The Halal and the Haram in Marriage and Family Life

Edition	Availability
1 The Halal and the Haram in Marriage and Family Life: envisioning the next 50 years December 2014, Beulah Concepts hardcover	aaaa Nearby Libraries

Acknowledgment

My profound gratitude firstly goes to almighty God (Allah), who gave me the knowledge, skill, inspiration and courage to write on such challenge topic as “THE HALAL AND THE HARAM IN MARRIAGE AND FAMILY LIFE”

In addition, I want to thanks god (Allah) for these special people in my life who have supported me in no measurable way in seeing to the publication of this book.

My parent: Mallam Mukhtar Usman Tajo and Alhaji Ibrahim Usman. my sisters, especially Zainab Aliyu Yahaya who made time out of her tight schedule to type the manuscripts and Rabi’atu Salisu Danyaro for her encouragement and support. My cousin: Maryam Abubakar Hussaina, who introduced me to the world of knowledge. My good friends, Abubakar Hamisu Sayaya and Khalifa Usman Aliyu, whom stay close to me while am writing the manuscript.

Lastly I will not forget with my mentor’s, Mallam Auwal Jalingo, M.B Usman and my editor Mallam Abubakar Abul-Fikrah for all their contribution toward this book. May Almighty Allah grant you with Jannatul Firdausi.

DEDICATION

This book is dedicated to the memory of my late father, Alhaji Abdullahi Usman Tajo. May the blessing and merciful of Allah goes to his grave, and for all his good deed may Allah accept it and for his mistakes may Allah forgive him and Bless him with Aljannatul-Firdausi

TABLE OF CONYENTS

THE HALAL AND HARAM IN MARRIAGE AND FAMILY LIFE

1. The physical Appetites

The prohibition of APPROACHING ZINA

Khulwah

Looking with Desire at the opposite sex

The prohibition of looking at the Awrah of others

What may be seen of the man or woman?

The Display of women’s Adornment what is permissible and what is not

Woman’s Awrah

Concerning women’s going to public Baths

The prohibition of the Display of women’s Attractions

How a Muslim woman should conduct herself

A woman’s serving male Guests

Sexual perversion a major sin

A Ruling concerning masturbation

2. Marriage

No monasticism in Islam

Seeing the woman to whom one proposes marriage

Prohibited proposals

Women to whom marriage is prohibited

=>Marriage prohibited by Reason of fosterage

=>In-low Relationships

=>Sisters as co-wives

=>Married women

=>Mushrik women

Marriage to the women of the people of the book

The prohibition of a Muslim woman’s marrying a non-Muslim man

Fornicatresses

Temporary marriage (mutual)

Marrying more than one woman

Justice Among wives (in a good) condition

Why marriage to more than one woman is permitted in Islam

3. The Relationship Between Husband and Wife

The sexual Relationship

Prohibited intercourse

Guarding the secrets Between Husband and Wife

4. Contraception

Valid Reasons for contraception

Abortion

5. Divorce

Mutual Tolerance between Husband and Wife

Rebelliousness and strife

When Divorce Become Permissible

Divorce in the pre-Islamic period

Divorce in Judaism

Divorce in Christianity

=>Differences among Christian Denominations

=>Regarding Divorce

=>Consequences of the Christian stand on Divorce

=>The Christian stand on Divorce: A Temporary injunction, not a permanent law

The Islamic limits for the Regulation of Divorce

The prohibition of Divorcing During menstruation

Taking an oath of Divorce

Where the Divorce resides during the waiting period

Repeated Divorce

Reconciling honorably or separating with kindness

The Divorced women’s Freedom to Remarry

The woman’s Right to Demand Divorce

The prohibition of ill-Treatment

The prohibition of oath of Desertion

6. Parents and children

The protection of the lineage

The protection of denying paternity

The protection of legal Adoption

A practical Example of the Abolition of legal Adoption

Adoption a child to Real and to Education

Artificial insemination

Attributing the child to a man other than the Childs father

”Do not kill your children”

Equal Treatment of children

Observing the limits of Allah Regarding Inheritance

Disobedience to parent: A major sin

Insulting parent: A Major sin

Non-Muslim parent

Allah subhanahu wata’ala created man as his vice-gerent on earth in order that he might population and rule it. Obviously this purpose cannot be realized ulees the human species perpetuates itself, living, cultivating, manufacturing, building, and worshipping its creator. Accordingly, the creator has placed certain appetites and impulses in man so that he is impelled toward the various activities which guarantee the survival of the species.

Among the appetites which an individual must satisfy for his personal survival is that of food and drink. The sexual appetite, however, is for the purpose of the survival of the species. Sex is a strong driving force in the human being which demands satisfaction and fulfillment. Human being have responded to the demands of the sexual appetite in three different ways

1. One way is to satisfy ones sexual need freely with whomever is available and whenever one please, without any restraints of religion, morality, or custom. This is the position of the advocates of free sex, for they do not believe in any religion. This philosophy reduces the human being to the status of an animal, and, if practiced universally, would result in the destruction of the family structure and of all society as we know it.

2. The second approach is to suppress, and try to annihilate, the sexual drive; this approach is advocated by ascetic religions and other worldly philosophies, approaches which lead toward monasticism and an escape from the world. Such advocacy of suppression of a natural appetite, or rather annihilation of its functioning, is contrary of Allah’s plan and purpose, and is in conflict with the course of the natural order which requires the use of this appetite for the continuity of life

3. The third approach is to regulate the satisfaction of this urge, allowing it to operate within certain limits, neither suppressing nor giving it free rein. This is the stand of the revealed religions, which have instituted marriage and have prohibited fornication and adultery. In particular, Islam duly recognizes the role of the sexual drive, facilitates its satisfaction through lawful marriage, and just as it strictly prohibited sex outside of marriage and even what is conductive to it, it also prohibits celibacy and the shunning of women.

This is the just and intermediate position. If marriage were not permitted, the sexual instinct would not play its role in the continuation of the human species; while if fornication and adultery were not prohibited, the foundation of the family would be eroded. Unquestionably, it is only in the shade of a stable family that mercy, love, affection, and the capacity to sacrifice for others develop in a human being, emotions without which a cohesive society cannot come into being. Thus, if there had been no family system, there would have been no society through which mankind would be able to progress toward perfection

THE PROHIBITION OF APPROACHING ZINA

It is not surprising that all the revealed religions have prohibited fornication and adultery (zina) and have fought against these crimes against society. Islam, the last of the divinely revealed religions, is very strict in prohibiting zina, for it leads to confusion of lineage, child abuse, the breaking-up of families, bitterness in relationships, the spread of venereal diseases, and a general laxity in morals; moreover, it opens the door to a flood of lusts and self-gratifications. Assuredly, the command of Allah Ta’ala.

And do not come near zina; indeed it is an abomination and an evil way (17:32), is just and true

As we know, when Islam prohibits something, it closes all the avenues of approach to it. This is achieved by prohibiting every step and every means leading to the haram. Accordingly whatever excites passions, opens ways for illicit sexual relations between a man and a woman, and promotes indecency and obscenity, is haram.

KHULWAH

Islam prohibits khulwah between a man and a woman who are outside the degree of a mahrem

Khulwah or privacy denotes a man and woman’s being alone together in a place in which there is no fear of intrusion by anyone else, so that an opportunity exists for sexual intimacy such as touching, kissing, embracing or ever for intercourse

Mahrem denotes a relationship either by marriage or by close blood ties of such degree that marriage is permanently prohibited. With reference to a woman, a mahrem is either her husband or any male relative with whom marriage is permanently forbidden such as her father, grandfather, son, brother, uncle or nephew. For the purposes of this discussion, all other relationships will be referred to as “non-mahrem” (Trans)

The reason for this is not a lack of trust in one or both of them; it is rather to protect them from wrong thoughts and sexual feelings which naturally arise within a man and a woman when they are alone together without the fear of intrusion by a third person. The prophet (peace be on him) said: “Whoever believe in Allah and the last Day must never be in privacy with woman without there being a mahrem (of hers)with her, for otherwise Satan will be the third person (with them)”

(Reported by Ahmad on the Authority of Amir ibn Rabiah)

Allah Ta’ala tells the companions of the prophet (peace be on him)….And when you ask them (the prophets wives) for anything, ask them from behind a curtain: that is purer for your hearts and for their hearts

(Tafsir of Al-Qurtabi, Vol 14 P228)

In an explanation of this verse, imam al-Qurtabi says, this means such thoughts as occur to men regarding women and to women regarding men. This will remove any possibility of suspicion and accusation and will protect (their) honor. This command implies that no one should trust himself to be in privacy with a non-mahrem woman; the avoidance of such situation is better for one’s purity of heart, strength of soul and perfection of chastity.

The prophet (peace be on him) particularly warned women concerning khulwah with male-in-laws such as the husband’s brother or cousin, since people are quite negligent in this regard, sometime with disastrous consequences. It is obvious that a relative has easier access than a stranger to a woman’s quarters, something concerning which no one would question him. The same is true of the wife’s non-mahrem relatives, and it is prohibited for any of them to be in khulwah with her, the prophet (peace be on him) said

Beware of entering where women are; A man from the Ansar asked; O messenger of Allah, what about the in-law? He replied, the in-law is death. (Reported by Al-Bukhari and Muslim)

AL-NAWAWI explain: The in-law here means a relative of the husband other than his father and sons (who are mahrem to his wife), such as his brother, nephew and cousin e.t.c, with whom marriage would be permissible for her, if she were to be divorced or widowed,” Al-mazari is of the opinion that it includes the husband father as well.

The prophet (peace be on him) meant that are inherent dangers and even destruction in such privacy of in-law; religion is destroyed if they commit sin; the wife is ruined if her husband divorces her out of jealousy; and social relationships are torn apart if relatives become suspicious of each other.

The danger lies not merely in the possibility of sexual temptation. It is even greater in relation to the possibility of gossip about what is private and personal between the husband and wife by those who cannot keep secrets to themselves and relish talking about others; such talk has ruined many a marriage and destroyed many a home. In explaining the meaning of “The in-low is death”, ibn al-Atheer says, “It is an Arabic figure of speech like”, The lion is death’ or the king is fire,’ which means that meeting a lion is similar to facing death and a confrontation with a king is like being in the fire. Thus privacy between an in-law and a woman is far more dangerous than in the case of a stranger because he might perstrade her to do things against her husband wishes, such as asking him for things he cannot afford, nagging him, and the like”

Looking with Desire at the opposite sex

What Islam prohibits in the sphere of sex includes looking at a member of the opposite sex with desire; for the eyes in the key to the feelings, and the look is a messenger of desire, carrying the message of fornication adultery. A poet of ancient time has said

“All affairs being with the sight: The raging fire a spark can ignite”,

While a contemporary poet declares,

“A look, then a smile, then a nod of the head, then a talk, then a promise, then the warmth of a bed,”

This is why Allah subhanahu wata’ala has commanded the believing men and the believing women alike to lower their gaze, together with his command to guard their sexual parts:

Tell the believing men that they should lower their gazes and guard their sexual organs that are purer for then. Indeed, Allah is well-acquainted with that they do. And tell the believing women that they should lower their gazes and guard their sexual organs, and not display their adornment, except that which is apparent of it, and that they should draw their head-coverings over their bosoms, and not display their husbands or their fathers or their husbands fathers, or their sons or their husband’s –son, or their brothers or their brothers sons, or their sister’s sons, or their women, or those whom their right hands possess, or male servants who lack sexual desire, or children who are not aware of women’s nakedness; and that they should not strike their feet in order to make known what they hide of their adornment (24:30-31)

Several divine injunctions are contained in these two verses. Two of them pertain to both men and women, namely, the lowering of the gaze and the guarding of the sexual organs, while the rest are addressed exclusively to women.

A difference is to be noted here between the expressions,” Lower their gazes” and “guard their sexual organs,” signifying what while the sexual organs must be totally guarded without any leeway, the lowering of the gazes is only partial, because necessity and the general interest of the people require that some looking at members of the opposite sex be allowed.

“Lowering the gazes” does not mean that in the presence of the opposite sex the eyes should be shut that the head should be bowed toward the ground since this would be impossible in another place the Qur’an says. “Lower they voice (31:19)”. Which does not mean sealing the lips, Here ”Lowering of the gazes“ means to avert one’s gaze from the faces of the passers-by and not to caress the attractive features of the members of the opposite sex with one’s eye, The prophet (peace be on him) told ‘Ali ibn Abu-Talib.

Ali, do not let a second look follow the first, the first look is allowed to you but not the second,”

Reported by Ahmad, Abu Daoud and Al-Tirmidhi

The prophet (peace be on him) considered hungry and lustful looks at the person sex as “zina of the eye” according to his saying

The eyes also commit zina, and their zina is the lustful look:” Reported by Al-Bukhari and others.

He termed the lustful look zina because it gives sexual pleasures and gratification in an unlawful way. This is also what Jesus (peace be on him) is reported to have said in the Gospel of Mathew.

You have heard that it was said; you shall not commit adultery; But I say to you that everyone who so much as looks at woman with evil desire for her has already commit adultery with her in his heart (matt 5:27-28)

Indeed, such hungry and lustful looks are not merely a danger to chastity but they also result in agitation of the mind and disturbed thoughts. The poet says.

If you let your looks go a wandering, many charming sights will make your heart pine. The one you see cannot belong to you altogether, nor will your heart remain content with the little you saw.

The prohibition of looking at the Awrah of others.

Looking at the awrah of another person must be avoided. The prophet (peace be on him) forbade the any person should look at the awrah of another whether of the same or the opposite sex, and whether with or without desire, saying,

A man should not look at the awrah of another person, or women of a woman, nor should a man go under one cloth with another man, nor a woman with another woman.

Reported by Muslim, Abu-Dauod and Al-Tirmidhi

The awrah of a man referred to in this hadith is from his navel to his knee, although some scholars, such as ibn Hazm and some malik jurists, do not include the knee with respect to a man who is not her mahrem, a woman’s awrah is her entire body excepting only her face and hands, while with respect to a mahrem such as her father or brother it is different. This we will discuss later.

What it is haram to look at is also of course haram to touch with the hands or with any other parts of your body?

What we have said concerning the prohibition of looking at or touching the parts of the body which must be covered becomes void in case of need or necessity such as first and or medical treatment. At the same time, what we have said about the permissibility of looking becomes void in case of lust, as the ways leading to sin must be blocked.

WHAT MAY BE SEEN OF THE MAN OR WOMAN?

It is clear from the above discussion that a woman may look at a man’s body, apart from his ‘awrah’ which is from the navel to the knee; provided that her looking is free of lust and that no temptation is feared. The prophet (peace be on him) let Aishat watch the Abyssinians while they were engaging in spear play in the court-yard of the prophet’s mosque; she watched their performances until she had enough and retired. Reported by Al-bukhari and Muslim

Similarly, a man is permitted to look at a woman’s face and hands, since they are not part of her ‘awrah, provided that the looking is without lust and that no temptation is feared. Aishat narrated that her sister Asma once come to the prophet (peace be on him) clad in transparent clothes which revealed her body, the prophet (peace be on him) averted his gaze and told her.

Asma, when a woman begins to menstruate, nothing should be seen of her except this and this, and be pointed to his face and hands. Reported by Abu-Daoud.

This hadith is classified as weak, but there are other sound ahadith which support the thesis that only the face and the hands may be seen if they can be viewed without temptation.

In summary, the innocent look at what is other then the ‘awrah’ of a man or a woman is permissible as long as it does not become an intent look or is repeated with perhaps a taint of pleasure and lust. It is the reasonableness of the Islamic shariah that a glance which accidentally falls on something which it is not permissible to see is forgiven. Jarri ibn Abdullah narrated, I asked the messenger of Allah (peace be on him) about the unexpected glance. He replied avert your eyes: meaning does not look back deliberately.

The Display of woman’s Adornment: What is permissible and what is not.

Thus far we have discussed the subject of the lowering of the gaze who is commanded for both men and women in the two verses city: These verses also contain other divine instructions. Says Allah subhanahu wata’ala:

That they should… not display their adornment, except that which is apparent of it (24:31)

The adornment of women includes both natural features such as the face, hair, and other attractive parts of the body, and artificial enhancement of beauty, such as the dress, ornaments, make-up and the like. In this noble ayah Allah Ta’ala commands women not to show their adornment “except that which is apparent of it”

There is some different of opinion among scholars concerning the extent of this exception. Does it mean what exposés some part? Or does it mean what is customarily, or instructively, or by its very nature exposed?

The majority of the early Muslim jurists accept the latter meaning, ibn Abbas interprets ”except what is apparent of it” to mean kohl and a ring, and Anas has said something similar; the permissibility of showing the face and hands is implicit in the permissibility of showing kohl and a ring. Said ibn jubayr, ‘Ata and Al-Awzai have stated explicitly that the showing of the face and hands is permissible. Aishat Qatadah and others have added bracelets to what may be arm may also be shown. Various scholars have allowed the exposure of the lower part of the arm up to a length varying between about four inches to one-half the arm.

On the other hand, others such as Abdul ibn mas’ud, have restricted the application of “what is apparent” to what necessarily appears, such as the outer garment (abaya, jilbab, chaddor, burga and the like). My own preference lies with that group of the companions and their immediate followers who include the face, the hands, and ordinary adornments. Such as kohl and a ring in the application of the Qur’anic phrase, “except that which is apparent of it”

This permissibility, however, excludes such cosmetics which women today use for their cheeks, lip and nails. We consider there cosmetics to be excessive, and they must not be used except within a woman’s own home when non-mahrem men are present. The aim of women in using these cosmetics when going out of the house is obviously attract the attention of men, which is haram. At the same time, however, the interpretation of “what is apparent” as being the outer garment or covering is not acceptable, for this not something which can possibly be concealed so that an exemption must be made ; similarly, what the wind blows cannot be controlled, whether an exemption is made or not. What strikes the mind is that the purpose of the exemption was to provide some concession for the believing woman by permitting her to show something which it is possible to conceal. Reason would indicate that it is the face and hands which are exempted from covering.

Assuredly a woman is permitted to show her face and hands because covering them would be a hardship on her, especially if she must go out on some lawful business, for example, a widow may have to work to support her children, or a woman who is not well-off may have to help her husband in his work; had covering the face and hands been made obligatory, it would have occasioned such woman hardship and distress.

Al-Qurtabi says:

It seems probable that, since the face and hand are customarily uncovered, and it is, moreover, required that they be uncovered during acts of worship such as salat and hajj; the exemption (referred to in the verses of surah at-Nur) pertains to them. This conclusion is supported by what Abu-Daoud has transmitted on the authority of Aishat. She said that Asma, the daughter of Abu Bakr, once came to the prophet (peace be on him) wearing transparent clothes. The prophet (peace be on him) turned his face away from her and told her, Asma, when a woman begins to menstruate, nothing should be seen of her except thus and this, and he pointed to his face and hands.

In addition to this, we may infer from Allah’s words, “Tell the believing men that they should lower their gazes”, that the faces of the women of the prophet’s time were not veiled. Had the entire body including the face been covered, it would have made no sense to command them to lower their gaze, since there would have been nothing to be seen.

In spite of all this, however, because of the widespread immorality and laxity in obeying the Islamic injunctions in our time, the best thing for the Muslim woman is to conceal all her adornments, including her face if she can-obviously, more cautions in this regard is necessary for a woman who is beautiful. Allah Ta’alah also says,

That they should draw their head-covering over their bosoms….. (24:31)

It is obligatory for the Muslim woman to cover her hand, breasts, and neck completely so that nothing of them can be seen by on lookers. In addition, Allah Ta’alah says,

And not display their adornment except to their husbands or their fathers…. (24:31)

This injunction prohibits women to show their concealed adornments, such as the ears, hair, neck breasts, or ankles, to men who are outside the mahrem relationship, before whom they are permitted to expose only the face and hands (of that which is apparent”)

Twelve categories of persons are exempted from this prohibition

1. Their husband: The husband and wife can see whatever they please of each other. A hadith status “ Guard your nakedness (awrah) except in front of your wife”

2. “Their fathers,” including the grandfathers from both mothers and fathers sides as well.

3. “Their husbands father’s, “ for these are regarded as fathers to daughters

4. “Their sons,” as likewise the grandson from both sons and daughters

5. “Their husband’s son (stepson).” A necessity for normal interaction, since the woman is regarded as their mother

6. “Their brother,” including half-and step-brothers.

7. “Their brother’s son’s since marriage is permanently prohibited between a man and his maternal aunt.

8. “Their sister’s son ,” since marriage is permanently prohibited between a man and his maternal aunt

9. “Their women,” meaning female relative and sisters-in-faith, that is, other Muslim women. As for non-Muslim women, they are not allowed to see the Muslim woman’s adornments other than what is allowed for non-mahrem men, and the correctness of this opinion is verified.

10. “Those whom their right hands possess,” refers to bond-servants, because is Islam they are considered as members of the family. Some scholar restrict this permission to female bond-servants only

11. “Male servants who lack sexual desire,” refers to hired hands or household servants who because of some physical or mental condition, are devoid of sexual desire. This is applicable only under the following two conditions: that they are the servants of those into whose houses they are given entry and that they lack sexual desire.

12. “Children who are not aware of women’s nakedness” these are small children whose consciousness of sex is not yet developed. But if evidence of the sexual urge is noted among them, a woman should treat them like non-mahrem men even though they may not have reached puberty.

This verse does not mention and paternal uncles because they customarily occupy the same status as the father. A hadith status

The man’s uncle is like his father

Women’s Awrah.

Whatever of the woman’s body is not allowed to be shown constitutes her awrah. It must be covered, for exposing it is haram.

Consequently, with respect to non-mahrem men and non-Muslim women, a woman’s awrah is her entire body with the exception of her face and hands, according to the interpretation we have preferred. We agree with al-Razis argument that Islam has permitted her to expose those parts of the body, the face and hands, which need to be exposed in order to carry out daily business and for giving and taking; it has commanded her to cover what it is not necessary to expose, and has forgiven her accidental inadvertent exposures of which exposures as are required by necessity. All this is accordance with the flexibility of Islam. Says al-Razi,” since the showing of the face and hands is necessary; the jurists had no choice but to agree that they are not awrah, and since the showing of the feet is not necessary, they have differed concerning whether or not they are awrah.”

With respect to the above mentioned twelve categories of mahrem relatives, a woman is permitted to expose her hair, ears, neck upper part of the chest, arms and legs. Other parts of her body, such as the back, abdomen, things and two private parts, are not to be exposed before anyone, man or woman, excepting her husband

The above interpretation of the ayah is close to its intent than that of some other scholars who say that, with respect to her muharramah and other Muslim women, the woman’s awrah is the area between her navel and knee. Rather, the intent of the ayah seems to support the opinion of some scholars who say that with respect to her muharramah the woman’s awrah is that part which is not exposed while she is doing her house work; that is, whatever is exposed during the course of her daily chores may be seen by men who are her muharramah.

That is why Allah (S W A) commands the believing women to cover themselves with a loose over-garment whenever they go out, for in this way they may be distinguished from non-believing and loose women. Allah Ta’alah commanded his prophet (peace be on him) to convey to the whole ummah of Islam this divine massage.

O prophet! Tell thy wives and daughters and the believing women that they should put on their outer garments (Jalabeebihina), that is most convenient in orders that they may be recognized (as Muslims) and not be molested…(33:59)

During the period of jahiliyyah some women used to go out with the attractive parts of their bodies, such as the neck, upper part of the breast and hair, exposed, and the loafers and lechers would follow them about.

Accordingly, this noble ayah came down, commanding the believing woman to cover their self with their garment so that no provocative part of their body would be visible; because her appearance would make it clear to everyone that she is a chaste, believing woman, no lecher or hypocrite would dare to molest her.

It is clear from this verse that the reason for this injunction is not the fear of women’s misbehavior or mistrust of them, as some people claim, but the danger to them from lecherous and evil men; for the woman who decks herself out, walks seductively, or talks invitingly always attracks men who lust after her. This verifies the Qur’anic verse

Then do not be too pleasant of speech, lest one in whose heart is a disease should feel desire (for you)….. (33:32)

Accordingly, Islam insists that the Muslim women cover, and so protect herself; no concession is made in this except to reduce it somewhat for old women. Says Allah Ta’alah.

And the elderly among women who are past (the prospect) of marriage-there is no blame on them if they lay aside their (outer) garments without displaying their adornment; but is better for them to be modest. And Allah is Hearing, knowing. (24:60)

By “the elderly among women” is meant such post-menopausal women as have no desire for marriage or sex, and to whom men are not attracted. Allah has made this concession for them so that they can put aside their covering garments, such as the chador, abaya, jilbab, and the like. However, the Qur’an makes the condition that this should not be for the purpose of displaying their dignity and far removed from away any suspicion. “But it is better for them to be modest” (24:60).

CONCERNING WOMEN GOING TO PUBLIC BATHS.

In consideration of Islam’s concern for women’s awrah and its proper covering, the prophet (peace be on him) warned the Muslim woman against entering public baths and disrobing in front of other women, who might subsequently make her physical characteristics a topic of their gossip and vulgar comments.

Similarly, the prophet (peace be on him) warned the Muslim man against entering public baths without a waist wrapper Jabir narrated that the messenger of Allah (peace be on him) said

Whoever believes in Allah and the Last Day must not enter the public without a lower garment (to cover his private parts), and who ever believes in Allah and the last Day must not let his wife go to the public bath

Reported by al-Nisai and by al Tirmidhi,

And Aishat said

At first the messenger of Allah (peace be on him) prohibited people from going to public baths, but later allowed men to enter them wearing a lower garment.

The wording is from the report of Abu-Daoud , also reported by al-Tirmidhi and ibn majah.

Exception to this prohibition is made for the woman who suffers from some illness for which warm baths are beneficial and for women following childbirth. Abdullahi ibn Amr narrated that the prophet (peace be on him) said concerning public baths that

Men must not enter them without a lower garment. Prevent women from entering them except when sick or after childbirth

Reported by ibn majah and Abu Daud.

There is some weakness in the transmission of this hadith, but it is supported by the rules of the shariah which makes concession in worship and other obligations for a sick person, and by the well known principle that what is prohibited as a precaution becomes permissible in the case of need or benefit. It is also supported by a hadith reported by al-Hakim on the authority of Abdullah ibn Abbas, who narrated that the prophet (peace be on him) said.

‘Beware of a building called the public Bath; some people said; O messenger of Allah, it certainly removes dirt and benefits the sick. He then said, ‘Then who ever enters should cover his nakedness.

Reported by al-Hakim, who classifies it as “sound”

If a woman enters a public bath without a valid reason or need, she has committed a haram act and deserves the censure of the prophet (peace be on him). Abu malih al-Hadhali reported that some women from Homs or Damascus came to visit Aisha and she said, “Are you from a place where woman go to the public baths?” I heard the messenger of Allah (peace be on him) saying

“A woman who removes her cloths (i.e. goes naked outside her husbands house tears doen the veil (hijab) between herself and her lord”

Reported with this wording by al-Tirmidhi,also reported by Abu-Daoud, ibn majh and al-Hakim, who classified it as “sound” al-targheeb.

And umm salmah narrated that the prophet (peace be on him) said,

If any woman takes off her clothes outside her own house. Allah will tear his covering from her.

When Islam takes such a strict view of women’s entering public baths which are, after all; buildings with four walls in which only women are allowed, imagine its judgement concerning the nearly-nude women lying about on beaches and the swimming pools, exposing their nakedness to the hungry and lustful eyes of every passer-by without any sense shame. Assuredly they have torn down every veil between themselves and their most merciful lord. And their men are partners in their sin, since they are responsible protectors of their women. If only they knew!!!

THE PROHIBITION OF THE DISPLAY OF WOMEN’S ATTRACTIONS

The morals and manners of the Muslim woman are quite different from those of non-Muslim women and the women of the time of jahiliyyah. The Muslim woman is chaste, dignified, self-respecting, and modest, while the woman who is ignorant of the divine guidance may be vain. Showy and anxious to display her attractions. Such display includes exposing the attractive parts of the body, walking or talking in a seductive manner, displaying her ornaments, wearing revealing and sexy clothes, and the like.

The variety of ways in which women display their attractions is no secret to people, ancient or modern. In commenting on the verse concerning the women of the prophets household

“And be in your house, and do not make a display of yourselves in the manner of display of jahiliyyah (33:33) Mujahid remarks,” women used to walk about among men. Qatadah says, “They used to walk in a seductive and sensuous manner; while maqatil says,” The displaying of attractions means putting a cloth on the head without tying it, and toying with the necklace, earrings, and other ornaments in a provocative fashion”.

The ways in which women displayed themselves during the period of pre-Islamic jahiliyyah included mingling freely with men, walking seductively, and wearing a head-covering in a manner which exposed the ornaments and beauties of the head and neck. But during the present period of ignorance of the divine guidance the display of feminine attractions has gone to such vulgar extremes that the women of the pre-Islamic era appear in contrast to be models of chastity and dignity!

HOW A MUSLIM WOMAN SHOULD CONDUCT HERSELF

The correct Islamic behavior required of Muslim women which keeps them from wantonly displaying their attractions is characterized by the following:

A. Lowering the gaze: indeed, the most precious ornament of a woman is modesty, and the best expression of modesty is in the lowering of the gaze, as Allah (S A W) says, “And tell the believing women that they should lower their gazes….(24:31)”

B. Not intermingling with men: in such a way that their bodies come in contact or that men touch women, as happens so often today in movie theaters, university classrooms, auditoriums, buses, street cars, and the like. Ma’qal ibn yasar narrated that the messenger of Allah (peace be on him) said, It is better for one of you to be pricked in the head with an iron pick than to touch a woman whom it is unlawful to touch. Al-mondhari says, it (this hadith) is reported by al-Tabarani and al-Bayhaqi, and al-Tabarani’s transmitters are authentic and sound.

C. Her clothing must conform to the standards laid down by the Islamic shariah, which are as follows: 1. her dress must cover her entire body with the exception of “that which is apparent,” which, according to the most preferable interpretation, refers to the face and hands. 2. It must not be transparent, revealing what is underneath it, the prophet (peace be on him) has informed us that, among the dwellers of hell are such women as are cloth yet naked, seduced and being seduced, these shall not enter the garden nor shall (even) its fragrance reach them.

Here the meaning of “clothed yet naked” is that their light, thin transparent garments do not conceal what is under-neath. Once some women of bani Tamim, who were clad in transparent clothes, came to see Aishah and she remarked, “if you are believing women; on another occasion, when a bride wearing a sheer and transparent head-covering was brought into her presence, she commented”, A women who dresses like this does not believe in surah al-Nur2

(Surah 24, which together with surah 33(al-Ahzah) contains many injunctions concerning purity and propriety, men-woman relations and dress.(trans))

3. Her dress must not be too tight so define the parts of her body, especially its curves, even though it may not be transparent. This describes many of the styles of clothing current in the sensuous, materialistic civilization of the western world, whose fashion designers complete with one another in devising clothing for women which tantalizingly emphasizes the bust line, waist, and hips, e.t.c . In order to elicit the lustful admiration of men .Women who wear such clothes likewise fall under the definition of “clothed yet naked,” since such a dress is often more provocative than one which is transparent .

4. She must not wear clothes which are specifically for men such as trousers in our time. The prophet (peace be on him) resemble women, and prohibited women from wearing men’s clothing and vice-versa

5. In her choice of clothing she should not imitate non-Muslims, whether they are Jews, Christian or pagans, for Islam disapproves of conformity to non-Islamic modes and desires its followers to develop their own distinctive characteristics in appearance, as well as in beliefs and attitudes. This is why Muslims have been asked to be different from non-Muslims in many aspects, and why the prophet (peace be on him) has said, “Whoever imitates a people is one of them”.

D. The Muslim woman walks and talks in a dignified and business-like manner, avoiding flirtatiousness in her facial expression and movements. Flirting and seductive behavior are characteristics of wrong-minded women not of Muslims. Allah Ta’ala says--- Then do not be too pleasant of speech, lest on in whose heart there is a disease should feel desire (for you----- (33:32)

E. She does not draw men’s attention to her concealed adornment by the use of perfume or by jingling or toying with her ornaments or other such things, Allah says: They should not strike their feet in order to make known what they hide of their adornment----(24:31)

The women of the time of jahiliyyah used to stamp their feet when they passed by men so that the jingling of their ankle-bracelets might be heard. The Qur’an forbade this, both because it demonstrates the evil intention of the woman in attempting to draw the attention of men to herself. Similar is the Islamic here again the intention is to attract men by exciting their desire. A hadith states,

The woman who perfumes her selves and passes through a gathering is an adulterous.

This is reported by Abu-Daoud and Al-Tirmidhi, who classifies it as sound and good. “It has also been reported by Al-Nasai, ibn Khazimah, and ibn Hibban in the following words” Any woman who perfumes herself and passes by a group of people so that her scent reaches them is an adulterous. “Al-Hakim also reported this and said,” it has sound transmitters.

From all this we know that Islam does not require, as some people claim, that a woman should remain confined to her house until death takes her out to her grave. On the contrary, she may go out for salat, for her studies, and for her other lawful needs, both religious and secular, as was customary among the women of the families of the companions and the women of later generations. Moreover, this early period of Islam is considered by all Muslims to be the best and most exemplary period in the history of Islam. Among the women of this time were those who took part in battles in the company of the prophet himself (peace be on him), and after that under the caliphs and their commanders. The messenger of Allah (peace be on him) told his wife saudah.

“Allah has permitted you to go out for your needs”

Reported by Al-Bukhari in his book marriage in the chapter entitled

‘’women may go out for their need on the authority of Aishah”.

He also said,

“If someone’s wife asks his permission to go to the masjid, he should not deny it to her”

Reported by Al-Bukhari, on the authority of Umar

On another occasion he said.

“Do not prevent the bond-maids of Allah from (going to) Allah’s house (Masjid)”

Reported by Muslim.

Some very strict scholars are of the opinion that a woman is not allowed to see any part of a man who is not her mahram. They base their ruling on a hadith reported by Al-tirmidhi on the authority of Nabhan, the slave of Ummu-salmah, that the prophet (peace be on him) told Ummu-salmah and maymunah, his wives, to veil themselves when ibn ummu-maktum entered, ”But he is blind”; they said the prophet (peace be on him )replaied.

“But are you blind too? Do you not see him?”

However, researchers say that the manner in which this hadith has been transmitted renders it unsound. While the narrator here is Ummu-salmah, the transmitter is her slave Nabhan, who had no concern with the incident or any need to report it. Even if the hadith is sound, it simply shows that the prophet (peace be on him) was very strict in respect to his wives because their exceptional status required greater modesty on their part; Abu Daoud and other great scholars have commented on this exceptional position of the wives of the prophet (peace be on him). In any case, the significance of the following well-established and sound hadith remains uncontested: The prophet (peace be on him) instructed Fatimah bintu Qais to spend the required period of confinement (iddah) following the death of her husband at the house of ummu-shark. But he later changed his mind, saying.

My companions gather in her house. Go and stay with ibn ummu- Maktum, since he is a bline man. If you uncover yourself he will not see you.

Tafsir of Al-Qurtubi. Vol 11, p228

A WOMAN’S SERVING MATE GUESTS

A woman may serve her husband’s guests in his presence as long as she adheres to the Islamic standards in her dress, movements, and speech. They will naturally see her and she will see them, and there is no harm in this as long as there is no danger of involvement on either side

Al-Bukhari, Muslim, and other have reported sahl ibn sa’d Al-Ansari is saying.

Abu Usayd Al-sa’adi invited the prophet (peace be on him) and his companions to his wedding. The food was prepared and served by none other than his wife, Ummu-Usayd, she had so asked dates in malk in a stone pot overnight, when the prophet (peace be on him) had finished his meal, she mashed the dates and brought the drink to him

Shaikh Al-Islam ibn Hajar commented that; from this hadith we conclude that a woman is permitted to serve her husband and his male visitors, just as the husband is permitted to serve his wife. It is evident that her serving the visitors is allowed only if there is no fear of temptation and if she is properly dressed; if the wife is not properly dressed (as is the case with a majority of women in our time) her appearing in front of men is haram

SEXUAL PERVERSION: A MAJOR SIN

We must be aware that in regulating the sexual drive Islam has prohibited not only illicit sexual relation and all ways which lead to them, but also the sexual deviation known as homosexuality. This perverted get is a reversal of the natural order, a corruption of man’s sexuality, and a crime against the rights of females. (The same applies equally in the case of female homosexuality)

The spread of this depraved practice in a society disrupts its natural life pattern and makes those who practice it slaves to their lusts, depriving them of decent taste, decent morals, and a decent manner of living. The story of the prophet lust (lot) as narrated in the Qur’an should be sufficient for us. Lust’s people were addicted to this shameless depravity, abandoning natural, pure, lawful relations with woman in the pursuit of this unnatural, foul and illicit practice. That is why their prophet (lut) (peace be on him) told them.

What! Of all creatures, do you approach males and leave the spouses whom your lord has created for you? Indeed, you are people transgressing (all limits)! *26:165-166*

The strangest expression of these peoples’ perversity of nature lack of guidance, depravity of morals, and aberration of taste was their attitude toward the guests of the prophet lut (peace be on him) who were angels of punishment in human from sent by Allah to try these people and to expose their perversity. The Qur’an narrates the story thus,

And when our messengers came to lut, he was grieved on their account and did not know how to protect them. He said, “This is a day of distress”. And his people, who had long since been practicing abominations, came rushing toward him. He said “O my people, here are my daughters , they are purer for you, so fear Allah and do not disgrace me in front of my guests is there not a single upright man among you ? ” They said “Thou knowest well that we have no right to your daughters, and certainly thou knowest what we went,” He said; If only I had strength to resist you or had some powerful support! Said (the angles) “O lut, truly, we are messengers of your lord: they shall not reach thee” (11:77-81)

The jurists of Islam have held differing opinions concerning the punishment for this abominable practice. Should it be the same as the punishment for fornication or should both the active and passive participants be put to death? While such punishment may see cruel, they have been suggested to maintain the purity of the Islamic society and to keep it clean of perverted elements.

A RULING CONCERNING MASTURBATION

The pressing need to relieve himself of sexual tension may drive a young man to masturbation.

The majority of scholars consider it haram. Imam malik bases his judgment on the verse,

Those who guard their sexual organs except with their spouses or those whom their right hands possess, for (with regard to them) they are without blame. But those who crave something beyond that are transgressors, (23:5-7)

On the other hand, it is reported that Imam Ahmad ibn Hanbal regarded semeh as an excretion of the body like other excreta and permitted its expulsion as bloodletting is permitted. Ibn Hazm holds the same view, However, the Hanbali jurists permit masturbation only under two conditions: first, the fear of committing fornication or adultery, and second, not having the means to marry.

We are inclined to accept the opinion of imam Ahmad in a situation in which there is sexual excitation and danger of committing the haram, for example, a young man has gone abroad to study or work, there by encountering many temptations which he fears he will be unable to does not do it excessively or make it into a habit

Yet better than this is the prophet advice to the Muslim youth who is unable to marry, namely, that he seeks help through frequent fasting, for fasting nurtures will-power, teaches control of desires, and strengthens the fear of Allah. The prophet (Peace be on him) said

Young men, those of you who can support a wife should marry, for it keeps you from looking at women, (lit lowers your gaze) and preserves of your chastity: but those who cannot should fast, for it is a means of cooling sexual passion.

Reported by Al-Bukhari

2* MARRIAGE*

The stand of Islam is, on the one hand, against sexual license: consequently, it prohibits fornication and adultery, and blocks all ways leading to them on the other hand, Islam is also against suppressing the sexual urge; accordingly, it calls people toward marriage, prohibiting renunciation and castration

(Renunciation means remaining celibate and renouncing worldly activity for the sake of devoting oneself to the worship of God. Castration denotes suppressing sexual desire by removing the testicles)

As long as he possesses the means to marry, the Muslim is not permitted to refrain from marriage on the grounds that he has dedicated himself to the service or the worship of Allah and to a life of monasticism and renunciation of the world.

The prophet (Peace be on him) noted a tendency toward monasticism among some of his companions. Declaring this to be a deviation from the straight path of Islam and a rejection of his Sunnah (recommended practice), he there by rid Islam’s conceptual frame work of such a Christian nation. Abu Qulabah narrated, “Some of the companions of the prophet (Peace be on him) decided to relinquish the world, forsake their wives, and becomes like monks.” The prophet (Peace be on him) told them with asperity,

People before you perished because of their asceticism; they made excessive demands on themselves until Allah brought hardships on them: you can still see a few of them remaining in monasteries and temples. The worship Allah and do not asocial anything with him performs the Hajj and the Umrah, be righteous, and all affairs will be set right for you.

Reported by Abdur Razzaq ibn Jarir and ibn Al-mundhir

Abu Qulabah said the following verse was revealed concerning them.

O you who believe: Do not make haram the good of things which Allah has made halal for you, and do not transgress, indeed, Allah does not like transgressors (5:90(87))

Mujahid narrated,”Some people, including” Uthman ibn Maz’un and Abdullahi ibn Umar, intended to renaince their wives, castrate themselves, and wear coarse clothing. The above verse and the verse following it were revealed.

Reported by ibn Jarir in his Tafsir

It is reported by Al-Bukhari and others that three people came to the prophet wives and asked how the prophet (Peace be on him) conducted his worship. When they were told about it, they seemed to consider it but little, saying “What a difference there is between us and the messenger of Allah (Peace be on him),” whose past and future sins have been forgiven him by Allah. One of them said. “As for me I will always pray during the night,” The other said, I will have nothing to do with woman and will never marry. “When the prophet (Peace be on him) heard about this,” he explained to them their error and deviation from the straight path, saying

I am the one who fears Allah the most among you, yet I fast and I break my fast, I pray and I sleep, and I marry woman. He who turns away from my Sunnah has nothing to do with me.

Sa’ad ibn Abi waqqas said

Allah messenger (Peace be on him) objected to Uthman ibn Maz’un living in celibacy, if he had given him permission (to do so) we (others) would have had ourselves castrated.

Reported by Al-Bukhari and Muslim

Addressing the young men of all times, the prophet (Peace be on him) said

Young men, those of you who can support a wife should marry, for it keeps you from looking at women and pre-serves your chastity

Reported by Al-Bukhari

From this statement some scholars have inferred that marriage is obligatory for the Muslim who is able to support a wife and that the avoidance of it is not permissible, while other scholars add the further condition for its obligatoriness that he should be afraid of following in to sin

In fact, it is not befitting that a Muslim should refrain from marriage out of fear of poverty or of not being able to meet his obligation. He should make every possible attempt to find employment, seeking help from Allah, for he has promised to help those who marry in order to protect their chastity and purity. Says Allah Ta’alah.

And marry those among you who are single and the virtuous ones among your slaves male or female. If they are in poverty Allah will enrich them out of his bounty--(24:33)

And the messenger of Allah (Peace be on him) said there are three who have a right to the help of Allah: The one who marries out of desire to live a chaste life, the slave whose master has agreed to his buying his freedom when he wishes to pay the sum, and the one who fights in the cause of Allah

Reported by Ahmad Al-Nisai, Al-Tarmizee, ibn maja and Al-Hakim

SEEING THE WOMAN TO WHOM ONE PROPOSES MARRIAGE

It is permissible for a Muslim man to see the woman to whom he intends to propose marriage before taking further steps so that he can enter in to the marriage knowing what is ahead for him. Otherwise, if he has not seen her before marriage, he may not find her looks to his liking and have regrets after he is married to her.

The eye is the messenger of the heart; when the eyes meet the hearts and the soul of man and woman may meet as well. Muslim reported Abu Hurairah as saying that a man came to the prophet (Peace be on him) and told him that he had contracted to marry a woman of the Ansar “Did you look at her?” the prophet (Peace be on him) asked “No” he said

Then go and look at her: said the prophet (Peace be on him) “For there is something in the eyes of the Ansar”.

Meaning that some of them have defect of their eyes

Al-Mughira Ibn Shiibah said

I asked for a woman in marriage and Allah’s messenger (Peace be on him) asked me whether I had looked at her? I replied that I had not, he said, and then look at her, for it may produce love between you. I went to her parents and informed them of the prophet advice. They seemed to disapprove of the idea. Their daughter heard the conversation from her room and said, if the prophet (Peace be on him) has told you to look at me? Then looked at her, and subsequently I married her.

Reported by Ahmad Tirmizee, Ibn Hibban and Darimi

The prophet (peace be on him) did not specify either to mughirah or to the other man how much of the woman they were permitted to see. Some scholars are of the opinion that looking is limited to seeing the face and hands. However, it is permissible for anyone to see the face and hands as long as no desire is involved; therefore, if asking for woman in marriage is an exemption, obviously the man making the proposal should be able to see much more of the woman than that. The prophet (Peace be on him) said;

When one of you asks for woman in marriage, if he is able to look at what will induce him to marry her, he should do so.

Reported by Abu-Daoud

Some scholars have gone to one extreme or another in relation to this permission, but the best course seems to be the middle one, one researcher considers it quite appropriate in our time that the man who is proposing be allowed to see the woman as she normally appears before her father, brother, and other muharramah, He says.

In the context of the above hadith, he may even accompany her, together with her father or some other mahrems as chapter one, on her usual visits to relatives or to public places, while clad in full hijab (hijab denotes the proper Islamic dress). In this way he will have the opportunity to get an insight into her reasoning; behavior, and personality this is a part of the meaning of the hadith,…”to look at what will induce him to marry her”.

Al-Bahee Al-khooly, Al-Mar’ah Bain Al-bayn Al-Bait wal-mujtamah.

It is likewise forbidden to the Muslim to propose to a woman who is already betrothed to a Muslim brother; the one whose proposal has already been accepted has acquired a right which must be safeguarded in consideration of goodwill and affection among people, especially among his Muslim brothers. However, if the first suitors terminates his betrothal or give the second suitors his permission, there is no haram in proceeding with it.

Muslim reported that the messenger of Allah (Peace be on him) said.

A believer is a brother to another believer it is therefore not lawful for him to outbid his brother in buying something or to propose to woman when his brother has done so unless he give him permission.

And Al-bukhari reported that the prophet (Peace be on him) said, A man must not propose to another man’s betrothed unless he withdraws or gives him permission

THE CONSENT OF THE GIRL

It is the girl’s right to make a decision concerning her marriage, and her father or guardian is not permitted to override her objections or ignore her wishers. The prophet (Peace be on him) said

A woman who has been previously married has more right concerning her person than her guardian, and virgins consent must be asked about herself, her consent being her silence.

If the man’s intention of marriage is sincere, he is permitted to see the woman with or without her and her family’s knowledge. Jarir ibn Abullah said concerning his wife, “(Before marriage) I used to hide under a tree to see her”

From the hadith concerning Al-mughira we understand that the father of a girl cannot, out of deference to custom and tradition, prevent a suitor who is in earnest from seeing her, for customs and traditions must be governed by the shari’ah. How is it possible that the divine law should be subject to the whims of human beings? On the other hand, however, neither the father, the suitor, or the fiancée can stretch this permission to such an extent that the young man and woman, under the pretext of betrothal or engagement, go to movie theaters, clubs, and shopping places together without being accompanied by a mahrem of hers, a practice which has become common today among Mushin who are fond of imitating western civilization and its customs.

PROHIBITED PROPOSALS

It is haram for a Muslim man to propose to a divorced or widowed woman during her iddah (that is the waiting period during which she is not allowed to remarry). For this waiting period is part of the previous marriage and may not be violated. Although one may, during this period, convey his desire for marriage through indirect hints or suggestions, it may not be done through an explicit proposal. Says Allah Ta’ala

And there is no blame on you in what you proclaim or hide in your minds concerning betrothal to women--- (2:235)

Then Islam prohibited them, for once a woman is married to a man’s father she acquires the status of his mother, and this prohibition is out of honor and respect for the father. Moreover, as this inviolable prohibition leaves no room for sexual attraction between the son and his step mother; they are able to develop a relationship of respect and honor.

(2) The mother, including the grandmothers no both sides

(3) The daughter, including the granddaughters from the son or daughter.

(4) The sister, including the half and step and step sisters

(5) The paternal aunt, whether she is the real, half, or step-sister of the father

(6) The maternal aunt, whether she is the real, half, or step-sister of the father

(7) The brother’s daughter, i.e his niece

(8) The sister’s daughter, i.e his niece

All these female blood-relatives are a man’s muharramat and he is mahram to his corresponding female relatives. Marriage to any mahrem whom so ever is permanently prohibited. The reasons for this prohibition are as follows.

(A) Entertaining and sexual thoughts concerning such close relatives as one’s mother, sister, and daughter is instinctively abhorrent to human nature; there are even certain animals which avoid mating with such closely-related animals. The respect a man feels for his aunts is like the respect he has for his mother, and likewise uncless are regarded as fathers Ibn majah and some other transmitters report the following hadith:

A girl come to the prophet (Peace be on him) and informed him that her father had married her to her cousin against her wishes, where upon the prophet (Peace be on him) allowed her to exercise her choice, she then said, ’I am reconciled to what my father did but I wanted to make it known to women that fathers have no say in this matter: Reported by Al-Bukhari and Muslim

The father of a girl must not delay marriage of his daughter if a proposal is received from a man of equal status who is of sound religion and character. The prophet (Peace be on him) said,

Three matters should not be delayed, salat when its time comes, burial when the funeral has arrived, and the marriage of a single woman when a man of equal status has proposed.

Reported by Al-Tirmizee

He further said,

When someone with whose religion and character you are satisfied asks for your daughter in marriage, accede to his request if you do not do so there will be corruption and great evil on the earth.

Reported by Al-Tirmizee

WOMEN TO WHOM MARRIAGE IS PROHIBITED

It is permanently haram for a Muslim to marry a woman who belongs to one of the following categories:

(A)The father’s wife, whether divorced or widowed. During the period of jahiliyyah such marriage were allowed.

(B)Since the family must live together in intimacy and privacy but without incestuous relations, the shari’ah intends to cut at the roots of any sexual attraction among such close relatives

(C) Since there is natural love and affection among such close blood relatives, the intent of the shari’ah is to expand the circle of love and kinship by prohibiting incest and there by directing the man’s search for women outside the family. This each marriage extends the sphere of love, bringing new people within this ever-expanding network of affection: “And he has put love and mercy between you.” (30:21)

(D)The natural sentiments of love and affection between a man and the above-mentioned female relatives must be kept strong forever. If marriage were permitted between such relatives, it would cause jealousies, dissensions, and the disruption of families, destroying the very sentiments of love and affection which give cohesiveness and permanence to the family structure

(E)The offspring of marriage to such close blood relatives would most probably be defective and weak. Moreover, if physical or mental defects are present in the members of a family, they would become more pronounced among the children of such marriages

(F)The woman needs someone to champion her rights and support her case against her husband, especially when relations between the two of them become strained. If those women who could defend her became rivals, how would his be possible?

MARRIAGE PROHIBITED BY REASON OF FOSTERAGE:

(9) The foster mother: It is haram for a Muslim to marry a woman who has suckled him during his infancy, for suckling makes her like his real mother, since milk has gone in to making of his flesh and bone. Nursing consciously or unconsciously produces feelings of motherhood in a woman and of kinship in a child, and although these feeling might seem to disappear as the child grows and becomes a man, they remain hidden in the unconscious

However, the prohibition of marriage based on fosterage is effective only if the suckling occurred before the time of weaning; that is, when milk was the primary source of food. Another condition is that the child has suckled his fill on five separate occasions, a fill being defined as when the child leaves off suckling of his own accord. After survey of all the a hadith on this subject, the fixing of five suckling as the minimum seems to be the preferred view.

(10)Foster sister: just as a woman becomes a mother to a child by virtue of suckling, likewise her daughters becomes his sisters, her sisters his aunts, and so on. The prophet (Peace be on him) said

“What is haram by reason of genealogy is haram by reason of fosterage.”

Reported by Al-Bukhari and Muslim

Thus the foster-sister, foster-aunts, and foster-nieces are all muharramat and marriage to them is permanently prohibited.

IN-LAW RELATIONSHIPS:

(11)The mother in-law: Marriage to the wife’s mother is permanently prohibited from the time a man enters into a marriage contract with a woman, whether he and his wife have engaged in sexual intercourse or not. The act of marriage itself gives the mother in-law the same status as the mother of the man.

(12) The step-daughter: A man cannot marry his step-daughter (his wife’s daughter by a previous marriage) if sexual intercourse has taken place with her mother, his wife, However, if a man divorces his wife without having had intercourse with her, it is permissible for him to marry her daughter by a previous marriage

(13) The daughter-in-law: That is, the wife of a real son, not that of the adopted son. In fact, Islam abolished the permissibility of the system of legal, formalized adoption, because this is contrary to fact and to reality, resulting in the prohibiting of what is essentially halab and the permitting of what is essentially karam. Allah (S W A) says!

…Nor has he made your sons by adoption your (real) sons. Those are simply words from your mouths (33:4)

Meaning that it is merely an expression of the language which does not alter reality nor transform an outsider to the family in to a blood relative

These three types of female relatives are forbidden in marriage in order that peaceful relationships be maintained among the in-laws.

SISTERS AS CO-WIVES

(14) As opposed to the practice of the period of jahiliyyah, Islam forbade taking two sisters as co-wives, at the same time because the feeling of love and sister lines which Islam wants to maintain between sisters would be destroyed if one sister became the co-wife of the same husband. While the Qur’an mentioned the two sisters, the prophet (Peace be on him) added,

A man may not be married to a woman and her paternal aunt (at the same time), nor to a woman and her maternal aunt

Reported by Al-bukhari and Muslim

And he said

If you do this you will sever your ties of kinship, and how could Islam permit the breaking of such kinship ties when it places so much importance on them?

(Reported by ibn Habbal)

MARRIED WOMEN

(15) As long as a woman is married, her marriage to any other man is prohibited; she may marry another man only when two conditions are fulfilled.

i. Her marriage tie is broken either because of the death of her husband or because of divorce

ii. She has completed the period of waiting (iddah) ordained by Allah. For a pregnant woman this period ends when she delivers the baby. If she is widowed but not pregnant, yhe period of iddah is four months and ten days, while if she is divorce and it is not know whether or not she is pregnant, the iddah is three menstrual cycles. This iddah relates to the woman who has menstrual periods; for a woman who does not menstruate, the iddah is three months.

Allah (S W A) says,

And divorce women shall wait concerning themselves for three monthly periods. And it is not permissible for them to conceal what Allah has created in their wombs, if they believe In Allah and the last day (2:228)

And

As for those who have no further expectation of menstruation among your women, if you are in doubt, the waiting period is three months, as well as for those who have no menses. And for those who are pregnant, their period is until they deliver them burdens, (65:4)

And

For those of you who die and leave behind widows, they shall wait concerning themselves for four months and ten days--- (2:234)

Of these fifteen categories of female relatives to whom marriage is prohibited, fourteen are mentioned in sural Al-Nisa (Meaning the women)

And do not marry those women whom your fathers married, except what is past; indeed, it was an indecency and an abomination, and an evil path. Forbidden to your mothers, and your daughters, and your sisters and your sisters and your fathers sisters and your mothers sisters, and your brothers daughters and your sisters daughters, and your foster mothers, and your foster sisters, your wives mothers, your step-daughters under your guardianship born of your wives to whom you have gone in-and if you have not gone in to them there is no blame on you and the wives of your sons proceeding from loins, and that you should marry two sisters at one time, except what is past ; indeed Allah is forgiving, merciful (4:22-23)

The prohibition against being married to a woman and any of her aunts at the same time is derived from the hadith stated above.

MUSHRIK WOMEN

(16) A woman who is mushrik, that is, who worships idols or associates other deities with Allah, is also among those who are prohibited.

Allah (S W A) says

And do not marry mushrik women until they believe, for a believing bondmaid it better than a mushrik woman, ever though you may admire her. And do not marry (your girls) to mushrik men until they believe, for a believing bondsman is better than a mushrik, ever though you may admire him. They (mushrikeen) invite you to the fire, but Allah invites you to the garden and to forgiveness by his grace --- (2:221)

This verse proclaims that a muslim man may not marry a mushrik woman nor may a Muslim woman marry a mushrik man. Because there is a great, unbridgeable gulf between the two systems of belief. Islam invites people to the garden of paradise, while shirk (idolatry or polytheism) leads them to the fire of hell while Muslims believe in God, his messengers and the hereafter, mushrikeen associate others with God, reject his messenger, and deny the hereafter. Marriage means living under one roof in harmony and love, how then would it be possible for such conflicting beliefs and practices to co-exist peacefully together in one abode?

MARRIAGE TO THE WOMAN OF THE PEOPLE OF THE BOOK

Islam has made marriage to Jewish or Christian women lawful for Muslim men, for they are Ahl-Al-kitab, that is, people of the book, or people whose tradition is based upon a divinely revealed scripture. Although they have distorted and altered it, they do possess a religion of divine origin, and hence Islam has made some exception in dealing with them.

The Qur’an says:

---- And the food of those who were given the scripture (before you) is permitted to you and your food is permitted to them. And (lawful to you in marriage are) chaste women from the believers and chaste women from those who were given the scripture before you, when you give them their due dowers, desiring chastity, not lewdness or secret intrigue (5:6 :( 5))

Tolerance of such a degree is a characteristic of Islam which hardly to be found among other faiths and nations. Despite the fact that Islam takes the people of the book to task for their unbelief error, it permits the Muslim to marry a Christian or Jewish woman, who may, as his consort, the mistress of his house, the mother of his children, the source of his repose and his companion for life, retain her own faith-all this, while the Qur’an says concerning marriage and its mystique.

And among his signs that he created for you mates from among yourselves, that you may dwell with them in tranquility, and he has put love and mercy between you---- (30:21)

However, a warning is in order here in order of preference, a believing practicing Muslim woman who loves her religions is preferable to a normal Muslim woman who has inherited Islam from her parents. The prophet (Peace be on him) said

“Get the one who is religions and prosper”

Reported by Al-bukhari

It is also obvious that a muslim woman, regardless of who she is, is better suited to a Muslim man than a woman of chirstian or Jewish faith, regardless of her merits, if a Muslim man has the slightest suspicion that a non-muslim wife might affect the beliefs and attitudes of his children, it becomes obligatory on him to exercise caution.

If the number of muslim in a country is small for example, if they are immigrants residing in a non-Muslim country-their men ought to be prohibited from marrying non-Muslim women because, since Muslim women are prohibited from marrying non-muslim men, their marriage to non-muslim women means that marry Muslim girls will remain unmarried since this situation is injurious to the Muslim society, this injury can be avoided by temporarily suspending this permission.

THE PROHIBITION OF MUSLIM WOMEN’S MARRYING A NON-MUSLIM MAN

It is haram for a Muslim woman to marry a non-Muslim man, regardless of whether he of the people of the book or not. We have already mentioned the slaying of Allah (S W A)

And do not marry (your girls) to idolaters until they believe--- (2:221)

And he said concerning the immigrant Muslim women,

Then if you know them to be believers, do not sent them back to the unbelievers, they are not halal for them (as wives), nor are they halal for them (as husband) (60:10)

No text exits which makes exception for the people of the book hence, on the basis of the above verses, there is a consensus among Muslims concerning this prohibition.

Thus, while a Muslim man is permitted to marry a Christian or Jewish woman, a Muslim woman is not allowed to marry a Christian or Jewish man. There are many sound reasons for this difference. First, the man is the head of the household, the one who maintains the family and he is responsible for his wife. And while Islam guarantees freedom of belief and practice to the Christian or Jewish wife of a Muslim, safeguarding her rights according to her own faith, other religions, such as Judaism and Christianity, do not guarantee the wife of a different faith freedom of belief and practice, nor do they safeguard her rights. Since this is the case, how can Islam take chances on the future of its daughters by diving them into the hands of people who neither honor their religion nor are concerned to protect their rights?

A marriage between a man and woman of different faiths can be based only on the husband’s respect of his wife’s belief; otherwise a good relationship can never develop. Now, the Muslim believes that both Judaism and Christianity originated in divine revelation. Although later distortions were introduced into them. He also believes that God revealed the Taurat to Moses and the injeel to Jesus, and that both Moses and Jesus (Peace be on them) were among the messengers of Allah who were distinguished by their steadfast determination. Accordingly the Christian or Jewish wife of a Muslim lives under the protection of a man who respects the basic tenets of her faith, her scripture, and her prophet; while in contrast of this the Jew or Christian recognizes the divine origin of Islam, its book, or its prophet (Peace be on him). However then could a Muslim woman live with such a man, while her religion requires of her the observatice of certain worship, duties, and obligations, as well as certain prohibitions? It would be impossible for Muslim woman to retain her respect for her beliefs as well as to practice her religion properly if she were opposed in this regard by the master of the house at every step.

It will be realized from this that Islam is consistent with itself in prohibiting the Muslim man to marry a Mushrik woman, for since Islam is absolutely be impossible for two such people to live together in harmony and love.

In the above, (Taurat refers to the original scripture revealed to the prophet Musa by God) and injeel to the prophet Isah. These are not to be confused with either the existing Taurah or Old Testament, or the four Gospels of the New Testament.

FORNICATRESSES

(17) Here “fornicatresse” (Al-zaniyah) denotes women who earn money through prostitution. It is reported that marthad ibn Abu marthad asked the prophets permission to marry a prostitute named “Anaq” with whom he had relations during the pre-Islamic period. The prophet (Peace be on him) did not give him an answer until Allah revealed,

The fornicator shall not marry anyone except a fornicatress or an idolatress, and the fornicatress shall not marry anyone but a fornicator or an idolator, and that (marrying them) is haram for the believers (24:3)

The prophet (Peace be on him) them recited this verse to marthad and said

“Do not marry her.”

This story is reported by Abu-Daoud, Al-Nisai and Al-Tirmizee

Allah (S W A) has permitted Muslims to marry chaste believing women or chaste women of the people of the man on the condition that they seek it in honest wedlock, not in lust.(4:24). Accordingly, if someone does not accept this command from the book of Allah, nor considers it binding, he is a Mushrik and no one will agree to marry him except another mushrik. If someone accepts this command as binding, but despite this he marries a fornicatress to whom marriage has been prohibited, he becomes a fornicator himself

This ayah (verse) just cited comes after the ayah (verse) prescribing the punishment of flogging for fornicators:

Flog the woman and the guilty man of fornication each with a hundred stripes (24:2)

While this is a corporal punishment, the punishment mentioned in 24:3 is a civil punishment, for depriving fornicators of the right to marry chaste women is like depriving some one of citizenship, nationality, or some other civil right as a punishment for a crime

This punishment has been prescribed for the unmarried fornicator and his partner. While the punishment of death by stoning, If the crime is proved either by four male adult eye witnesses to the act or by self-confession, has been prescribed for the married adulterer and his partner.

Ibn Al-Qayyim, after explaining the meaning of the previously cited verse goes on to say:

This explicit injunction of the Qur’an is what human nature and reason demand. Allah (S W A) prohibits his slave (The Muslim man) to become a pimp to his wayward wife, as he made man’s nature with an instinctive abhorrence and contempt for acting as a pimp. This is why, when people want to abuse someone in the most disparaging manner, they call him the husband of a whore; and Allah does not permit the Muslim to be like that further light is thrown on this prohibition by considering the crime of the woman against her husband and society. She defiles the bed of her husband and perverts the lineage which Allah desires to preserve for the integrity and smooth functioning of society, which he counts as one of his favors upon mankind. Adultery leads to the confounding and doubling of parentage. It is thus one of the beauties of the Islamic shariah that it prohibits marriage to a prostitute until she repents and demon states that she is not pregnant (That is until she has a menstrual that she is not pregnant ascertain that she is not carrying a child).

More over, a prostitute is a vile and degraded woman. Allah has ordained that marriage be a source of affection and mercy between the spouses. How then could a vile woman be the object of love of a virtuous man, since the partners in a marriage must be akin in their ideas, attitudes, and characters if true love and understanding are to develop between them .As vileness and virtue are antithetical to each other both by nature and by considerations of morality, there cannot even be a sympathy, much less love and affection, between the two .Indeed, Allah (S W A) has spoken truly in his saying

Vile woman are for vile men, and vile man are for vile women: virtuous women are for virtuous men and virtuous men for virtuous women and virtuous men are for virtuous women (24:26)

TEMPORARY MARRIAGE (MUT’AH)

Marriage in Islam is a strong bond, a binding contract, based on the intention of both partners to live together permanently in order to attain, as individuals, the benefit of the repose, affection, and mercy which are mentioned in the Qur’an as well as to attain the social goal of the reproduction and perpetuation of the human species

And Allah has made for our spouses of your own nature, and from your spouses has made for you sons and grandsons--- (16:72)

Now, in temporary marriage (known in Arabic as mut’ah), which is contracted by the two parties to last for a specified period of time in exchange for a specified sum of money, the above mentioned purposes of marriage are not realized. While the prophet (peace be on him) permitted temporary marriage during journeys and military campaigns before the Islamic legislative process was complete he later forbole it and made it forever haram

The reason for it was permitted in the beginning was that the Muslim were passing through what might be called a period of transition from Jahiliyyah to Islam. Fornication was very common and wide-spread among the pre-Islamic Arab. After the advent of Islam, when they were required to go on military expeditions, they were under great pressure as a result of being absent from their wives for long periods of time. Among the believers were some who were strong in faith and others who were weak. The weak ones feared that they would be tempted to commit adultery, a major sin and an evil course, while the strong in faith, on the other hand, were ready to castrate themselves, as stated by ibn Mas’ud.

We were on an expedition with the messenger of Allah (Peace be on him) and did not have our wife’s with its, so we asked Allah’s prophet (Peace be on him), should we not castrate ourselves? He forbade us to do so but permitted us to contract marriage with a woman up to a specified date, giving her a garment as a dower

Reported by Al-bukhari and Muslim

The reason for this request was the desire to maintain their purity of mind and body, which was in danger of being affected by their ummet needs

Thus temporary marriage provided a solution to the dilemma in which both the weat and the strong found themselves. It was also a step toward the final legalization of the complete marital life in which the objectives of permanence, chastity reproduction, love and mercy, as well as the widening of the circle of relationships through marriage ties were to be realized.

We may recall that the Qur’an adopted a gradual course in prohibiting intoxicants and usury, as these two evils were widespread and deeply rooted in the Jahili society. IN the same manner, the prophet (Peace be on him) adopted a course of gradualism in the matter of sex, at first permitting temporary marriage as a step leading away from fornication and adultery, and at the same time coming closer to the permanent marriage relationship. He then prohibited it absolutely, as has been reported by ‘Ali and Many other companions. Muslim has reported this in his book (Sahihul Muslim) mentioning that Al-Juhani was with the prophet (Peace be on him) at the conquest of makkah and that the prophet (Peace be on him) give some Muslims permission to contract temporary marriages. Al-Juhani said, “Before leaving makkah the messenger of Allah (Peace be on him) prohibited it.” In another version of the hadith the Islam scholars find the prophet’s own words.

“Allah has made it haram until the day of Resurrection”

The question then remains-is temporary marriage (Mut’ah) absolutely haram, like marriage to one’s own mother or daughter, or is it like the prohibition concerning the eating of pork or dead meat, which becomes permissible under real necessity, the necessity in this case being the fear of committing the sin of Zina ?

The majority of the companion held the view that after the completion of the Islamic legislation, temporary marriage was made absolutely haram, Ibn ‘Abbas, however, hold a different opinion, permitting him to do so. A servant of his then asked,”is this not under hard conditions, when women are few and the like? ” and he replied,”yes.” Lather however, when ibn Abbas saw that people had become lax and were engaging in temporary marriages without necessity, he withdrew his ruling, reversing his opinion.

Reported by Al-Bukhari also in zad al-miad vol 4 p7. Bayhaqi transmited it and Muslim as well

MARRYING MORE THAN ONE WOMAN

Islam is a way of life consonant with nature, providing human solution to complex situations and avoiding extremes. This characteristic of islam can be observed most clearly in its stand concerning the talking of more than one wife. Islam permits the Muslims to marry more than one woman in order to resolve some very pressing human problems, individual as well as social

Many people and religions prior to Islam permitted marriage to a host of women, whose number reached tens and sometimes hundreds, without any constitution or restriction. Islam, on the other hand, laid down definite restrictions and condition for polygamy.

With regard to the restriction, it limited to four the maximum number of wives a man might have, when chailan Al-thaqafi accepted Islam, he had ten wives

“Choose four of them and divorce the res”

Reported by Al-shafi’I, Ahmad, Al-tirmizee, Ibn mafah & Bayhaqi

The prophet (Peace be on him) told him, similarly, some men who had eight or five wives at the time of embracing Islam were told by the prophet (Peace be on him), who himself had nine wives, was exempted from this by Allah for the sake of Da’awah (the propagation of the message of Islam) during his lifetime and because of the need of the Muslim Ummah after his death.

JUSTICE AMONG WIVES - A CONDITION

The condition which Islam lays down for permitting a man to have more than one wife is confidence on his part that he will be able to deal equitably with his two or more wives in the matter of food, drink, housing, clothing and expenses, as well as in the division of his time between them.

Reported by Abu-Daoud in his musnad, and the compilers of sunnah and by ibn Hibban and Al-hakim

Anyone who lacks the assurance that he will be able to fulfill this entire obligation with justice and equality is prohibited by Allah Ta’ala from marrying more than one woman, for Allah (S W A) says.

…But if you fear that you will not be able to do justice (among them), then (marry) only one---- (4:3)

And the prophet (Peace be on him) said

Anyone who has two wives and does not treat them equally will come on the day of resurrection dragging one part of his body which will be hanging down

The equal treatment mentioned here pertains to the rights of the wives, not to the love the husband feels toward them, for equality in the division of love is beyond human capacity and any imbalance in this regard is forgiven by Allah (S W A) who says.

Any you will not be able to do justice among (your) wives, however much you may wish to. But do not turn away (From one of them) altogether---- (4:139)

This is why the prophet (Peace be on him) used to divide his time among his wives equally, saying,

O Allah, this is my division in regard to what I can control. Then do not take me to task regarding what thou control lest and I do not control.

Reported by the compilers of sunnah

Referring to the attachment and affection which he felt for one particular wife . And when he planned to go a journey, Allah’s messenger (Peace be on him) would cast lots among his wives, and the one who was chosen by lot would accompany him

Reported by Al-bukhari and Muslim

WHY MARRIAGE TO MORE THAN ONE WOMAN IS PERMITTED IN ISLAM

Islam is the last and final word of Allah (S A W) ending the series of his messages to mankind. It therefore came with a general law suitable for all times and places, and for the whole of humanity. It did not legislate for the city dweller only, while neglecting the nomad, nor for the cold region while ignoring the hot ones, nor for one particular period of time, forgetting later times and the generations to come.

Islam recognizes the needs and interests of all people, of individuals as well as groups. And among human beings one finds that individual who has a strong desire for children but whose wife is barren, chronically ill, or has some other problem. Would it not be more considerate on her part and better for him that he marry a second wife who can bear him children, while retaining the first wife with all her rights guaranteed?

Then there may also be the case of a man desire for sex is powerful and populous nations of his time, (woman) suckled their children during pregnancy without its affecting their strength or numbers, and accordingly he refrained from prohibiting it.

Miftah dar al-sa’adah by Ibn Al-Qayyin, p 620

In our time new methods of contraception are available which Realize the objective intended by the prophet (Peace be on him), that of protecting the suckling infant from any possible harm which may occur due to the pregnancy of its mother, while at the same time avoiding the hardship to the husband in abstaining from sexual relations with his nursing wife. From this we may conclude that from the Islamic point of view the ideal spacing between two children is thirty months, or, if one wants to nurse the baby for two full years, thirty-three months.

Imam Ahmad bin Hambal is of the opinion that contraception requires the consent of the wife; because she has a right both to sexual enjoyment and to decide whether or not she wants a child. It is reported that Umar forbade the practice of coitus interruptus without the consent of the wife. This was, on the part of Islam, a note worthy step toward establishing the rights of women in an age in which they had no rights

ABORTION

While Islam permits preventing pregnancy for valid reasons, it not allows doing violence to the pregnancy once it occurs.

Muslim jurists agree unanimously that after the foetus is completely formed and has been given a soul, aborting it is haram. It also a crime, the commission of which is prohibited to the Muslim because it constitutes an offense against a complete, live human being .Jurists insist that the payment of blood money (Diyyah) becomes incumbent if the baby was aborted alive and then died, while a fine of lesser amount is to be paid if it was aborted dead.

However, there is one exceptional situation, if, say the Jurists, after the baby is completely formed, it is reliably established that the continuation of the pregnancy would necessarily result in the death of the mother, then, in accordance with the general principle of the shari’ah, that of choosing the lesser of two evils, abortion must be performed

For the mother is the origin of the foetus; moreover, she is established in life, with duties and responsibilities, and she is also a pillar of the family. It would not be possible to sacrifice her life for the life of a feotus which has not yet acquired a personality and which has no responsibilities or obligations to fulfill.

Al-fatawa by sheikh shaltut p.164

Imam Al-Ghazzali makes a clear distinction between contracption and abortion, saying.

Contraception is not like abortion is a crime against an existing being. Now, existence has stages. The first stages of existence are the settling of the semen in the womb its mixing with the secretions of the woman (it was then believed that the mingling of the semen with the secretion of the woman in the uterus caused pregnancy), It is then ready to receive life. Disturbing it is a crime when it develops further and becomes a lump, aborting it is a greater crime. When it acquires a soul and its creation is completed, the crime becomes more grevious. The crime reaches a maximum seriousness when it is committed after it (the foetus) is separated (from the mother) alive.

Al-Ihya book of “Al-Nikah” (marriage)

DIVORCE

Marriage, as stated previously is a strong bond by means of which Allah joins a man and a woman. While they are “single” as individual human beings, after marriage they are termed a “couple.” Marriage makes of them a pair, and thus the sorrow and joy of the one are equally the sorrow and joy of the other. The Qur’an describes this bond in beautiful and vivid language:

---They (wives) are your garments and you are their garments--- (2:187)

Meaning that each is the protection, the covering, the support, and the adornment of the other

(Al-tirmizee transmitted that Abu-Hurairah reported Allah’s messenger (peace be on him) as saying.” The believers who show the most perfect faith are those who have the best disposition, and the best of you are those who are best to their wives.” In a hadith narrated by Aishah, the last words are and are kindest to their families“, as transmitted by Al-Tirmizee.)

Each of the two spouses has right in regard to the other which must be recognized and which is not to be diminished. These mutual rights are equivalent except in relation to what is particular to men by virtue of their natural position, as Allah says:

---And they (women) have (rights) similar to those (of men) over them in an honorable fashion, but men have a degree over them. (2:228)

This “degree” (Darajah) is related to men’s role as the maintainers and leaders of the family.

A man asked the prophet (Peace be on him),”O messenger of Allah, what rights may a wife demand of her husband?”

He replied,

That you should feel her (with the same standard) as you feel yourself, clothe her as you clothe yourself, that you should never hit her face or put her down, or cut yourself off from her unless it occurs in the house.

Reported by Abu-Daoud and by Ibn Hibbal in his salih

According, it is not permissible for the Muslim husband to neglet to provide his wife with food and clothing. A hadith states,

“Wasting the sustenance of his dependents is sufficient sin for a man”

Reported by Abu-Daoud, Al-Nisai, and Al-Hakim

Striking her on the face is also prohibited, since it is an insult to her human dignity as well as being a danger to discipline his wife in the event of open rebellion, when all other methods have failed, he is not allowed to beat her in a manner which causes pain or injury, and he is most certainly not permitted to touch her face or other easily injured parts of her body. Similarly, the Muslim is not permitted to revile, curse, or say insulting words to his wife

Concerning the rights of the husband, the prophet (Peace be on him) said,

It is not lawful for a woman who believes in Allah to allow anyone in her husband’s house while he dislikes it. She should not obey anyone who contradicts his orders. She should not refuse to share his bed, (Meaning that she should not deny him sexual access whim he desires it) she should not beat him (in case she is stronger than he). If he is more in the wrong than she, she should plead with him until he is reconciled. If he accepted her pleading, well and good, and her plea will be accepted by Allah; while if he is not reconciled with her, her plea will have reached Allah in any case.

Reported by Al-Hakim

MUTUAL TOLERANCE BETWEEN HUSBAND AND WIFE

A husband must be patient with his wife if he sees something in her which he disapproves and dislikes. He should recognize that he is dealing with a human being with natural imperfections, and he should balance her good qualities with her failings. The prophet (Peace be on him) said,

Let a believing man not dislike a believing woman. If something in her is displeasing to him, another trait may be pleasing.

And Allah (S W A) says.

---And consort with them in kindness, for if you dislike them, it may be that you dislike something in which Allah has placed much good (4:19)

While on the one hand Islam requires the men to be tolerant and patient with what he dislikes in his wife, on the other it commands the wife to try to please her husband as far as her ability and charm allow, and warns her not to let a night pass during which her husband remains angry with her. A hadith states:

There are three (persons) whose salat does not rise even a single span above their heads: a man leading a congregational salat while her husband is angry with her, and two quarreling brothers.

Reported by Ibn Majah and by Ibn Hibban in his Sahih

REBELLIOUSNESS AND STRIFE

Because of his natural ability and his responsibility for providing for his family, the man is the head of the house and of the family. He is entitled to the obedience and cooperation of his wife, and accordingly it is not permissible for her to rebel against his authority, causing disruption. Without a captain the ship of the household will flounder and sink. If the husband senses that feeling of disobedience and rebelliousness are rising against him in his wife, he should try his best to rectify her attitude by kind words, gentle persuasion, and reasoning with her. If this is not helpful, he should sleep apart from her, trying to awaken her agreeable feminine nature so that serenity may be restored and she may respond to him a harmonious fashion. If this approach fails, it is permissible for him to beat her lightly with his hands, avoiding her face and other sensitive areas. In no case should he resort to using a stick or any other instrument which might cause pain and injury. Rather this “beating” should be of the kind which the prophet (peace be on him) once, when angry with his servant, mentioned to him, saying,

If it were not for the fear of relation on the day of resurrection, I would have beaten you with this miswak (tooth-cleaning stick).

Reported by Ibn Sa’ad in his Tabaqat

The prophet (Peace be on him) admonished men concerning beating their wives, saying

“None of you must beat his wife as a slave is beaten, and then have intercourse with her at the end of the day”

Reported by Ahmad; Al-bukhari has something similar to it was reported to the prophet (Peace be on him) that some of his companions beat their wives, where upon he said,

“Certainly those are not the best among you”

Reported by Ahmad, Abu-Daoud and Al-Nasai, Ibn Hibban and Al-Hkim classify it as sound, as narrated by iyas Ibn Abdullah Ibn Abu Dhiab

Says Imam Al-Hafiz Ibn Hajar

The saying of the prophet (peace be on him), the best among you do not beat; could imply that beating wives is in general permissible. To be specific, one may beat only a safeguard Islamic behavior and if he (the husband) sees deviation only in what she must do or obey in relation to him. It is preferable to warn (her), or something of the sort, and as long as it is possible to achieve things through warning, any use of force is disallowed because force generates hatred, which is inimical to the harmony excepted in marriage, force is applied only when sin against Allah (S W A) (masiyah) is feared. Al-Nisai has reported “Aishat as saying”. The prophet (peace be on him) never beat any of his wives or servants; in fact, he did not strike anything with his hand except in the cause of Allah or when the prohibitions of Allah were violated, and he retaliated on behalf of Allah.

Fath Al-Bari vol 9 p. 249

If all of those approaches fail, and the rift between the husband and wife deepens, the matter then devolves on the Islamic society for solution. Two individuals of good will and sound judgement, one from the wife’s and one from the husband’s side, should meet with the couple in order to try to resolve their differences. Perhaps the sincerity of their efforts may bear fruit and Allah may bring about reconciliation between the spouses.

These various approaches are stated by Allah (S W A) in the following ayah

----And as for those women, on whose part you fear stubbornness, (first) admonish them; then refuse to share their beds; and (finally) beat them (lightly). Then if they return to obedience, do not seek for a way against them; indeed, Allah is most High, Great. And if you fear breach between the two of them, appoint an arbiter from his family and an arbiter from her family. If they desire to set things a right, Allah will bring about reconciliation between them; indeed, Allah is knowing Aware (4:34-35)

WHEN DIVORCE BECOMES PERMISSIBLE

If all these efforts fail and every course tried proves to be of no avail, the husband may resort to the final solution permitted by the shari’ah of Islam. In response to the biter realities of life, when difficulties cannot be resolved except through the separation of the two parties in an honorable fashion, Islam has made the provision of divorce. Islam has permitted divorce reluctantly, neither liking nor commending it, said the prophet (Peace be on him)

“Among lawful things, divorce is most hated by the Allah”

Reported by Abu-Daoud

That a thing is lawful yet detested by Allah means that it is permissible under unavoidable circumstances, when living together becomes a torture, mutual hatred is deep-seated, and it becomes difficult for the two parties to observe thelimits of Allah and to fulfill their marital responsibilities. In such a situation separation is better, and Allah (S W A) says,

But if they separate, Allah will provide for each of them out of his abundance---- (4:/30)

DIVORCE IN THE PRE-ISLAMIC PERIOD

Islam is not alone among religions in permitting divorce. Prior to its advent, apart from a very few societies, divorce was allowed every where in the world. It was a common occurrence that when a man became angry with his wife, he would turn her out of the house, with or without a just cause, and the wife had no legal recourse against him nor any claim on his property. Nor even a right to support money or compensation.

Unconditional and unrestrained divorce was allowed among the ancient Greeks when their civilization was ascendant. Under Roman law a judge was empowered to annual a marriage even if the two parties had included a provision against divorce in their marriage contract, since the possibility of divorce was regarded as a part of the marriage contract. During the earlier period of Roman civilization the religious marriage made no provision for divorce but at the same time the husband was given absolute power over his wife; for example, under certain circumstances it was lawful for him to kill her. AS time passed, the religious law was brought in to conformity with the civil law, which permitted divorce

DIVORCE IN JUDAISM

Judaism improved the status of the wife but it also broadened the scope of divorce. The religious law requires that the husband divorce the wife if moral delinquency is proved against her, even though he may prefer to forgive her; likewise, he is required to divorce her if she does not bear him children throughout a period of ten years of married life,

DIVORCE IN CHRISTIANITY

Christianity stands alone among the religion we have mentioned, in distinction even to Judaism, in prohibiting both divorce and marriage to divorced men and women. Jesus (Peace be on him) is reported to have said, “It was also said; Who ever divorce his wife must give her a certificate of divorcement.” But I tell you, Who ever divorce his wife, except on the grounds of adultery, causes her to commit adultery; and who ever marries a woman who has been divorce commits adultery” (Matt, 5:31-32)” And he said to them; Who ever divorces his wife’s and marries another, commits adultery against her; and if a woman divorce her husband and marries another, she commits adultery, (Mark 10:11-12)

The reason for this is given in the Gospels in the words, “What there fore God has joined together, let no man put asunder” (Matt 19:6, Mark 10:9). This statement is correct in the senses that, since the husband and wife are married by God’s permission and legislation; one may say that God has joined them together, although it is the man who enters into the marriage contract. In similar fashion, since God has permitted and legislated divorce in relation to certain reasons and circumstances, one may say that God has separated them, even through the man implements the divorce. It thus becomes clear that no man puts asunder what God has joined together, for joining together and putting asunder is in the hands of Almighty God. (Allah), and is it not God himself who puts them asunder due to the reason of sexual immorality?

DIFFERENCES AMONG CHRISTIAN DENOMINATIONS REGARDING DIVORCE

The New Testament Gospels do make an exception with regard to the prohibition of divorce in the case of sexual immorality. Some catholic, however, try to explain away even this exception by saying , ”The meaning here is not that adultery is an exception in the case of which divorce is permitted,” because in Christian law there is no divorce. The phrase, “Except for un chastity; means that the marriage itself is annulled, since its legality and correctness have been violated; thus, while it is seemingly a marriage, in actuality it is adultery consequently, in such a case it is permissible for the husband, or rather incumbent upon him, to leave the woman (in a commeptary on the Gospel according to Matthew, institute of Coptic catholic Research.)

The protestant denominations permit divorce on the grounds of adultery, betrayal of the husband, and some other specified reasons. In addition to those mentioned in the text of the Gospels. However, some of those denominations prohibit the remarriage of a divorced man or woman.

The councils of the Orthodox Church in Egypt permit its followers, the right of divorce on the grounds of adultery, as provided by the Gospels, and for some other reasons such as sterility extending over a period of three years, chronic illness, and prolonged dissension which appears to be irresolvable.

CONSEQUENCES OF THE CHRISTIAN STAN ON DIVORCE

As a result of this uncompromising stand of Christianity with regard to divorce , people in western countries were obliged to resort to civil legislations in order to legalize it. Unfortunately, many of them, the Americans, for example, went to an extreme of permissiveness in the matter of divorce so that it is granted for quite trivial reasons. Some western philosophers warn that this case in divorce will dibute the sanctity of the marital bond and erode the very foundations of family life. A well-known judge declared that the time is not too far off when, in western countries, marriage will be replaced by a loose and tenuous relationship between men and women, similar to a commercial transaction, which can be broken for the most trivial reasons. Since there will be on bond of religion or love between such a pair, they will be united only by their lusts and the desire to experience a variety of pleasures, a type of relationship which is against the teachings of every religion.

“This phenomenon of regulating personal affairs through civil law is against the teachings of every religion and is not to be found anywhere in the world except among the peoples of the Christian west; even Hindus, Buddhists, and Zoroastrians observe religious injunction in the ordering of their personal affairs. Although we may find among them those who have made innovations in the teachings of their religions in matters of public concern, such innovations are not undertaken in personal affairs, that is to say, in marriage, divorce, and what pertains to family life”

Quoted in Huqul Al-insan fil-islam (Human Rights in Islam), by Abd-Alwalid wafi, P88

THE CHRISTIAN STAND ON DIVORCE: A TEMPORARY INJUNCTION NOT A PERMANENT LAW

A serious student of the Gospels cannot escape the conclusion that what Jesus (Peace be on him) taught was intended to correct excesses introduced in to the divine law by the Jews. His teachings, including his statements concerning divorce, were never intended to be taken as permanent law for the whole of mankind.

In the Gospel according to Matthew we find the following dialogue between Jesus and the Pharisees:

And the Pharisees came to him and put him to the test by asking, is it lawful to dismiss one’s wife for any cause? He replied; Have you never read that “He who made them from the beginning made them male and female, and said; for this reason a man shall leave his father and mother and shall be joined inseparably to his wife, and the two shall become one flesh?” (Gen.1:27, 2.24) so they are no longer two but one flesh. What therefore God has joined together, let not man put asunder. They said to him, ’Why then did Moses (Prophet Musa Peace be on him) command (us) to give a certificate of divorce, and thus to dismiss a wife? (Deut 24:1-4). He said to them, ’Because of the hardness of your hearts Moses (Prophet Musa Peace be on him) permitted you to dismiss your wives; but from the beginning it has not been so (ordained). I say to you : Whoever dismisses his wife, except for unchastity, and marries another, commits adultery, and he who marries a divorced woman commits adultery; The disciples said to him, ‘if the case of a man with his wife is like that, it is neither profitable nor advisable to marry (Matt. 19:3-10)

From this dialogue it is clear that by restricting the permissibility of divorce to the case of unchastity alone, Jesus intended to correct the excesses of the Jews in the indiscriminate application of divorce, which was permitted under Mosaic Law. This was obviously a temporary remedy, abrogated by the permanent and universal law of Islam brought by Prophet Muhammad (Peace be on him).

To suppose that Jesus (Peace be on him) intended to make this an eternal law for all mankind does not appeal to reason. We see that his disciples, saying, “if the case of a man with his wife is like that, it is neither profitable nor advisable to marry, “that is, the moment a man marries a woman he puts a yoke around his neck which it is impossible to remove, regardless of how miserable their life together may become because of mutual hatred and imcompatability of temperaments. As a wise man has aptly said,”The greatest torment in life is a companion who neither agrees with you nor leaves you alone.”

THE ISLAMIC LIMITS FOR THE REGULATION OF DIVORCE

The Islamic shari’ah has placed a number of obstacles in the way of divorce in order to confine it within the narrowest possible compass. Divorce without lawful necessity and without first conflict is unlawful and is prohibited in Islam. Some jurists maintain, it is injurious to both husband and wife, un necessarily damaging the interests of the two, which, like the wasting of property is haram.

“Do not harm yourself or others.”

From Al-mughni by ibn Qadamah, Vol 2. P77. This hadith is transmitted by ibn majah.

The prophet (Peace be on him) has instructed us

People who divorce their spouses and marry others in order to enjoy a variety of sexual partners are liked neither by Allah nor by his messenger (Peace be on him). The prophet (Peace be on him) called them “the tasters,” saying

“I do not like the tasters, men and women.”

And Reported by Al-Dhabarani

“Allah does not like the tasters, men and women”

Al-Dhadarani in al-kabir, on the authority of good transmitters

Said ‘Abdullah bin Abbas, “Divorce is (only) in the case of necessity.”

THE PROHIBITION OF DIVORCING DURING MENSTRUATION

When divorce becomes necessary, it is not permissible for the Muslim to implement it any time he pleases; he must wait for a suitable suitable time. According to the shari’ah, this suitable time is when the woman is clean following her menstrual period or the period of puerperal discharge following child birth and before her husband has resumed sexual relations with her, or when she is pregnant and her husband is aware of her pregnant

The reason for prohibiting divorce during menstruation or the period of puerperal discharge is that, since during such periods sexual intercourse is haram, the idea of divorce may come to a man’s mind because of sexual frustration and nervous tension. He is therefore advised to wait until his wife is clean and to divorce her then, if he is intent on divorce, before the resumption of marital relation.

Just as divorce during menstruation is haram, it is likewise haram between menstruation periods (i.e, “the period of purity”) if the husband has had intercourse with his wife following the termination of her previous period. Because it is possible that she may have become pregnant from this union, the husband may change his mind concerning divorce when he knows that his wife is carrying a child, desiring to stay married to her for the sake of the embryo in her womb. However, when the wife is in the period of purity but he has not had intercourse with her following the termination of her menses, or when she is pregnant and he is aware of it, he will be able to ascertain that his intention to divorce her is the result of deep-seated antipathy, and accordingly is permitted to carry through with the divorce. In the sahih of Al-Bukhari, it is transmitted that Abdullah bin Umar divorce his wife during her menstrual period. When Umar mentioned the matter to the messenger of Allah (Peace be on him) he became angry, saying

He must take her back, if he still wishes to divorce her he may do so when she is clean of the menstrual discharge before having intercourse with her, for that is the period of waiting which Allah has prescribed for divorce, referring to the ayah,

“O prophet, when you (Men) divorce women, divorce them during the prescribed period (65:1)”

Another version of this hadith reads,

Command him to take her back and then divorce her when she is clean from the menstrual discharge or (otherwise) is pregnant.

A question now remains: if a person does divorce his wife during these prohibited periods, does the divorce become effective or not?

The prevailing opinion is that it does become effective, although the husband will be considered sinful. However, some jurists hold that, as Allah did not legislate it, it does not become effective, and whatever is not legal cannot be correct nor enforced. Abu Daoud, on sound authority, has transmitted that when Abdullah bin Umar was asked, “What would you say if a man were to divorce his wife during menstruation? He related his own story of divorcing his wife during her period and the prophets commanding his to take her back, disregarding his pronouncement of divorce.”

TAKING AN OATH OF DIVORCE

It is not permissible for the Muslim to take an oath of divorce, vowing that if a particular event does not occur his wife will be divorce, or to threaten her by saying that if she does this or that particular thing she will be divorce. In Islam an oath may be expressed only in one specific manner, that is, in the name of Allah alone, apart from this, on other form of oath-taking is permitted.

The prophet (Peace be on him) said,

“Anyone who swears by (anything) other than Allah has committed shirk”

Reported by Abu-Daoud, Al-Tirmizee and Al-Hakim

And said

“Whoever wants to take an oath should take it in the name of Allah or keep silent”

Reported by Muslim

WHERE THE DIVORCE RESIDES DURING THE WAITING PERIOD

The Islamic shari’ah requires that the divorced woman remain the her home, that is to say, her husband’s house, for the duration of her house, as it is likewise not permissible for her husband to evict her without a just cause. This requirement leaves the way open, during the ‘Iddah following a first or second pronouncement of divorce, for the husband to revert to his wife without the requirement of remarriage. Her presence in the same house with him makes it quite problem that the mutual sympathy and love between them may be rekindled, while if she is pregnant the passing of months will make her pregnancy obvious, which may be a further inducement to him to change his mind. In any case, ample time is at their disposal to reconsider the whole situation with the healing effect of time feelings of antipathy may give place to affection and reconciliation and the revitalization of their love may occur.

----And fear Allah, your lord. Do not turn them out of their houses, nor shall they leave (of their own accord) unless they commit some clear immorality; and these are the limits set by Allah. And whoever transgresses Allah’s limit indeed wrongs his own soul. Thou knowest not; it may be that Allah will after wards bring some new things to pass (65:1)

If then they must separate, it should be done with dignity and kindness, without mutual abuse, injury, recrimination, or infringement of rights. Says Allah Ta’ala:

----Either retain them in kindness or part with them in kindness---- (65:2)

----The n (either) retain her in honor or release her with kindness--- (2:229) For divorced woman a provision (shall be made) in kindness, a duty for those who are conscious of Allah (2:241)

REPEATED DIVORCE

The Muslim is allowed three chances, that is to say, three pronouncements or acts of divorce on three different occasion, provided that each divorce is pronounced during the time when the wife is in the period of purity and he has had no intercourse with her.

A husband may divorce his wife once and let the Iddah pass during the period of iddah the two have the option of being reconciled without the necessity of remarriage. If, however, this wanting period expires without reconciliation, they are now fully divorced. Each of them is free to marry someone else or to remarry each other; should they want to remarry each other, a new marriage contract is required.

If after the first divorce the husband is reconciled with his wife but later the hostility and conflict begin all over again, all efforts at reconciliation and arbitration resulting in failure, he may divorce her a second time in the same manner as described above. In this case, too, he can return to her during the iddah without remarriage, or after the iddah has expired through a new marriage contract.

But it may happen that although he is reconciled with his wife again after the second divorce, he may later divorce her for the third time. This will then be a clear proof that they are incapable of living together. If this third divorce takes place, it is not permissible for the husband to return to his wife during her iddah, nor may he remarry her after the iddah unless she has been married to another man, to live with him as a permanent and true wife, and he then subsequently divorce her. It is, however, totally prohibited for the other man to marry and divorce her simply in order ti make her halal for her first husband.

Those Muslims who utter three divorce pronouncements at one time or in one statement are robois against Allah’s law and are deviating from the straight path of Islam. Once the prophet (Peace be on him) was informed about a man who had pronounced three divorces at one time, he got up in anger, saying

Is sport being made of the book of Allah while I am (yet) among you? As a result, a man stood up and said, O messenger of Allah, shall I not kill him?

Reported by Al-Nisa’i

RECONCILLING HONORABLE OR SEPARATING WITH KINDNESS

When the husband has divorce his wife and the period of iddah is passing, he has two alternative: either to reconcile with her honorably-that is, to return to her with the intention of living in peace and harmony, and not in order to torment or harm her or to free her and part with her in kindness by allowing the iddah to expire without arguments and harsh words, and without setting aside any of their mutual rights.

It is not lawful for him to return to her just before the iddah is due to expire in order to torment her by prolonging the waiting period, thus depriving her of the opportunity to marry someone else. This was what was done in the period of jahiliyyah. Allah (S W A) then prohibited this injury to women in a very decisive manner, using a style of expression which makes the heart quake:

And when you have divorced momen and they have fulfilled the term (of their iddah), either retain them honorably or release them honorably; but do not retain them in order to injure them, for this is transgression, and whoever does this has wronged his own soul. And do not take the revelations of Allah in mockery, but remember Allah’s favor upon you and what he has sent down to you of the book and the wisdom, to instruct you by means of it, and be conscious of Allah, and know that Allah is aware of everything. (2:231)

A little reflection upon this noble verse of seven, phrasas, containing warning after warning, reminder after reminder, ought to be sufficient for anyone who has feeling in his heart or any hearing when it is recited.

THE DIVORCED WOMAN’S FREEDOM TO REMARRY

After the expiration of the divorced women’s iddah, neither her ex-husband, guardian, nor anyone else can prevent her from marrying anyone she chooses. As long as she and the man who proposes to her follow the procedure required by the shari’ah, on one has the right to interfere . What some men of today do in attempting to prevent their ex-wives from remarrying, intimidating them and their families, is in fact something pertaining to jahilliyyah; likewise, what some families or guardians of divorced women do to prevent them from returning to their husbands when they want to be reconciled, as indeed ”peace is better,” (4:128) is also of jahilliyyah. Allah (S W A) says.

And when you divorce women and they complete their term (iddah), do not prevent them from marrying their (former) husbands if they agree among themselves in an honorable manner. This is to instruct those among you believe in Allah and the Last Day. That is more virtuous and pure for you; and Allah knows and you do not know (2:232)

THE WOMAN’S RIGHT TO DEMAND DIVORCE

The woman who cannot bear to live with her husband has the right to free herself from the marriage bond by returning to her husband the (required marriage gift) and gifts he has given her, or more or less than that according to their mutual agreement. It is, however, preferable that he should not ask for more than he has given her, Allah (S W A) says

----And if you (the judges) fear that the two may not be able to keep to the limits ordained by Allah, there is no blame on either of them if she redeems herself (from the marriage tie by returning all or part of the marriage gift)--- (2:229)

This wife of Thabit bin Qais came to the prophet (Peace be on him) and said, “O messenger of Allah, I do not approach Thabit bin Qais in respect of character and religion, but I do not want to be guilty of showing anger to him” (Her meaning was that although Thabit was a good man, she was unable to get along with him and thus might not be able to show him the respect due to a husband). The prophet (Peace be on him) asked her about what she had received from him. She replied, “A garden”. He asked, “Will you give him back him garden?” “Yes,” she said. The prophet (Peace be on him) then told Thabit

“Accept the garden and make one declaration of divorce”.

Reported by Al-Bukhari and Al-Nisa’i

It is not permissible for woman to seek divorce from her husband unless she has borne ill-treatment from him or unless she has an acceptable reason which requires their separation said the prophet (Peace be on him)

If any woman asks her husband a divorce without some strong reason, the fragrance of the garden will be forbidden to her

Reported by Abu-Daoud

THE PROHIBITION OF UL-TREATMENT

It is haram for the husband to torment and mistreat his wife in order to compel her to seek a divorce so that she will return him all or part of the property he has given her. Only if the wife is guilty of clear immorality may her husband demand the return of part of the marriage gift. In this regard Allah ( S W A) says

----Nor should you treat them with harshness in order that you may take away part of what you have given them, (for you may not take it back) unless they are guilty of open lewdness (4:19)

It is also haram for a husband to take back anything from his wife because he hates her and wants to divorce her so he can marry another woman. As almighty Allah says

But if you decide to take one wife in the place of another, even if you have given one of them a heap of gold, do not take (back) anything of it; would you take it back by slander and a manifest wrong? And could you take it back, when each of you has been privately with the other, and they (the wives) have taken a solemn covenant from you? (4:20-21)

THE PROHIBITION OF THE OATH OF DESERTION

One of the aspects of Islam’s concern for the rights of women is that it prohibits a man to be so angry with his wife as to discontinue sexual relations with her for a period which she cannot bear. If this abandonment of sexual relations is accompanied by an oath on his part, he is given a limit of four months in which to calm down and revert to her. If he comes to his senses and resumes sexual relations before the expiration of the four months, it is possible that Allah may forgive him for his excess and open the door of repentance to him; however he must still do the penance prescribed for a broken oath, if, on the other hand, this period expires and he has not returned to her, his wife is divorced from him as a just punishment for his neglect of her rights.

Some jurists hold that the divorce is automatic at the expiration of four months, and that no judgment from a court is needed. Others, however, require that at the end of the period the matter should be referred to the judicial authority, who will then give them the option of reconciliation or divorce.

Such an oath of abstention from the wife is technically known in the shari’ah as ecla. Concerning it Allah (S W A) says

For those who take an oath of abstention from their wives, a waiting period of four months (is ordained); if they return, indeed, Allah is forgiving, merciful. But if their intention is firm for divorce, then, indeed, Allah is Hearing, knowing (2:226-227)

This period of four months has been specified to give the husband ample time to calm himself and to restore the relationship of his own volition. Moreover, four months is normally regarded as the maximum period a woman can endure separation from her husband commentators on the Qur’an narrate the following incident in support of this spirition:

One night during his caliphate, while Umar was making a round of madinah, he heard a woman singing.

The night is long, the darkness all around me: I am sleepless, for I have no friend to play with. I swear by Allah that had there been on feer of him this cot would be shaking from side to side

Upon investigation, ‘Umar found that the woman’s husband had been gone on a military expedition for a long time. He then asked his daughter Hafsah, the widow of the prophet (Peace be on him). “How long can a woman endure separation from her husband?” she replied, “four months.” Subsequently, the caliph of the believers decided that he would not send a married man away from his wife for a period exceeding four months.

PARENTS AND CHILDREN

THE PROTECTION OF THE LINEAGE

The child is an extension of his father and the bearer of his characteristics. During his lifetime he is the joy of his father’s eye, while after his death he represents a continuation of his existence and an embodiment of his immorality. He inherits his features and stature as well as his mental qualities and traits, both the good and the bad, the beautiful as well as the ligly, from his father. The child is a part of his father’s heart and a piece of his body.

Allah (S W A) has ordained marriage and has forbidden adultery so that paternity may be established without doubt or ambiguity and that the child may be referred to his father and the father to his sons and daughter. Through marriage a woman is reserved for one man; it is haram for her to be unfaithful to him or let anyone else have access to what belongs exclusively to him. Thus, every child born to her in wedlock will be her husband’s child, without any need for recognition or public proclamation of the fact by him or a corresponding claim on the part of the mother.

“The child attributed to be one on whose bed it is born.”

Declared the prophet of Islam (Peace be on him)

Reported by Al-Bukhari and Muslim. Literally:

“The child belongs to the bed.”

THE PROHIBITION OF DENYING PATERNITY

It is not permissible for the husband to deny his paternity of any child born to his wife as long as they are married to each other such a denial would bring the ugliest shame imaginable upon both the wife and the child. He is, therefore, not allowed to take such a step on the basis of a mere suspicion, a sudden notion, or an evil rumor. If, however, on the basis of evidence which has come to his attention, he is convinced that his wife has betrayed him, the shariah of Islam has no desire to force him to raise a child whom be believers not to be his own or to let the child be his heir, or-at the very least-to allow him to suffer from suspicion and doubt the rest of his life.

A way out of this dilemma, know in Islamic jurisprudence as li’an, is provided by the shari’ah, if a man is convinced or strongly suspects, although without having proof, that his wife has had sexual relations with another man and it carrying his child, he can take the case to a Muslim judge (qadi). The judge will ask the man and his wife to invoke the curse of Allah on one another in the manner prescribed in surah Al-Nur.

As for those who accuse their wives but have no witnesses except themselves, the testimony of one of them shall consist of bearing witness by Allah four times that he is of the truthful, and a fifth (time) that the curse of Allah be upon him if he is one of those who lie. And it shall avert the punishment from her if she bear witness by Allah four times that he is indeed of those who lie, and a fifth ()time that the wrath of Allah be upon her if he is among the truthful. (24:6-9)

After this the two shall be separated permanently, and the child shall be identified by the name of his or her mother.

THE PROHIBITION OF LEGAL ADOPTION

Just as it is haram for a man to deny his paternity of a child born to his wife in wedlock, it is likewise haram for him to legally adopt a son of whom he is not the natural father like peoples of other societies during the course of history, the Arabs of jahiliyyah used to add anyone they wished to their lineage and family through adoption. A man would adopt (tabanna, “to make one’s son”) and boy of his liking as son (mutabanna), announce the fact to the public, and the boy would become like a son to him, sharing the responsibilities and rights of his adopted family and taking its name. The adoption was effective despite the fact that the adopted son might have a know father and come from a known lineage

This practice was widespread in Arab society at the advent of Islam. Before receiving the call to prophet hood, the prophet (Peace be on him) had himself adopted Zaid bin Harithah, who had been captured as a child during one of the raids on his tribe which were common occurrences during the period of jahiliyyah. Hakim bin Hizam had bought him for his aunt khadijah, and after her marriage to the prophet (Peace be on him), khadijah presented Zaid to him. When Zaid’s father and uncle learned his place of residence, they came to the prophet (peace be on him) to demand’s zaid’s return. The prophet (peace be on him) gave zaid a choice, and he chose to stay with the prophet (peace be on him) in preference to his father and uncle. The prophet (peace be on him) then set him free and adopted him as his son in the presence of others. He was there after called zaid ibn Muhammad and become the first of the freed slaves to accept Islam.

Now what is the judgment of Islam concerning such a system of adoption? Islam rightly views this sort of adoption as a falsification of the natural order and of reality. Taking a stranger in to the family as one of its members and allowing him privacy with women who are not his muharramat, nor he theirs, is a deception, for the man’s wife is not the adopted son’s mother, nor is his daughter the boy’s sister nor is his sister his aunt, since all of them are non-mahram to him. Moreover, the adopted son acquires a claim on the inheritance of the man and his wife, depriving the rightful, deserving relatives of otheir inheritances. Such a situation arouses the anger of the real relative against the intruder who encroaches upon them and lisurps their rights, depriving them of their full inheritance. (Since the Islamic shari’ah specifies the share of an individual’s property to which each near blood relatives is entitled; the legal adoption of a child who is not among such relatives, but, who, by virtue of adoption, is one of the heirs would naturally create bitterness and hostility among the rightful heirs). Frequently such anger leads to quarrels and to the breaking of relations among relatives. That is why the Qur’an abolished this jahili system, prohibiting it totally and eradicating all its consequences says Allah (S W A).

----Nor has he made your adopted sons your (real) son; that is simply a saying of your mouths. But Allah speaks the truth, and he guides you to the (right way). Call them by (the names of) their fathers; that is more just in the sight of Allah. But if you do not know their fathers, they are your brothers-in-faith and your wards-(33:4-5)

Let us ponder the Qur’anic word, “He has not made your adopted sons your (real) son; that is simply a saying of your mouths.” This signifies that the declaration of adoption consists of words having no corresponding objective realities, alter facts, or make a stranger a relative, or an adopted individual a son. A mere verbal expression or figure of speech cannot make the blood of a man run in the veins of the adopted son, produce feelings of fatherly affection in the man’s heart or filial emotions in the heart of the boy, or transfer either the genetic characteristics or physical, mental, or psychological traits.

Islam abolished all the effects of this system of adoption which relate to inheritance and to prohibition of marriage to the widowed or divorce wife of the adopted son. In matters of inheritance, the Qur’an does not recognize any claim except those based on relationship through blood and marriage

----But blood relatives are nearer to each other in the ordinance of Allah--- (8:75)

With regard to marriage, the Qur’an declared that only the wives of one’s real son’s, “the wives of your sons who are from your (own) lions” (4:23), not the wives of the adopted sons, are permanently forbidden in marriage. Accordingly, it is permissible for a man to marry the divorced wife of his adopted son, since she has been, in actuality, the wife of a “stranger” not related by blood.

A PRACTICAL EXAMPLE OF THE ABOLUTION OF LEGAL ADOPTION

The practice of adopting sons was very deeply rooted in the society of pre-Islamic Arabia, and it was not easy for people to give it up. But Allah (S W A) wanted to eradicate it and its effects, not only by words but also by deeds. In order that all doubts concerning the matter might be dispelled, that ex-wives of their adopted sons, and, more importantly, that they might know with certainty that the halal is that which is permitted by Allah and that the haram is that which is forbidden by him alone, Allah (S W A) chose the prophet (Peace be on him) himself for this important task.

Now zaid bin Haithah, who was known as Zaid ibn Muhammad, had married the prophet’s cousin, zainab bint zahsh, zaid and zainab were not happy together, and zaid became increasingly dissatisfied with his wife, complaining frequently to the prophet (Peace be on him). Although the prophet (Peace be on him) knew, through divine revelation, that zaid would divorce zainab and that he would after wards marry her himself, human weakness occasionally overcame him, and he was afraid of facing the people. Thus, whenever zaid complained to him about his wife, the prophet (Peace be on him) would tell him, ’Hold on to your wife and fear Allah.”

At that point Allah (S W A) revealed some verses of the Qur’an admonishing the prophet (Peace be on him) and at the same time fortifying his will to face society in demolishing the remnants of this ancient system, in this case, the established practice which prohibited a man from marrying the ex-wife of a stranger who had been adopted as a son. Says Allah (S W A)

And when thou didst say to him had received the favor of Allah and thy favor,” Retain thy wife and fear Allah, ‘thou didst hide within thyself what Allah was about to make manifest, fearing the people; but Allah has more right than thou shouldst fear him. Then when zaid had carried out the necessary formality (of divorce) from her, we gave her to thee in marriage so that (in the future) there might be on difficulty for the believers with respect to (marriage) the wives of their adopted sons when the latter have carried out the necessary formality (of divorce) from them; and Allah’s command must be fulfilled. (33:37)

The Qur’an goes on to support the prophet (Peace be on him) in this action, confirming its lawfulness and removing any stigma attactied to it

There is no fault in the prophet in what Allah has made obligatory for him. That was Allah’s practice with those of old who passed away, and the command of Allah is a decree determined-those who delivered the messages of Allah and feared him, fearing none but Allah; and Allah suffices in keeping account. Mahammad is not the father of any man among you, but he is the messenger of Allah and the seal of the prophet; and Allah is the knower of all things (33:38-40).

ADOPTING A CHILD TO REAR AND TO EDUCATE

As explained above, the type of adoption which has been abolished by Islam is that kind which makes a boy a member of the family, with all the rights of inheritance, the permissibility of marriage and so on.

But the word ”adoption” is also used in another sense, one which is not prohibited by Islam-that is, when a man brings home an orphan or a foundling to rear, to educate, and to treat as his own child; he protects, feeds, clothes, teaches, and loves the child as his own. However, he does not attribute the child to himself, nor does he give him the rights which the shari’ah reserves for natural children. This is a meritorious act in Allah’s religion, and the man who does it will be rewarded by being admitted to paradise. Said the prophet (peace be on him)

“I, and the one who raises an orphan, will be like those two in the garden”.

And he pointed to his middle and index fingers with a slight gap between the two.

If a man has no children of his own, and he wishes to benefit such a child from his wealth he may give him whatever he wants during his time and may also bequeath to him up to one-third of his inheritance before his death.

ARTIFICIAL INSEMINATION

Islam safeguards lineage by prohibiting zina and legal adoption, thus keeping the family line unambiguously defined without any foreign element entering in to it. It likewise prohibits what is known as artificial insemination if the donor of the semen is other than the husband. In such a case, as the well-known professor, sheikh shltut says

It is a despicable crime and a major sin, to be classified in the same category as adultery, both (adultery and artificial insemination by anyone other than the husband) are similar in nature and in effects; that is, in both cases the tillage which belongs exclusively to the husband is intentionally inseminated by a stranger. Had the form of this crime not been of a lesser degree, such insemination would have been punishable by the same (Hadd) punishment as is prescribed for adultery in the divinely revealed shari’ah (Qur’an).

There is, however, no doubt that insemination by a donor other than the husband is a more serious crime and detestable offense than adoption, for the child born of (such) insemination incorporates in itself the result of adoption-the introduction of an alien element in to the lineage- in conjunction with the offense of adultery, which is abhorrent both to the divinely revealed laws and to upright human nature. By this action the human being is degraded to the level of an animal, which has no consciousness of the noble bonds (of morality and lineage) which exist among the members of a human society.

Al-fatwa (Islamic legal Decision), by sheikh shaltul page 300.

ATTRIBUTING THE CHILD TO A MAN OTHER THAN THE CHILD’S FATHER

Just as Islam prohibits a father to deny paternity of his own child without a justifiable reason, it likewise forbids the child to claim a lineage other than his own, or to claim as father someone who is not his real father. The prophet (Peace be on him) listed this practice among the abominable evils deserving the curse of both the creator and his creatures. Once ‘Ali, speaking from the pulpit, real from some pages on which he had written various ahadith. One of the prophet’s statements was the following

The one who claims descent from someone other than his (real) father, and the slave who attaches himself to someone other than his (real) master, are cursed by Allah, his angels, and the people. Allah will accept neither repentance nor ranson from such a person on the Day of Resurrection

Reported by Al-Bukhari and Muslim

And sa’d bin Abi waqqas narrated that the prophet (Peace be on him)

If someone claims a person as his father with the knowledge that he is not his father, the garden will be forbidden to him

Reported by Al-Bukhari and Muslim

DO NOT KILL YOUR CHILDREN

After safeguarding the lineage in this manner, Islam imposed certain mutual rights, which proceed naturally from the parent-child relationship, upon children and parents, making certain things haram for them in order to protect these rights.

The child has a right to life. Neither the father nor the mother have the right to take the life of the child, whether a boy or a girl, by killing it or burying it alive, as was done by some; Arabs of jahiliyyah says Allah (S W A)

And do not kill your children out of fear of poverty; we shall provide for them and for you. Truly, the killing of them is a great sin (17:31)

---When the female child who was buried alive is asked for what crime she was killed. (81:8-9)

Whatever the motive for this crime may be, whether economical, such as fear of poverty and lack of provision, or non-economic, such as fear of disgrace in the case of a daughter, Islam absolutely prohibits this savage act which is nothing but pre-meditated murder and the oppression of a feeble, helpless human being. That is why, when the prophet (Peace be on him) was asked, “what is the greatest sin?” he replied,

“To ascribe divinity to someone other than Allah, when he is the one who created you” What next? He was asked. ‘To kill your child out of fear that it will share your food, he replied.

Reported by Al-Bukhari and Muslim

The prophet (Peace be on him) took an oath of allegiance from both men and woman at the time of their accepting Islam. This oath of allegiance included the condition that they would not kill their children and would consider it an absolutely prohibited crime:

That they will not steal nor commit zina or kill their children---- (60:12)

It is the right of a child in relation to its parents that they should give it a good name, not one which will cause it embarrassment when it grows older. It is haram to give a name which denotes a slave or worshipper of someone other than Allah, as for example; Abd, Al-Nabi, Abd Al-Masih, and the like.

A child has a right to sustenance, education, and proper care. The parents are not permitted to neglect the child’s needs or to abuse it.

The prophet (Peace be on him) said:

“Each one of you is a care taker (ra’iy) and is responsible for those under his care”.

Reported by Al-Bukhari and Muslim

“Wasting the sustenance of his dependents is sufficient sin for a man”.

Reported by Abu Daoud, Al-Nasai and Al-Hakim

“Allah will ask every caretaker (ra’iy) about the people under his care, and the man will be asked concerning the people his household”.

Reported by Ahmad, Al-Nisai and Abu Daoud

EQUAL TREATMENT OF CHILDREN

It is obligatory for a father to treat all his children equally, especially in the matter of giving gifts. Accordingly, he is prohibited from bestowing more favors on some of his children than on others without any necessity or valid reason, since this will produce jealously and may even arouse enmity and hatred among them. This applies equally to the mother. The prophet (Peace be on him) said,

“Do justice among your son’s and repeated it thrice”

Reported by Muslim, Ahmad, and Abu Daoud.

The story behind this hadith is that the wife of Bashir bin sa;d Al-ansari requested her husband to give a gift of a garden or a slave to her son, al-Nu’man bin Bashir. She asked Bashir to go to the prophet (Peace be on him) and request him to be a witness Bashir went to him, saying, “The daughter of such and such-meaning his wife-has asked me to give a slave to her son”. “Does he have brothers?” the prophet (peace be on him) asked. “yes,” he replied. “Did you give the same to each of them? ” Inquired the prophet (Peace be on him) “No”, said Bashir. The prophet (Peace be on him) then said,

“This is not correct, and I can never bear witness to other than what is justice.”

Reported by Imam in his sahih Ibn Habban

Some other ahadith in this regard are as follows

“Do not ask me to be a witness to injustice. Your children have the right of receiving equal treatment, as you have the right that they should honor you.”

Reported by Abu Daoud

“Fear Allah and treat your children with equal justice”

Reported by Al-Bukhari and Muslim

Imam Ahmad bin Hambal said that preferential treatment of a child is permitted if he or she is handicapped while others are not.

In his book Al-mughni, vol 5 p, 605, it is stated that special treatment of a child is permissible due to a need, a handicap, blindness, his or her being from a large family, being engaged in studies, or something of the sort, as it is also permitted to withhold from a child who would spend what he is given on sinful or wicked things.

OBSERVING THE LIMITS OF ALLAH REGARDING INHERITANCE

It is haram for a father to deprive his children of inheritance, as for example, to deprive the females or the children of a wife who is not a favorite with him. Likewise, it is haram for one relative to deprive another eligible relative of his inheritance by means of a trick. It is Allah (S W A) Himself, who, out of his knowledge, wisdom and justice, has established the distribution of inheritance in order to give each eligible person his or her share, and he has commanded mankind to remain within the limits of his legislation; hence, anyone who deviates from his system in the distribution of share offends his lord.

Allah (S W A) has mentioned matters of inheritance in three verses of the Qur’an. At the end of the first verse he says,

---your fathers or your son: you do not know which of them is nearer to you in benefit. This is an obligation ordained by Allah; indeed, Allah is knower, wise (4:11)

After the second such verse he says,

Which is not injurious (to the rightful heirs): a charge from Allah and Allah knows, forbearing. Those are the limits of Allah, and whoever obeys Allah and his messenger, he will admit him to garden beneath which rivers flow, to abide there in, and that is the supreme achievement. But whoever disobeys Allah and his messenger and transgresses his limits, he will admit him to fire, to abide therein, and he shall have a humiliating punishment (4:12-14)

And at the end of the third such verse he says,

---Allah makes clear to you (his laws) so that you do not err: and Allah has knowledge of all things: (4:176)

Accordingly, whoever disobeys Allah’s laws of inheritance has deviated from the just course made plain by him, transgressing his limits, and must expect the punishment promised him

---The fire, to abide therein, and his shall be a humiliating punishment (4:14)

DISOBEDIENCE TO PARENT: A MAJOR SIN

It is the right of parent that their children should treat them with kindness, obedience, and honor. Devotion to parents is a natural instinct which must be strengthened by deliberate action. The rights of the mother are stressed the more because of her suffering during pregnancy and childbirth, her sucking of the child, her role in rearing it. In the words of Allah (S W A):

And we have enjoined on man kindness to his parents. His mother carries him in pain and she gives birth to him in pain, and (the period) of carrying him and weaning him is thirty months (46:15)

Once a man came to the prophet (peace be on him) and asked; who is most deserving of my good companionship? ‘Your mother; replied the prophet (Peace be on him). ‘Who next? The man asked. ‘Your mother, ‘replied the prophet (peace be on him), ‘who next? ‘Asked the man: your father: replied the prophet (peace be on him)

Reported by Al-Bukhari and Muslim

The prophet (Peace be on him) declared disobedience to parents to be a major sin, second only to ascribing partners to Allah, as has been stated in the Qur’an. Al-Buhkari and Muslim report his saying.

“Shall I not inform you about the three major sins?” Those who were present replied, ‘yes, O messenger of Allah! He said associating partners with Allah and disobedience to parents; and sitting up from the reclining position, he continued; and telling lies and false testimony: beware of it

He also said

“There persons shall not enter the garden: the one who is disobedient to his parents, the pimp, and the woman who imitates men”

Reported by Al-Nisa’I and Al-Hakims

And

“Allah defers (the punishment of) all sins to the Day of Resurrection excepting disobedience to parents, for which Allah punishes the sinner in this life before his death”.

Reported by Al-Hakim

Moreover, Islam emphasizes treating parents kindly, especially when they grow old. As their strength fails, they require more attention and care, and more consideration of their even more sensitive feelings. Concerning this the Qur’an says,

“Thy Lord hath decreed that you worship none but him and that you be kind to parents if one or both of than attain old age with thee, or repulse them, but speak to them in gracious words and in mercy lower to them in gracious words and in mercy lower to them the wing of humility and say, My Lord, bestow they mercy on them, as they cherished me when I was little--- (17:23-24)”

INSULTING PARENTS: A MAJOR SIN

In addition to the foregoing, the prophet (peace be on him) not only prohibited insulting or cursing one’s parents but declared it to be a major sin. He said

‘Among the major sins is a man’s cursing him parent. The people who were present wondered how a sane and believing individual could curse his own parents, and enquired, ’How is it possible for a man to curse his own parents? The prophet (peace be on him) replied, ‘He insults another man’s fathers, and then other insults his father, and he inslts the others mother, and the other returns the insult to his mother:

Reported by Al-Bukhari and Muslim

THE PARENT’S CONSENT FOR JAHAD

Pleasing one’s parents is considered so important in Islam that the son is forbidden to volunteer for jahad without his parent’s permission, in spite of the fact that fighting in the cause of Allah (jihad fisabeel Allah) has such great merit in Islam that the merit of a person who spends his nights in prayer and his days in fasting falls short of it.

Narrated ‘Abdullah bin ‘Amr Al-as

A man came to the prophet (Peace be on him) and asked him permission to go for jihad. The prophet (Peace be on him) asked, ‘Are your parents living? ‘yas, ‘he replied. The prophet (peace be on him) than said, ‘then strive in their service’.

Meaning that taking care of parents is a greater obligation than jihad in the cause of Allah

Reported by Al-Bukhari and Muslim

Abdullah also narrated,

A man came to the prophet (peace be on him) and said, ‘I take the oath of allegiance to you for hijrah (emigration to medinah) and jihad, seeking reward from Allah! The prophet (peace be on him) enquired whether either of his parents were living on his replying that both of them were, the prophet (peace be on him) said, ‘Are you (really) seeking reward from Allah? ‘yes, ‘the man said. The prophet (peace be on him) then said, ‘go back to your parents and be a good companion to them.

Reported by Muslim

Abdullah further narrated,

A man came to the prophet (peace be on him) and said, ‘I have come to swear allegiance to you for hijrah, and I have left my parents weeping’ .The prophet (peace be on him) said to him, ‘Return to them and make them laugh as you made them weep

Reported by Al-Bukhari and others

Abu sa’id reported that

A man from yemen migrated to madinah to be with the prophet (peace be on him). The prophet (peace be on him) asked him, ‘do you have any relatives in yemen? He answered, ‘my parent, ‘Did you get their permission? The prophet (peace be on him) asked. On his replying that he did not, the prophet (peace be on him) told him, ‘Go back to them and ask their permission. If they agree to it, go on jihad. Otherwise stay and serve them

Reported by Abu Daoud.

NON-MUSLIM PARENTS

It is one of the beauties of Islam that, with respect to the treatment of parents, it forbids the Muslim to be disrespectful to them even if they should be non-Muslim who are fanatical to the point of arguing with him and putting pressure on him to renounce Islam. Allah (S W A) says.

--- Be grateful to me and to thy parents: to me is (the final) goal. But if they strive to compel these to associate with me that of which thou hast no knowledge, do not obey them, but keep company with them in this life in a kind manner and follow the way of those who turn to me. Them to me, will be your return and I will inform you (of the meaning of) all that you did (31:14-15)

In these two verses the Muslim is commanded not to obey his parents in what they try to tell him to do in his regard, since there cannot be obedience to a creature in sin against the creator-and what sin could be greater than associating partners with Allah? At the same time, he is commanded to treat them honorably in this path of those righteous believers who turn to Allah and to leave the judgment between himself and his parents to the most just of judges, on a Day when the parents will not be able to benefit the child nor the child the parent. Indeed, such tolerant and beneficent teachings are not to be found in any other religion

The Halal and the Haram in Marriage and Family Life

envisioning the next 50 years