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 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)

 

"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 lawful

enjoyment 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."27

When 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 on

which 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 to

be 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 you

have 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 upon

the 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 out

of 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 property

during 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 and

stability 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 who

welcomes 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 her

make - 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 woman

who, 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 name

and 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 to

whom?" 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 pleasure

and 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 Allah

known 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! Is

there 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.