Abdul M. Lantong

Tebliği Buradan İzleyebilirsiniz.

 

PROTECTING BANGSAMORO FAMILY RIGHTS IN THE LIGHT OF ISLAMIC FAMILY LAW IN THE PHILIPPINES

Abdul M. Lantong[1]

 

Abstract:

The world community, through the Universal Declaration on Human Rights, adopted by the United Nations, recognized the need for protecting the family institution, declaring among others that, “the family is the natural and fundamental group unit of society and is entitled to protection by society and the state. In spite of this declaration, the family institution remains under the threat of the continuous breakdown of family in the western society. For this reason, this paper wants to examine the Islamic approach in protecting Bangsamoro family institution in the light of Islamic family law or the Code of Muslim Personal Laws of the Philippines. Using a content analysis method of study, the present researcher analyses the relevance of the provisions of the code in protecting family rights as enshrined in Islamic law. The study has found out that the shari’ah-based approach in protecting Muslim family, that is based on its intent to the ordering of relations between male and female sexes, is relevant. This approach has adequately safeguarded the Muslim family rights, which the Universal Declaration on Human Rights wants since several decades ago.

Keywords: Family rights, Marriage, Bangsamoro Muslims, Southern Philippines, Shari’ah

Özet:

Birleşmiş Milletler tarafından kabul edilen Evrensel İnsan Hakları Deklarasyonu yoluyla dünya topluluğu, “aile toplumun doğal ve temel grup birimidir; toplum ve devlet. Bu bildirime rağmen, aile kurumu, ailenin batı toplumundaki çöküşü tehdidi altında kalmaktadır. Bu nedenle, bu makale Bangsamoro aile kurumunun İslam aile hukuku veya Filipinler’in Müslüman Kişisel Hukuku Kanunu ışığında korunmasında İslami yaklaşımı incelemek istiyor. İçerik araştırması yöntemini kullanarak, mevcut araştırmacı İslam yasalarında yer alan aile haklarının korunmasındaki kod hükümlerinin uygunluğunu analiz eder. Çalışma, erkek ve kadın cinsiyetler arasındaki ilişkilerin sıralanmasına yönelik niyetine dayanan Müslüman ailenin korunmasında şeriat temelli yaklaşımın konuyla ilgili olduğunu ortaya koymuştur. Bu yaklaşım, İnsan Hakları Evrensel Deklarasyonunun on yıllardan beri istediği Müslüman aile haklarını yeterince korumuştur.

Anahtar Kelimeler: Aile hakları, Evlilik, Bangsamoro Müslümanlar, Güney Filipinler, Şeriat


INTRODUCTION

A serious study on how to protect the Bangsamoro family from the danger of "…the steady but a continuing breakdown of the essential structures of civil society – marriage, family, and community”[2]- in the western influenced society is timely and called for endeavor. Although the Bangsamoro Muslim family in the Philippines, as long as they abide with the Islamic family law, is not as severely affected as that of the Christian family, the Muslims still need to examine the Islamic law to find a protective mechanism to safeguard the integrity of Bangsamoro family for they live side by side with the Christian Filipinos, who, according to Cardinal Quebedo- one of the leading authorities of the Catholic Church in the Philippines- are facing the danger of breakdown of the family institution as demonstrated by what he has rightly observed that "many Catholics live together without the benefit of a Church marriage, pre-marital pregnancy and elopement are sadly common, forced separation of a husband from his wife or of both from their children due to overseas work."[3]

 

Quebedo attributed this alarming situation to “…the infidelities of some public officials and media personalities that cause grave scandal and at the same time lead to a lowering of the esteem for marital fidelity, eroticism in…the form of various levels of pornography, which is also weakening the marriage bond as well as the sense of the sacredness of the gift of sexuality and; finally, the so-called modern ideas from supposedly developed countries penetrate our culture through mass media and insidiously deform family values and degrade our traditional esteem for marriage, family, and human life.”[4]

 

Cognizant of the importance of protecting family, the Universal Declaration on Human Rights, adopted by the United Nations, declared among others, that “the family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”[5]  This paper is an attempt to examine the Islamic Shari’ah-based approach to protect the family institution. The present writer asserts that Islamic family law provides ample protective mechanism to safeguard the institution of the family.

THEORETICAL CONSIDERATION

The present writer used the theory of Maqasid al-Shari’ah about the protection of the family as a basis of analysis. According to this theory, one of the higher intents of shari’ah is the ordering of relations between the sexes. This theory argues that all laws, except for the libertine ideas, are not contented to leave relations between the sexes to natural impulses alone as is the case with dumb beasts and animals. Instead, such laws have been keen to confine relations between the sexes within a single, organized framework, namely, that of marriage, and have established detailed rulings relating to it, elucidating the rights and responsibilities of all parties to this relationship.

            To achieve this intent of Shari’ah, the Islamic law instituted a number of legal rulings, including those which encourage marriage, sanction polygamy and divorce (with their associated conditions), enjoin the avoidance of relations outside marriage, whether in the form of adultery or sexual perversion, close off the paths to temptation by means of chastity and the wearing of hijab, prohibit a man and woman to be alone together.[6] The writer argues that this approach in protecting family institution is not only relevant, but the appropriate one and modern Muslims are in need of it.

 

 

 

PROTECTING BANGSAMORO FAMILY IN THE LIGHT OF ISLAMIC FAMILY LAW

 

  1. Islamic Law Encourages Marriage

The Messenger of Allah (S.A.W.) neither approved monasticism nor allowed celibacy (i.e., asserting marriage to devote oneself to worship).[7] Encouraging marriage, he called upon the youth to enter into married life, saying: “O youngsters! Whosoever amongst you can afford to support a wife, should marry, for it is more (effective for) lowering the gaze and more (efficient) in protecting (chastity) of the private parts.”[8] Besides, whenever he would notice from his companions anything suggesting their inclination to celibacy and asceticism, he would restrain them from overindulgence, direct them to adopt moderation and thus restitute them to the path of Islam.[9] So, contrary to ascetic religions and other philosophies that denounce earthly pleasure, Islam encourages marriage. This is the first Islamic approach to safeguard the institution of marriage.

The value of marriage in Islam is paramount. In Islam, marriage is deemed as a means to protect morals. Islamic law recognizes that sex-urge is a natural and creative urge, but it should be satisfied through marriage because “…marriage alone provides the control mechanism for the sex-urge and acts as a safety valve for sexual morality’.[10] Also, marriage is a means to attain psychological, emotional, and spiritual companionship. The relationship in the family, between all its members, and most important of all, between the husband and wife, is not merely a functional relationship. It is a spiritual relationship and sustains and generates love, kindness, mercy, compassion, confidence, self-sacrifice, solace, and assistance.’[11] Furthermore, ‘marriage is a means to widen the area of one’s relations and develop affinities between different groups of the various societies - between families, tribes, and nationalities. The Prophet (peace be upon him) has said: "Matrimonial alliances (between two families or tribes) increase friendship more than anything else." Marriage acts as a bridge between different families, tribes, and communities and has been instrumental in the absorption of diverse people into a broader affinity. Finally, it has also been indirectly suggested that marriage increases one’s sense of responsibility and induces one to make greater efforts towards building a living and improving one’s economic lot.[12] For the sake of these objectives, Islamic law encourages marriage. 

 

The Nature of Marriage

But, the kind of marriage life that Islamic law envisions is a permanent one, as much as possible. The Qur’an refers to marriage ‘Mithaqan ghaliza’ a  strong covenant.[13] Because Islam considers marriage a serious commitment, it has prescribed specific measures to make the marital bond as permanent as a human can. These requirements include verbal consent of spouses or contracting parties, the presence of a guardian, and the presence of two witnesses,[14]proper age, general compatibility, reasonable dowry, goodwill, free consent, unselfish guardianship, honorable intentions, and judicious discretion. When the parties enter into a marital contract, the intention must be clear to make the bond permanent, free from the casual and temporary designations. For this reason, trial marriages, term marriages, and all marriages that appear experimental, casual, or temporary are forbidden in Islam."[15]

Subscribing to this kind of marriage, the PD 1083 of the Philippines requires that “No marriage contract shall be perfected unless the following essential requisites are complied with:  (a) Legal capacity of the contracting parties;  (b) Mutual consent of the parties freely given; (c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent, and (d) Stipulation of customary dower (mahr) duly witnessed by two competent persons.[16] 

 

If these are abided with, trial marriage, casual, or temporary marriage, which are among the most common threats to a stable family, as identified by scholars and religious leaders among the Christian society, would be prevented. Thus, marriage would be safeguarded.

 

Rights and Obligations of Spouses

 

While Islamic prevents the easy dissolution of the marriage bond, it also defined the rights and obligations of each member of the family- the husband and wife, and children and relatives- so that the family will run smoothly and attain the objectives of its legislation. For instance, Dr. Qaradawi asserts that Islamic family law provides that, “The husband bears the responsibility of supporting his wife, paying her dowry, and furnishing a suitable dwelling place for her.” Thus, the wife has two fundamental rights: dowry and maintenance. Other scholars added emotional feelings of “kindness and graciousness, guarding her honor, forbearance, and endurance.”[17]

As a right of woman, Islamic stipulates that “a husband cannot delay giving of dowry to his wife the moment she demands it; and after its payment, he cannot take it back, even partially. On the other hand, she may, out of her free will, give up a part of it.”[18] Usually, very expensive dowry causes a woman to be deprived of the right to marry, because when men cannot afford to give dowry, they opt to marry from the women of the people of the book who do not require dowry. That is why some scholars prescribed that low dowry is better than the high one.

Nevertheless, Islamic law does not provide any specific amount of dowry. Even in the Philippines, the Islamic family law only provides that “The amount or value of dower may be fixed by the contracting parties (mahr-musamma) before, during, or after the celebration of the marriage. If the amount or the value thereof has not been so fixed, a proper dower (mahr-mithl) shall, upon petition of the wife, be determined by the court according to the social standing of the parties.”[19]  Subject to the stipulation of the parties, the dower may be fully or partially paid before, during, or after the marriage. The property or estate of the husband shall be liable for the unpaid dower, or any part thereof.[20] To ensure the dowry is given to the bride, Islamic family law in the Philippines provides that “The court may exempt the wife from living with her husband on any of the following: (a) Her dower is not satisfied in accordance with the stipulations”[21] 

With regards to wife’s right to maintenance, this “entails the wife’s incontestable right to lodging, clothing, nourishing, and general care and well-being. The wife’s residence must be adequate to provide her with a reasonable level of privacy, comfort, and independence. Foremost is the welfare of the wife and the stability of the marriage. What is true of the residence is true of clothing, food, and general care. The wife has the right to be clothed, fed, and cared for by the husband, per his means and her style of life. These rights are to be exercised without extravagance or miserliness.[22]

Again, if these laws are implemented, the problem of family fragmentation due to the wife’s working abroad would be eliminated once and for all. Women are not required to go overseas to find foods to feed her family and husband, for it is the husband who is supposed to do the job. Thus, this will prevent women from adventure in the foreign land and expose herself to temptations that might create discord among the husband and wife.

On the other hand, the obligations of a wife, which are the rights of the husband, include the following:  "The wife has to obey her husband and should not leave the house without his permission. She also has to safeguard his interests, possessions, and honor. She should not let anyone into the home without his agreement. She also has to keep ‘iddah…and a child born to her during this term would legally be the husband’s child. Also…both spouses will have rights of inheritance based on Islamic law. Both spouses also have the duty of being just to his wives in equality in case he has more than one wife.[23]

To ensure the application of these rights, the Code of Muslim Personal Law of the Philippines provides that  (1) The wife shall dutifully manage the affairs of the household. She may purchase things necessary for the maintenance of the family, and the husband shall be bound to reimburse the expenses if he has not delivered the proper sum. (2) The wife cannot, without the husband’s consent, acquire any property by gratuitous title, except her relatives who are within the prohibited degrees in marriage.  (3) The wife may, with her husband’s consent, exercise any profession or occupation or engage in lawful business which is in keeping with Islamic modesty and virtue. However, if the husband refuses to give his consent on the ground that his income is sufficient for the family according to its social standing or his opposition is based on severe and valid grounds, the matter shall be referred to the Agama Arbitration Council.  (4) The wife shall have the right to demand the satisfaction of her mahr. (5) Unless otherwise stipulated in the marriage settlements, the wife retains ownership and administration of her exclusive property.  (6) The wife shall be entitled to equal and just treatment by the husband.[24]

So, Islamic law ensures the protection of the rights of the family members. As we have seen above, the approach of Islamic law is not just lip service but also practical by translating its ideas into practice through legislation so that the state could implement them. I believe that if the law is applied correctly, the protection of family rights is not that difficult. So, issues on marriage and marital relationship only get complicated because of the failure of the state to implement the law efficiently and effectively.

  1. Islamic Law Sanctions Polygamy and Divorce

Although Islamic law is strict in its principles, it also adopts a sort of flexibility in the matters of application of its laws. For instance, Islamic law upholds to the singularity of a wife. But, in time of necessity, such as to resolve some pressing human problems, individual as well as social, Islam permits the Muslims, who can able to discharge their marital responsibilities, to marry more than one woman, but not more than four at a time.[25] To avoid abuse of this concession, Islamic law set some requirements that are to be met first before one is allowed to practice subsequent marriage. 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. Anyone who lacks the assurance that he will be able to fulfill all these obligations with justice and equality is prohibited.[26]

 

To conform to this provision of Islamic law, the Code of Muslim Personal Law of the Philippines stipulates that "Notwithstanding the rule of Islamic law permitting a Muslim to have more than one wife but one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases."[27]It further required that "Any Muslim husband desiring to contract a subsequent marriage shall, before so doing, file written notice thereof with the Clerk of Court of the Shari’a Circuit Court of the place where his family resides. Upon receipt of said notice, the Clerk shall serve a copy thereof to the wife or wives. Should any of the object, an Agama Arbitration Council be constituted following the provisions of paragraph (2) of the preceding article. If the Agama Arbitration Council fails to obtain the wife’s consent to the proposed marriage, the Court shall, subject to Article 27, decide whether or not to sustain her objection[28].

 

Although the Code of Muslim personal law in the Philippines allowed Muslim man to get more than one wife, the conditions that it required, such as seeking first the consent of a wife through the court order before he could marry an additional woman, it almost kills that right because nowadays, we can hardly find a woman consenting her husband to get another wife. So, this sounds to me in contradiction with the spirit of Shari’ah that is to cater to the interest of man and society. 

 

Similar to the ruling of subsequent marriage is the allowance of divorce in Islam. According to Abd al Ati, “The Islamic approach to this issue is that it distributed it along a continuum encompassing all the religio-legal categories from the one extreme of prescription through the other of proscription. It is obligatory, e.g., where there is no conceivable way of reconciliation or hope for peace between the parties. It is highly recommended or nearly mandatory if the wife is unfaithful or defiantly inattentive to her religious duties. It is forbidden legally and religiously during the wife’s monthly course and also during the interim in which intercourse has taken place. It is strongly undesirable or nearly banned where there is no good reason for it because it would be harmful, and Muslims are forbidden by their religion to initiate harm or inflict injury upon one another. Finally, it is lawful when there is a valid ground for it, like recurrent inconsiderateness or failure to realize the objective of marriage. Even then, it is designated by the Prophet as the most opposed, in the sight of God, of all thing; it is an act which shakes the throne of God as it were.[29] This leads us to conclude that, although Islamic law strongly discourages divorce or repudiation, it allowed divorce in times of necessity.

 

            The Code of Muslim personal laws in the Philippines regulated the process of divorce to avoid its abuse. It provided that " The husband and the wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support in accordance with this Code." However, "When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the injured party may petition the court for relief. The court may counsel the offender to comply with his or her duties, and take such measures as may be proper. The husband and the wife shall inherit from each other in accordance with this Code. The husband and the wife shall have the right to divorce in accordance with this Code.[30]

            The Code of Muslim Personal Law of the Philippines further stipulated that divorce may be effected by (a) Repudiation of the wife by the husband (talaq);  (b) Vow of continence by the husband (ila);  (c) Injurious assimilation of the wife by the husband (zihar);  (d) Acts of imprecation (li’an);  (e) Redemption by the wife (khul’);  (f) Exercise by the wife of the delegated right to repudiate (tafwld); or  (g) Judicial decree (faskh).[31] 

  1. Islamic Law Enjoins the Avoidance of Sexual Relations Outside Marriage 

In most of the westernized societies and their imitators in the Third World countries, pre-marital cohabitation has become ubiquitous; cohabitation as a substitute for marriage is increasing…This results in "sexual promiscuity…the spread of venereal diseases, the disappointment of the newly-weds in the first week after marriage because everything has been deja vu as French says it. Having been accustomed to having more than one sexual partner, this becomes a  habit which is continued even after marriage and, therefore, there is no fidelity in the Western home. The children are illegitimate in the eyes of the father because he is not their father and all this brings about emotional ruin. Indeed, this has inflicted severe damage to the integrity of the family as a social institution.[32]

To protect the family from the evils of unregulated sex, Islam strictly prohibits illicit sexual relationship, be it pre-marital sex, adultery, and fornication, by prescribing harsh punishments to them. The Qur’an says: “The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment.[33]

 

If this law is adopted, the society would have been freed from sexual promiscuity, adultery and fornication and all their evil effects. In such a society, a family institution will be healthy because there is integrity of the family as a basic unit of society.

 

  1. Sadd al-dhari’ah: Closing off the Paths to Temptation

             

While Islamic law never compromises and very harsh on extra-marital sex to protect marital rights and family integrity, it closes off the paths to temptation through chastity and the wearing of the hijab, and prohibition of a man and woman to be alone together. For instance, Islam strictly prohibits ‘free mixing between the two sexes. Among others, this measure includes: an unmarried man and woman shall not be with an unfamiliar person (non-mahram), and there should not be unnecessary contact between the two sexes. Islam also disallows the manipulation of women or making women as sexual and commercial objects by portraying them as an attraction for selling commercial products. When Islam tells its followers to cover their ‘awrah, it is seeking to protect their dignity. Doubtless, women who cover their ‘awrah are respected and safer compared to those who display parts of their body meant to be concealed from the public gaze.[34]

 

The PD 1083 does not provide provisions on hudud-related issues; hence, it does not cover the rules regarding fornication, adultery, pre-marital sex, covering awrat, and free mixing of sexes. As such, it is in this area that the PD 1083 lacks the jurisdiction to regulate family life of the Bangsamoro in the Philippines. Thus, if the PD 1083 needs to be more effective, it has to be enhanced in these areas.

 

Conclusion

 

The above discussion clearly shows that the best way to protect the Bangsamoro family is to institutionalize the Islamic approach in protecting the family. This approach is done through confining relations between the sexes within a single, organized framework, namely, that of marriage, establish detailed rulings relating to it, elucidate the rights and responsibilities of all parties to this relationship. This approach seems to be what the Universal declaration on human rights need several decades ago to protect the institutions of family and marriage from the danger of the breakdown of family and marriage in western society. Islamic law-based approach includes institution of a number of legal rulings, including those which encourage marriage, sanction polygamy and divorce (with their associated conditions), enjoin the avoidance of relations outside marriage, whether in the form of adultery or sexual perversion, close off the paths to temptation by means of chastity and the wearing of hijab, prohibit a man and woman to be alone together.

In the Philippines, the Code of Muslim Personal contained most of the provisions of Islamic law related to family. It misses some areas which are, of course, equally important if the institutions of family and marriage are meant to be protected. These areas include provision of laws that prohibit or punish commission of  adultery, fornication, and gay marriage and closing the door for temptation. For this reason, the present writer believes that the Law lacks the power to prevent the occurrence of fitnah as it has no jurisdiction to punish the commission of illicit sex, free-mixing of the opposite sex, display of awrat, exploitation of women, etc. Thus, to strengthen the Code of Muslim Personal Law in the Philippines, the present writer suggests that the parliament of the Bangsamoro Government should enact laws that may enhance its jurisdiction. Legislation should include punishment for those who are found guilty of committing extra-marital sex, unnecessary free- mixing of opposite sexes, and daring exposure of one’s awrat.

References

Abd al Ati, Hammudah. (1977). The Family Structure in Islam, (Indiana: American Trust Publication).

 

__________________. (1993). Islam in Focus, (Jeddah: Abul-Qasim Publishing House).

 

Ahmad, Khurshid, “Family Life in Islam.” http://shibircloud.com/pdf/family_life_in_islam.pdf.

Al-Qaradawi, Yusuf. (1995). The Lawful and the Prohibited in Islam, (Kuala Lumpur: Islamic Book Trust).

 

________________ (2018). Islam: An Introduction, (Selangor: Islamic Book Trust).

 

Attia, Gamal Eldin. (2007). Towards Realization of the Higher Intents of Islamic Law: Maqasid al-Shari’ah  Functional Approach, (London and Washington: The International Institute of Islamic Thought).

 

Barra, H. A., (1988). The Code of Muslim Personal Law: A Study of Islamic Law in the Philippines, (Marawi City: Mindanao State University).

 

Faruqi, Ismail, “Role of the Family in the Spread of Islam.” http://www.themodernreligion.com/family/family-spreadofislam.html

 

 

Kharofa, Ala’eddin, (2004). Islamic Family Law: A Comparative Study with Other Religions, (Selangor: International Law Book Store).

 

Kevin Andrews, Family, and Society: Symptoms of a Civilization in Crisis accessed at http://www.newsweekly.com.au/article.php?id=57122

 

Laldin, M. A. (2006). Islamic Law: An Introduction, (Kuala Lumpur: International Islamic University Malaysia).

 

Laluddin, Hayatullah, “The Contract of Marriage and Its Purposes from Islamic Perspective,” Asian Social Science; Vol. 10, No. 2; 2014, URL: http://dx.doi.org/10.5539/ass.v10n2p139.

 

Orlando B. Quevedo, O.M.I., “Saving and Strengthening the Filipino Family http://cbcponline.net/saving-and-strengthening-the-filipino-family/

 

Presidential Decree No. 1083: Code of Muslim Personal Laws of the Philippines. Available online at http://www.chanrobles.com/presidentialdecreeno1083.htm#.XKvuZ_ZuLIU

Siraj Islam Mufti, “The Family Institution in Islam,” available online at https://www.islamicity.org/6585/the-family-institution-in-islam/

 

 

[1] Chairman, Master of Arts in Islamic Studies Department, Graduate College, Cotabato City State Polytechnic College, Cotabato City, Bangsamoro Autonomous Region in Muslim Mindanao (BARRM), Philippines. Email address: abdul_lantong@ccspc.edu.ph

[2] Kevin Andrews, “Family and Society: Symptoms of a civilization in crisis” http://www.newsweekly.com.au/article.php?id=57122

[3] Orlando B. Quevedo, O.M.I., “Saving and Strengthening the Filipino Family http://cbcponline.net/saving-and-strengthening-the-filipino-family/

[4] Orlando B. Quevedo, O.M.I., “Saving and Strengthening the Filipino Family http://cbcponline.net/saving-and-strengthening-the-filipino-family/

[5] (Article 16).

[6] Gamal Eldin Attia, Towards Realization of the Higher Intents of Islamic Law: Maqasid al-Shari’ah a Functional Approach, The International Institute of Islamic Thought, London and Washington, p. 125, (2007).

[7] Yusuf al-Qaradawi, Islam: An Introduction, p.202.

[8] Narrated by Bukhari, through Ibn Mas’ud, in the Book of fasting and book of marriage.

[9] Both Bukhari and Muslim have narrated Anas reporting: A group of people came to the household of the prophet of Allah (S.A.W.) enquiring about his (manner) of worship. When they were given answers (by some of his wives), they (as if) deemed their own worship to be little. They said, "We are no comparison to the prophet of Allah; Allah has forgiven him for his previous and later wrongdoings". One of them said, "I shall keep praying all through the night." Another one said, "I shall fast forever and never break it." Another one said, "I shall dissociate myself from women and never marry".

Meanwhile, the messenger of Allah (S.A.W.) arrived and asked them, "are you the people who said such and such? By Allah (the fact is that) I am the most God-fearing amongst you, the most pious of you, yet I fast and breakfast, I pray and go to bed, and I get married. Indeed, whosoever shun my practices, are not from me" Unanimously agreed upon, as narrated in al-Lu’lu wa al-Marjan.

[10] The Qur’an says: "So marry them by permission of their folk, and give them their portion of kindness as women in wedlock so that they be honest, not debauched, nor of loose conduct." At another place the same point is stressed with reference to the man: "(It is lawful for you) to have the virtuous women of the believers and virtuous women of those who were given the Scriptures before you, when you give them their marriage portions and live with them in wedlock, with honor, not in debauchery, or free love."

[11] The Prophet (peace be upon him) has said that ‘home is the best place in the world.’ The Quran says: "And (one) of His signs is that He created for you, of yourselves, spouses that you may repose in them (and find rest and tranquility in them) ’and He has set between you love and mercy." At another place, the relationship between the spouses has been described as that between ’the body and the garment.’ "They are like a garment to you, and you are (like) a garment to them."

[12] This aspect is referred to by the Quran when it enjoins people to marry, it says: "Marry those among you who are single and (marry) your slaves, male and female, that are righteous; if they are poor, God will enrich them out of His bounty; God is All-Embracing, All-Knowing."

[13] Khurshid, Ahmad “Family Life in Islam.”  http://shibircloud.com/pdf/family_life_in_islam.pdf.

[14] Laluddin, Hayatullah, “The Contract of Marriage and Its Purposes from Islamic Perspective,” Asian Social Science; Vol. 10, No. 2; 2014, URL: http://dx.doi.org/10.5539/ass.v10n2p139.

[15] Abdalati, Hammudah, Islam in Focus, pp. 114.

[16] PD 1083, Art.  14 to 15.

[17] Al-Qaradawi, Yusuf, Introduction to Islam, pp.280-283.

[18] Allah says: "an give the women (on marriage) their dower as a gift; but if they, of their good pleasure, remit any part of it to you, take it and enjoy it with right good cheer." (4:4).

[19] Art. 20.

[20] Art.  21.

[21] PD 1083, Art.  35

[22] Abdalati, Hammudah, Islam in Focus, pp. 115-116.

[23] Ala’eddin Kharofa, Islamic Family Law: A Comparative Study with Other Religions, (Selangor: International Law Book Store, 2004), p. 31.

[24] PD 1083, Art.  36

[25] Yusuf al-Qaradawi, The Lawful and the Prohibited in Islam, (Kuala Lumpur: Islamic Book Trust, 1995), p. 190.

[26] Ibid., 191.

[27] Art.  27

[28] Art.  162

[29]  Abd al Ati, The Family Structure in Islam, pp. 219-220. 

[30] PD 1083, Art. 34

[31]  PD 1083, Section 1, Art.  45.

[32] Faruqi, Esmail R. “Role of the Family in the Spread of Islam.”

[33] Al-Qur’an, al-Nur: 2.

[34] Mohamad Akram Laldin. Islamic Law: An Introduction, International Islamic University Malaysia Kuala Lumpur, Malaysia 2006, p. 23.

 


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