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Home / Society and Reform / Family

Woman As a Wife

Dr. Jamal Badawi
Source: Gender Equity in Islam

Published On: 31/5/2014 A.D. - 1/8/1435 H.   Visited: 9076 times     



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1. Marriage in Islam is based on mutual peace, love, and compassion, not just the satisfaction of man's needs:

 “And among His Signs is that He created for you mates from among yourselves that you may well in tranquility with them and He has put live and mercy between  your (hearts); verily in that are signs for those who reflect.” (Qur'an, Surah Ar-Rum, 30:21)

 “(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and pairs among cattle: by this means does He multiply you: there is nothing whatever likes unto Him and He is the One that hears and sees (all things).” (Qur'an, Surah Ash-Shura, 42:11)

2. The female has the right to accept or reject marriage proposals. Her consent is prerequisite to the validity of the marital contract according to the Prophet’s teaching.

It follows that if by "arranged marriage" is meant marrying the girl without her consent, then such a marriage is nullifiable is she so wished.

"Ibn Abbas reported that a girl came to the Messenger of God, Muhammad, and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice ... (between accepting the marriage or invalidating it)." (Reported by Ahmad, Hadeeth no. 2469).

In another version, the girl said: "Actually I accept this marriage but I wanted to let women know that parents have no right to force a husband on them." [Reported by Ibn Majah]

3. The husband is responsible for the maintenance, protection, and overall headship of the family (qiwamah) within the framework of consultation and kindness. The mutual dependency and complementary of the roles of males and females does not mean "subservience" by either party to the other. Prophet Muhammad helped in household chores in spite of his busy schedule.

 “The mothers shall give suck to their offspring for two whole years if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be treated unfairly on account of her child nor father on account of his child. An heir shall be chargeable in the same way if they both decide on weaning by mutual consent and after due consultation there is no blame on them. If you decide on a foster-mother for your offspring there is no blame on you provided you pay (the mother) what you offered on equitable terms. But fear Allah and know that Allah sees well what you do.” (Qur'an, Surah Al-Baqarah, 2:233)

The Qur'an urges husbands to be kind and considerate to their wives even if they do not like them.

 “O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness that you may take away part of the marital gift you have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing and Allah brings about though it a great deal of good.” (Qur'an, Surah An-Nisa', 4:19)

Prophet Muhammad taught:

"I command you to be kind to women ..."

 

"The best of you is the best to his family (wife) ..."

Marital disputes are to be handled privately between the parties whenever possible, in steps (without excesses or cruelty). If disputes are not resolved then family mediation can be resorted to.

Divorce is seen as the last resort, which is permissible but not encouraged. Under no circumstances does the Qur'an encourage, allow or condone family violence or physical abuse and cruelty. The maximum allowed in extreme cases is a gentle tap that does not even leave a mark on the body while saving the marriage from collapsing.

5. Forms of marriage dissolution include mutual agreement, the husband's initiative, the wife's initiative (if part of her marital contract, court decision on the wife's initiative (for a cause), and the wife's initiative without a "cause" provided that she returns the marital gift to her husband (khul' [divestiture]).

6. Priority for custody of young children (up to the age of about seven) is given to the mother. A child later chooses between his mother and father (for custody purposes).Custody questions are to be settled in a manner that balances the interests of both parents and well-being of the child.



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