardians or reject it.
Concerning a grown up woman who has legally come of age, if she is
divorced or widowed, her father and grandfather have no authority upon
her. She is the one to choose her spouse according to her free will.
But, as regards the virgin, the religious learned scholars have different opinions about the role of the father or the grandfather, in conducting her
marriage. They back their opinions with suitable Traditions and Saying
of the Prophet (S.A). On studying these opinions we find them fall
into three categories:
1. Some say that the father (or the grandfather or their agents)- has
the right to use his authority over his virgin daughter in respect to
her marriage, Accordingly, the guardian of the grown up virgin has the
right to marry her to a suitable man even without her consent. They
say that such a marriage is legal and valid and she cannot reject it.
But if he selects and inefficient man, or he cares only for his own
selfish interests resulting from such a marriage, it is considered
illegal and she has the right to reject it.
2. Another group of religious learned scholars suggest that the consent of both
the father or the grandfather or their agents and the daughter is
necessary. They maintain that the father cannot marry his daughter
without her consent and similarly she cannot accept a marriage
proposal without her father's consent. Neither of them has the right
to act unilaterally; as the lawfulness of this procedure depends on
their unanimous consent, provided the guardian would not choose an
unsuitable husband; but if he did and insisted on his choice, his
consent will no longer be considered necessary, and she is free to
marry herself, disregarding her guardian's consent.
3. A third group of religious learned scholars say that a grown up virgin who has
come of age cannot be subjected to the authority of her father,
grandfather or their agents, and they have no right to marry her
forcibly according to their choice, and, at the same time, she is not
obliged to ask for their consent to marry. It is only she herself who
can select her spouse. This group regards marriage to be a contract
just as any other contract. They maintain that since the grown up
woman has the right to conclude contracts or transactions like buying,
selling, possessing, donating, etc., and nobody can prevent her from
doing so, or even take part in the making of her decisions, similarly
she can act the same in respect to marriage. They back their opinion
with a number of Traditions and Sayings of the Prophet (s.a.w.) which are
stated in their arguments.
By analyzing these arguments, we understand that none of the
Religious learned scholars deny the virgin from exercising her will or harming her.
On the contrary, they try to protect her against any act of rashness
caused by her naive youth and tender adolescence or driving desires,
and prevent her from falling a prey to the seduction of men and their
carnal desires, which may turn her into means of pleasure and
exploitation. That is why these religious learned scholars insist on the father's
consent or leave the matter to him, provided his decision does not
bring her any harm, in which case they demand that she herself should
be mature enough and be capable of understanding such affairs.
However the most important thing is that the woman has to obey the
instructions of the `Mujtahid' (the authority on Divine Law) in this
regard, of whom she is a follower and not of anyone else.
Thus, Islam establishes an orderly family on exact moral an legal
foundations, based on a strong and lasting construction so that the
family, through sound married life, may play its great human role in
the society.
2- ORGANIZING FAMILY RELATIONS
The major task undertaken by Islam is the organization of the human
life and its protection against disintegration and disorder by
rational laws, values and morals.
In Islam the family is the keystone of the social building and
organizes, controls and supports the order of society; and it is also
the starting point for the psychological and moral guidance of the
society. So Islam concentrates on the orderly organization of the
family by laying the legal and moral bases necessary for systematizing
the life within its limits and describes every psychological and
instinctive element that is required. Therefore, it defines the
following basic rights as the firm foundation of a family.
1. The rights of a wife upon her husband.
2. The rights of husband upon his wife.
3. The rights of children upon their parents.
4. The rights of parents upon their children.
5. Heritage.
1. The Rights of a Wife Upon Her Husband:
In order to establish the relationship between wife and husband on a
sound and explicit base in accordance with a clear and defined
religious principle, the Qur'an says:
"... And they (women) have rights similar to those (of men) over
them in a just manner..." Holy Qur'an (2:228)
Through this wonderful legal relationship, Islam builds the
connection between the couple on the basis of an exact and just
equation. The woman has her legal rights upon her husband, as also the
man legal rights upon her. In short, Islam has imposed certain rights
upon both husband and wife.
Studying the marital relations in Islam we realize that Islamic laws
advocating marital bonds between man and wife are based on affection,
mercy, kindness and good treatment towards each other and consider the
marriage contract as a sacred covenant.
How wonderfully Imam Ja`far bin Muhammad Al-Sadiq (a.s.), refers to
this sacred contract! He says:
"When one of you wants to marry a woman,let him say to her: `I accept the covenant taken by Allah': ...And then (a woman) must be retained in honour or released in kindness.'
The religious texts and concepts define the rights of the wife upon
her husband as follows:
a. Maintenance:
The Wife has the right of being properly maintained
by her husband and he is responsible for providing his wife with food,
clothes, residence, medical treatment, adornment (as per his means)
and other expenditures needed by the wife and becoming her social
status, on one hand, and falling within the husband's financial means,
on the other.
Allah the Exalted says:
"Lodge them where you dwell, according to your means, and harass them
not so as to straiten life for them. And if they are pregnant, then
spend for them till they bring forth their burden. Then, if they give
suckle for you, give them their due payment and enjoin one another
among you to do good; but if you disagree, then let other (woman)
suckle for him (the father of the child.) 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 does not lay a burden
on any soul, except that which He has given it. Allah will bring about
ease after hardship." Holy Qur'an (65:6-7)
b. Good Treatment:
The following verses of the Qur'an explain the sharing of affection
love, confidence and respect with her.
"...And treat them (woman) kindly..."
Holy Qur'an (4:19)
"...And then (a woman) must be retained in honour or released in
kindness..."
Holy Qur'an (2:229). This refers to the period of alimony for the divorced wife who, if pregnant, is to be provided for till she gives birth to the child.
"And of His signs is this: He created mates for you from yourselves
that you may find rest in them, and He ordained between you love and
mercy...".
Holy Qur'an (30:21)The Messenger (s.a.w.) said:
"Verily the best of you is the best to his women; and I am the best
of you to my women."
He also said:
"May Allah bless the man who does good between himself and his wife;
as Allah the Exalted has given him authority over her and made him her
guardian".
Family life is the fountain of happiness and the source of love and
affection. In the warmth of the home man finds his comfort and
stability, and near his wife he feels pleased and secured.
The more affectionate the relations, the better the companionship
between the couple and the deeper the feeling of peace, security and
comfort in the souls of husband, wife and the children.
How exact is the Prophet (s.a.w.) when he says:
"A man's words to his wife: `I love you' would never go out of her heart."
Islam enhances good companionship with the wife, fulfilling her
psychological and aesthetic inclinations and satisfying her sexual
and instinctive desires so that all their marital dimensions may rub
against each other.
It insists even further than that. Islam asks the husband to resort
to every means and method that cause his wife to love him, physically,
spiritually and instinctively, tying her tightly to him. Islam urges
man to be keen on keeping himself good-looking and attractive to her,
responding to her sexual desire, starting with foreplay for excitement
so that he may reach climax with her simultaneously, as she is a
matching partner to him in enjoying sexual pleasures. She is not a
mere means for satisfying man's desire. A Tradition says:
"All the believer's diversions are futile, except in three instances:
in paying court to his wife, as (only) these are true."
"When one wants to have sexual intercourse with his wife, one may not
hasten her, as women, too, have their desires"45
"Three acts are considered to be rude: to accompany somebody without
asking his full name; to refuse an invitation for a meal, or to accept
it but refuse to eat; and to start sexual intercourse with the wife
before foreplaying."
It is related that: The Messenger of Allah (s.a.w.) on entering the house
of Umm Salama, smelled a strong perfume. He asked;
"Is Al-Hawla'here?" Umm Salama replied: "Yes, she is here complaining about her
husband." Al-Hawla' came out and told the Prophet: "My husband
neglects me". He said: "Give him more, Hawla' ". She answered: "I
leave no perfume without using it, but he still disregards me." He
remarked: "If only he would know what he would get by approaching
you!" She asked: "What would he get by approaching me?' The prophet
replied: "If he approached you, two angels would escort him and he
would be like a man drawing his sword to fight for the cause of Allah.
Then by having sexual intercourse, his sins would fall off him like
leaves from a tree and when he takes the bath, his sins would wash off
him."
Al-Hasan bin Al-Jahm narrates that he saw the Imam Al-Rida (a.s.) with
his beard dyed. So I asked him
: "May I be your sacrifice, I see youhave dyed." The Imam said, "Yes, embellishment increases the chastity
of women. They abandon chastity when their husbands abandon
embellishment." Then he continued "Would you like to see her as she
would see you, without adorning herself?" Ibn Al-Jahm answered in the
negative. The Imam replied, "that is it. The habit of the prophets is
to be clean, to use perfumes, to trim the hair and to frequent their
wives"
By the above quotations regarding rights of the wife upon her husband
we can illustrate a clear picture of leading a good marital life and
fulfil all aspects of the material, moral, instinctive and aesthetic???? relations between husband and wife.
2. The Rights of a Husband Upon His Wife:
To complete the equation between man and woman, Islam grants the
husband certain well-defined rights upon his wife. (These are, however,
less expensive and narrower in scope than her rights upon him.)
By analyzing the Qur'an and the Prophet's Traditions we discover the
basic rights granted by Islam to the husband upon the wife - rights
that are explicitly and exactly defined:
"Men are the maintainers of women, because Allah has made some of
them to excel others, and because they spend out of their property
(for the support of women)." Holy Qur'an (4:34)
According to a narration, a woman came to the Prophet (s.a.w.) and asked
him
: "O Messenger of Allah, tell me what right has the husband uponthe wife?" He said: "A lot." She said: "Explain me some of them." He
replied, "She may not fast without his permission,
nor may she go outof her house without his consent. She has to use the best of perfumes,
to wear the best of her clothes, to adorn herself as best as she can,
to offer herself to him day and night, and still his rights are more
than that."
For a better explanation, the husband's rights upon his wife can be
classified as follows:
a. Protecting his home, wealth and children: The husband should make
the necessary arrangements for the household and the family, otherwise
the wife is not responsible for housekeeping, cooking, cleaning etc.
It is not compulsory for her to suckle her children, attend them or
nurse them. Yes, Islam renders these affectionate acts for the woman
and considers them good deeds and a away of approaching Allah, unless
such responsibilities agreement.
A Tradition concerning man's right upon his wife, says:
"No Muslim got a better benefit from Islam than a Muslim wife who pleases her
husband,
obeys his orders and protects his honour and his propertyduring his absence."
We also read about a wonderful arbitration conducted by the Messenger
of Allah (s.a.w.) between the Commander of Believers, `Ali bin Abi Talib
(a.s.) and his wife, Fatimah, the daughter of the Prophet (s.a.w.) the Imam
Al-Sadiq narrates:
"Ali and Fatimah came to the Messenger of Allah (s.a.w.) for arbitration concerning housework. The Prophet (s.a.w.) decided that all house - hold work should be done by Fatimah, and all the works outside the house were to be done by `Ali (s.a.w.). Fatimah later said: none but Allah knows how much pleased I was with this judgement of the messenger of Allah (s.a.w.) which spared me a man's job."
b. Obedience and Authority: The family is an important social unit
whose orderly construction depends on sound discipline and efficient
organizing. As there should be some one entrusted to shoulder
responsibility over his beloved family and undertake the task of
guidance and leadership within its prescribed limits, Islam has
therefore, authorized the husband to be obeyed and given him the upper
hand over his wife and children, until they come of age. This
authority, however is under the condition that he may not issue orders
contradicting the commands of religion and its principles. If he
orders his family to commit a sinful act, his right will lapse and he
should not be obeyed. A Tradition says:
"No creature is to obeyed in disobeying the Creator."
The following quotation from the Qur'an confirms the rights of a
husband:
"Men are the maintainers of women, because Allah has made some of
them to excel others, and because they spend out of their property
(for the support of women.)" Holy Qur'an (4:34)
A Tradition of the Messenger of Allah (s.a.w.) says:
"She may not go out of her house without his consent and should
obey his orders."
C. Good Behavior:
In order to provide an atmosphere of love andstability for her husband and her children, she is to do away with all
causes of unrest, disgust and whatever may disturb the peace of the
family. This can be achieved by showing affection and amity to the
husband and by infusing the home atmosphere with feelings of love, joy
her, what he hates to see and hear. The more the sense of beauty grows
in one's self, the more one's need for love and affection is satisfied
and the less the causes of trouble, boredom, frustration, bitterness,
hatred, etc. Thus, such a harmonious family life full of love, joy and
affection would certainly have its effects on the behavior of its
members, and on their relations with the society, especially the
children, who grow up in the arms of such a loving atmosphere,
contrary to a miserable and unhappy family, where the husband leads a
life of hatred, tension, repulsion and ill - temper, thereby bringing
ruin to the family. Such environments badly affect the children,
causing them to be complex and miserable, or even pushing them to be
aggressive, irresponsible and lead a vagabond life.
Islam urges the mother to be the source of love. beauty, peace and
security in the house and advises her to endeavor to create a tightly
knit family life full to harmony and affection.
A man said to the Messenger of Allah (s.a.w.):
"I have a wife whowelcomes me at the door when I enter the house, and sees me off when I
leave. When she sees me grieved. asks me: `What are you grieved for?
If you are anxious about your livelihood, it is guaranteed by other
than you; or if you are worried about your hereafter life, may Allah
increase your worries". "The Messenger of Allah (s.a.w.) said: "Allah has
agents and she is one of them. She will get half a martyr's reward."
According to Jabir bin Abdallah Al-Ansari: Once the Prophet (s.a.w.)
said:
"The best of your women is the prolific, the affectionate, the
chaste, the endeared of her family, the humble to her husband,
fortified against other than him, listens to what he says, and obeys
his orders, offers herself to him when alone, but not in an unabashed
manner like his."
d. Pleasing the husband:
The wife should pay proper attention to hermake - up and appearance, to attract the husband and respond to his
sexual inclinations, since this is quite effective in pulling the man
to his wife and strengthening the relations of love between them, she
should provide him with ways of enjoying her beauty and satisfy his
desires and prevent him the temptation of throwing himself into the
traps of forbidden desires.
Imam Al-Sadiq relates that a woman who came to the Messenger of
Allah (s.a.w.) was asked by him whether she was a `put-off woman'? She
asked the meaning of that, and the Prophet replied
: 'She is the womanwho, when her husband calls her for some need (i.e. to make love), keeps putting it off until he falls asleep. Such a woman will, then, continuously be cursed
by the angels until husband wakes up."
The Qur'an briefly states the right of enjoying one's wife, by
saying:
"Your women are tilth for you (to cultivate) so go to your tilth when
you like and do good beforehand for yourselves, and be careful (of
your duty) to Allah, and know that you will (one day) meet Him. Give
glad tidings to believers, (O Muhammad)." Holy Qur'an (2:223)
According to the above verse, the Qur'an confirms man's right to
enjoy his wife in diverse ways, as she, too, has the right to enjoy
this relationship.
The moral and legislative note of the above verse regarding this
lawfulness is evident by the ideal advice of the Qur'an:
"... and do good beforehand for yourselves, and be careful (of your
duty) to Allah, and know that you will (one day) meet Him. Give glad
tidings to believers".
These pieces of advice concerning man, woman and the sexual relations
prove the fact how intelligently Islam has devised ways for both
husband and wife to enjoy themselves according to their respective
rights, so that there can be neither oppression, nor exploitation of
the woman as a result of man's extravagance or misuse.
Islam, which encourages the woman to pay attention to her beauty,
appearance and adornment for her husband and to show affection to him,
at the same time prohibits her from doing the same for any other man
than him, because it would create psychological separation between the
couple and drive the woman to deviation, shamelessness and
faithlessness, besides creating tension, mistrust and hatred in her
husband's heart, and finally destroying the noble edifice called
family.
Hence a Tradition says:
"If a woman angers her husband unjustly and sleeps, Allah would not
accept her prayers until the husband is content with her; and if a
woman uses perfume for other than her husband, Allah would not accept
her prayer until she washes it away as she washes pollution from
herself."
3. The Rights of Children Upon Their Parents:
Children are the fruits of marital relations. They are the adornment
of the house, the beauty of the family, and the seeds guaranteeing
the continuation of life. That is why Allah has made maternal
affection the strongest of all other living instincts. Childbirth is
linked to the desire to survive and be eternal and children represent
the continuation of the parents' survival in life.
Islam expresses and interprets these and innate human feelings
through its laws and legislations, regulating marriage, parental
relations and responsibilities, defining the parents' relations with
their children and designing the rights and duties of each member in
proportion to his role in the family.
a. The father is responsible for providing sustenance for his
children as well as meeting their other needs as long as they are
below adulthood and even after it, should they be unable to earn their
own livelihood due to reasons accepted by Islamic law, such as illness,
disability, and the like.
In this way this relationship and the principle of reciprocal
undertakings continue. These relations have material and moral
dimensions effective in the construction of the family and the society
and in strengthening the ties among the members of the family. So the
father is the one who is responsible for arrangements to bring up,
nurse, suck and attend his children during their childhood. The
mother is exempted from this task. Islam gives the mother the right to
be paid for giving suck to her children and for nursing and bringing
them up, as the mother is not responsible for that. But she is
responsible for proper care and guidance for her children and to bring
them up as best as she can, since her role at home is that of a
teacher, educator and guide.
But if she volunteers to take care of her children, give them the
suck, nurse them, etc., it will be a deed Allah likes to see, and
rewards her for it. Actually, Islam encourages her to do so but
without any compulsion or obligation.
b. The second right of the children upon their father is the latter
duty in bringing them up with proper guidance, and treating them with
the spirit of love and affection.
Naturally a child needs paternal care, love and affection, much as it
needs milk, medicine, clothes, etc. The following Traditions urge love
and affection towards children:
"Love children and have mercy on them. When you promise them, keep
it, as they think it is you who support them."
"Whoever kisses his child, Allah the Exalted writes for him a reward;
whoever pleases his child, Allah will please him on the Resurrection
Day; and whoever teaches his child (how to read) the Qur'an, he and
the mother (of the child) will be dressed in the hereafter in suits
whose illumination will light the faces of the dwellers of paradise".
"Allah will have mercy on the man who passionately loves his child".
It has scientifically been confirmed that children who live in an
environment of love, affection and parental care, grow up free from any
complexities, psychopathics and symptoms of weak personality. Science
has also proved that harmonious parental relations have positive
effects on the behavior of the children and on their relations with
the others, in childhood, adolescence and adulthood. On the contrary,
the child who lacks affectionate treatment and grows up in an
atmosphere of hatred, spite and negligence, acquires a loose and weak
personality, irresponsible and aggressive behavior and suffers
from inferiority complex.
Consequently, Islam lays stress on the responsibility of fathers in
bringing up the children with proper guidance. It says:
"O you who believe! Save yourselves and your families from a fire
whose fuel is men and stones, over which are set angels strong and
severe, who do not disobey Allah in what He commands them, but do as
they are commanded."
Holy Qur'an (66:6)A man came to the Messenger of Allah and asked him: "What right has
this son of mine upon me?" The Prophet replied:
"Give him a good nameand a good education and place him in a good position".
Thus, it is the responsibility of the father to guide his children
and educate them so that they can lead a righteous life. Islam
entrusts the father or the consanguineous grandfather, authority and
control over the children. At the same time, it holds him responsible
for his children's behavior to the rights of others in society
4. The Rights of Parents Upon Their Children:
"And We have enjoined man concerning his parents - his mother bears
him in weakness upon weakness, and his weaning takes two years - Be
grateful to Me and to your parents. To Me is the eventual coming."
Holy Qur'an (31:14)
"And your lord has decreed, that you worship none save Him and (you
show) kindness to parents. If one of them or both of them reach old
age with you say not `Fie' to them nor repulse them, but speak to them
a generous word. And make yourself submissively gentle with compassion
to them, and say: O My Lord! Have mercy on them both as they did care
for me when I was little." Holy Qur'an (17:23-24)
Islam does not grant such great attention and respect to any others
except the parents, nor is anybody else granted rights similar to
those of the parents upon their children.
Allah states their next to His upon man. As He commands man to
acknowledge Allah's generosity and to thank and worship Him, likewise
he commands man to thank his parents, obey them, show kindness to
them, have mercy on them and be humble to them, as they are the means
of man's existence and the source of life. The mother had borne him in
her womb. nourished him with all her heart and love, tenderly
whispered lullabies in his ears day and night, deprived herself from
comfortable sleep in order to attend him, throughout her life
surrounded him with feelings of love and care. She regards him as her
soul and her heart beating in another body. So naturally she deserves
to be treated with kindness.
Is there anyone more deserving than her?
There is a Tradition which says:
"Paradise lies at the feet of the mother."
How expressive was the Prophet's answer to a man who came to him and
asked: "O Messenger of Allah! Whom should I be more dutiful to? The
Prophet (s.a.w.) replied: "
To your mother". The man asked: "Then to whom?"He replied: "
To your mother. " Once again the man asked: "Then towhom?" The Prophet (s.a.w.) Said: "
To your father."The respect for the mother does not mean that Islam has neglected the
father. In fact both the parents are to be obeyed and respected by the
children. A Tradition says:
"Allah's pleasure is in father's pleasureand Allah's displeasure is in father's displeasure."
The father is the beloved sustainer, the spender, and
the one who exerts his efforts and bears hardships to provide for his
children a happy and comfortable life. He sees his children as a
reflection of his own existence and an extension of his life after his
death.
The letter which the Imam Ali (a.s.) sent to his son, the Imam Hasan,
is an example for all fathers who believe in Ali's noble principles
and endeavor to follow his lofty ideas:
"...My dear son, you are a part of my body and soul and whenever I
look at you I feel as if I am looking at myself. If any calamity
happens to you, I feel as if it has befallen me. Your death will make
me feel as if it was my own death. Your affairs are to me like my own
affairs..."
So, if these humane feelings and noble aspirations logic of morals
and the conduct of conscience dictate to the children to respect their
fathers and be kind and thankful towards them, since the children's
offers and feelings are too meager to match those of their fathers.
Therefore, the sons' duty is to be kind, thankful and grateful, as an
acknowledgement and an attempt to feel content, never as a complete
and full compensation, nor even a quittance.
In order that the paternal rights may not be mere moral advices or
recommendations, Islam has defined these rights as legal duties and
obligatory legislations, imposed on the sons, and warns them of severe
punishment for neglecting to carry them out. The sons must take care
of their fathers when aged and in need. They have also to sustain them
if they are incapable of working. in case of any deviation on the part
of the son the judiciary has the right to force the son to obey. Islam
regards negligence towards one's parents a capital sin, and prohibits
even the slightest sign of such disobedience, even the utterance of
such an expression as "fie", let alone showing the signs of hatred
towards them.
A Tradition says:
"
The least disobeyance??? is to say `fie' [to the parents]. Had Allahknown anything less than that, He would have forbidden it."
"Whoever looks at his parents with aversion, even if they have
wronged him, Allah would accept none of his prayers."
Thus, Islam enjoins the sons to be kind to their parents, even if the
latters wronged them. So it keeps on emphasizing the necessity of
being kind and lenient to the parents that it regards a look of love
and mercy at the parents a kind of worship to Allah, as is evident
from the following Tradition:
"An affectionate look by a son towards his parents is servitude to
Allah".
This is encouraged not only during their life-time, but this
heartfelt and deep human relation of the sons to their parents is to
continue even after their death, as a dead father is more in need of
kindness than a living one. Life is the world of events and human
activities, where man can manage his own affairs, or seek the help of
others to accomplish or solve them. But a dead man can do nothing:
"My power has gone from me."
Holy Qur'an (69:29)"And a barrier is set between them and that which they desire..."
Holy Qur'an (34:54)
They cannot make bequest nor can they return to their own families."
Holy Qur'an (36:50)
Therefore, a dead man is cut off from this world except for the
causal relations created during his life.
Good deeds done during lifetime are the only assets in the hereafter.
So he needs a virtuous existence here, enriching and growing it with
means of goodness, since his fate in the hereafter depends on what he
has done in this world.
He cannot go back, but he is still in need of help to set his misdeeds
aright. So who can help him? Who can make up for the man's misdeeds in
this world to which he cannot return? The Traditions of the Prophet
(s.a.w.) answer these questions. They point out the extension that the
man has left behind and which continues even after his death. This
extension is part of him, a good harvest of the seeds the had sowed.
The Prophet (s.a.w.) said:
"When a man dies, his acts stop, except for three: (In leaving) a
running charity, a benefiting knowledge (for mankind) and a virtuous
son who prays for him."
Thus, as the prophet (s.a.w.) says, kindness towards parents does not
stop at their death but should continue even after.
A bedouin once asked the Prophet (s.a.w.):
"O Messenger of Allah! Isthere any more kindness that I can do for my parents? "He answered:"
Yes, pray and ask forgiveness for them, pay their debts which were
left unpaid, keep the kinship bonds which may not be kept without them
and honour their friends."
Therefore, sons have to be kind to their parents, do good to them,
pay their debts, perform their obligatory duties which they could not
do during their lives, such as prayers, fasting and pilgrimage, and
continually ask Allah to forgive them. These are the rights of parents
upon their sons, as are clear from the following Tradition:
"If a man is obedient and kind to his parents during their lives, but
when they die neither he pays their debts nor he asks forgiveness for
them, Allah would register him as a disobedient, And likewise if a son
who is neither kind nor dutiful towards his parents but after their
death he pays their debts ans asks forgiveness for them, Allah the
Exalted would register him as an obedient son!”
So, Islam enjoins the eldest son to compensate for the prayers which
his father could not perform during his life, in case the father had
not paid somebody else to do so. Furthermore, the heirs are to pay for
the deceased's pending Hajj pilgrimage, fasting and debts, as well as
to re-compensate those who had been wronged by him, all out of his
legacy before dividing it among the heirs.
5. Heritage:
This is the fifth and the last base of an organized family. Heritage
is a financial legislation with economic and psychological objectives,
aiming to strengthen the ties among the members of the family. The
heritage law in Islam achieves a number of goals, among them are:
1. It strengthens the ties of love between the father and his
children, wife and other members of his family. He is satisfied that
his family inherits his wealth, the fruit of his efforts, while they
feel he has favored them with his belongings which will assist them
in their lives, opened to them the doors of work and helped them earn
a livelihood.
2. It guarantees an orderly and balanced economic distribution as the
wealth owned by an individual is divided among the survivors. It helps
in controlling inflation on one hand and in overcoming poverty on the
other.
3. It encourages the individual to do productive work and double his
efforts, as he knows that it is his nearest and most beloved ones that
would inherit him and, therefore, he will be keen on providing them
with a happy and secure future, especially if they are still minor and
incapable of earning their livelihood. (Compare this wise Islamic law
with the absurd laws of a society disbelieving in heritage, such as
the socialist society. The individual there, finds no justification
for increasing production and doubling his efforts, since his wealth
goes to the government after his death, that is, it would be seized by
those who are not connected to him and avail him or his survivors no
benefit.)
4. The just distribution of the legacy among the relatives of the
deceased makes them all, male or female, feel equal, wipes away from
their souls aversion and hatred, and safeguards legal and moral
justice in its best form, unlike the laws' that grant the legacy to
males, excluding females, or grants it to the eldest son, as is the
case in many man-made laws and deviated legislations.
Thus the Islamic religion builds, in this way an orderly and
harmonious family and keeps its members, even after the death of its
sustainer, by providing them with financial security founded on a
sound psychological and moral basis.