Case Study of Puan Hajjah Faiza Bawumi Essay

The family a social institution is the most fundamental of all social groups and it is universal in its distribution from time immemorial. It is fundamental and persistent social group, a basic social institution at the very care of society. The values institutionalized in the family have long been regarded as important enough to warrant strong measures against any behavior that violated them. Not only has the family been defined as fundamental to the existence of society, but it has been viewed as a source of morality and decent content. It has also been defined as a primary force for controlling behavior and civilizing of human. The family is a group defined by a sex relationship sufficiently precise and enduring to provide for the procreation and upbringing of children. It may include collateral or subsidiary relationship, but it is constituted by the living together of mates forming with their offspring a distinctive unity. This unit has certain common characteristics everywhere in human society. The following are the five significant characteristics seen essential to the very nature of the family that may be met in extremely a ways. †¢ A mating relationship †¢ A form of marriage or other institutional arrangement in accordance with which the mating relation is established and maintained. †¢ A system of nomenclature, involving also a mode of reckoning descent. †¢ Some economic provision shared by the members of the group but having especial reference to the economic needs associated with child bearing a child rearing and generally, †¢ A common habitation, home or household. In Islam, contraception is mainly addressed in the context of marriage and family. As a social system, culture, and civilization, Islam considers the family the basic unit of society. The Quran, Islam’s holy book and the primary source of Islamic law or Shariah, views marriage as sacred and identifies the husband and wife as the principals of family formation. The Quran has a number of references to marriage, including the following: [pic] It is He who created you from single soul andtherefrom did make his mate, that he might dwell in tranquility with her. (7 :189) And God has made for you mates from yourselvesand made for you out of them, children and grandchildren.(16:72) These verses suggest that tranquility is an important purpose of family life and is achieved through marriage. Also, while procreation is expected in marriage to maintain the human race,sexual relations in marriage need not always be for the purpose of having children. On this point, Islam departs from some other religions where procreation is the exclusive purpose of sexual relations. From the Islamic point of view, when procreation takes place, it should support and endorse tranquility rather than disrupt it. Thus, contraception helps families achieve tranquility by having children when they want them and when they are prepared to have them. Because of the importance of family in Muslim societies, legal scholars from various Islamic schools of jurisprudence and from various locales have given considerable attention to contraception. MUSLIM FAMILY THE STRUCTURE OF MUSLIM FAMILY There have been many definitions and descriptions of the family. For our purpose, we shall adopt the following simplified definition. The family is a human social group whose members are bound together by the bond of blood ties and/or marital relationship. The family bond entails mutual expectations of rights and obligations that are prescribed by religion, enforced by law, and observed by the group of members. Accordingly, the family members share certain mutual commitments. These pertain to identity and provision, inheritance and counsel, affection for the young and security for the aged, and maximization of effort to ensure continuity of the family. As can be clearly seen from the above definition, the foundation of the family in Islam is blood ties and/or marital commitments. Adoption, mutual alliance, clientage, private consent to sexual intimacy, and ‘common law’ or ‘trial’ marriages do not institute a family in the Islamic sense. Islam builds the family on solid grounds that are capable of providing reasonable continuity, true security, and mature intimacy. The foundations of the family have to be so firm and natural as to nurture sincere reciprocity and moral gratification. Islam recognizes that there is no more natural relationship than that of blood, and no more wholesome pattern of sexual intimacy than one in which morality and gratification are joined. Islam recognizes the religious virtue, the social necessity, and the moral advantages of marriage. The normal course of behavior for the Muslim individual is to be family-oriented and to seek a family of one’s own. Marriage and family are central in the Islamic system. There are many passages in the Qur’an and statements by the Prophet which go as far as to say that when a Muslim marries, he has thereby perfected half his religion; so let him be God-minded and careful of his ‘other half’. Muslim scholars have interpreted the Qur’an to mean that marriage is a religious duty, a moral safeguard, and a social commitment. As a religious duty, it must be fulfilled; but like all other duties in Islam, it is enjoined only upon those who are capable of meeting the responsibilities involved. 1. The Meaning of Marriage Whatever meaning people assign to marriage, Islam views it as a strong bond, a challenging commitment in the fullest sense of the word. It is a commitment to life itself, to society, and to the dignified, meaningful survival of the human race. It is a commitment that married couples make to one another as well as to God. It is a kind of commitment in which they find mutual fulfillment and self-realization, love and peace, compassion and serenity, comfort and hope. All this is because marriage in Islam is regarded first and foremost as a righteous act, an act of responsible devotion. Sexual control may be a moral triumph, reproduction a social necessity or service, and sound health a gratifying state of mind. Yet, these values and purposes of marriage take on a special meaning and are reinforced if they are intertwined with the idea of God, if they are also conceived as religious commitments, and internalized as Divine blessings. And this seems to be the focal point of marriage in Isl am. To paraphrase some Qur’anic verses, mankind are called: to be dutiful to God, Who created them from a single soul, and from it or of it created its mate, and from the two of them scattered abroad many men and women (4:1). It was God Who created mankind out of one living soul, and created of that soul a spouse so that he might find comfort and rest in her (7:107). And it is a sign of God that He has created men, of themselves, mates to seek in their company peace and tranquility, and has set between them mutual love and affection. Surely, in that are signs for those who reflect (30:21). Even at the most trying times of married life, and in the midst of legal disputes and litigation, the Qur’an reminds the parties of God’s law; it commands them to be kind to one another, truly charitable toward one another, and above all dutiful to God. It is noteworthy that the Islamic provisions of marriage apply to men and women equally. For example, if celibacy is not recommended for men, it is equally so for women. This is in recognition of the fact that women’s needs are equally legitimate and are seriously taken into consideration. In fact, Islam regards marriage to be the normal, natural course for women just as it is for men. It may even be more so for women because it assures them, among other things, of relative economic security. This significant additional advantage for women does not, however, characterize marriage as a purely economic transaction. Indeed, the most peripheral aspect of marriage in Islam is the economic aspect, no matter how persuasive it may be. The Prophet is reported to have said that a woman is ordinarily sought as a wife for her wealth, for her beauty, for the nobility of stock, or for her religious qualities; but blessed and fortunate is he who chooses his mate for piety in preference to everything else. The Qur’an commands marriage to the spouseless and the pious even though they may be poor and slaves (24:32). On the other hand, whatever dowry (marriage gifts) a man gives his prospective wife belongs to her; and whatever she may have acquired prior to or after marriage is hers alone. There is no necessary community of property between husbands and wives. Furthermore, it is the husband who is responsible for the maintenance and economic security of the family. He must even provide the wife with the kind of help and service to which she was used before marriage, and, according to some scholars, she is under no legal obligation to do the routine housework, although she may do so, and usually does, for some reason or other, e.g. cooperation, economy, etc. 2. The Performance of Marriage Because Islam considers marriage a very serious commitment, it has prescribed certain measures to make the marital bond as permanent as humanly possible. The parties must strive to meet the conditions of proper age, general compatibility, reasonable dowry, good will, 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 any casual or temporary designations. For this reason, trial marriages, term marriages, and all marriages that appear to be experimental, casual, or temporary, are forbidden in Islam. In one of his statements, the Prophet condemned the men and women who relish frequent change of partners, that is, the ‘tasters’, saying: ‘Allah does not like the tasters [i.e. men and women who enjoy changing partners after short-lived marriages].’ However, to insist on the permanent character of marriage does not mean that the marital contract is absolutely indissoluble. Muslims are designated by the Qur’an as a middle nation and Islam is truly a religion of the ‘golden mean’, a well-balanced and well-integrated system. This is particularly clear in the case of marriage which Islam regards as neither a sacrament nor a simple civil contract. Rather, marriage in Islam is something unique with very special features of both sacramental and contractual nature. It is equally true that the alternative to the extreme of casual or temporary marriage is not the other extreme of absolute indissolubility of the marital contract. The Islamic course is one of equitable and realistic moderation. The marriage contract should be taken as a serious, permanent bond. But it does not work well for any valid reason; it may be terminated in kindness and honor, with equity and peace. 3. The Husband-Wife Relationship With piety as the basis of spouse selection, and with the earnest satisfaction of the conditions of marriage, the parties should be well on the way to a happy and fulfilling married life. However, Islam goes much further than this in setting the course of behavior for husbands and wives. Many are the statements of the Qur’an and the Sunnah that prescribe kindness and equity, compassion and love, sympathy and consideration, patience and good will. In a part of a hadith the Prophet goes as far as to declare that the best Muslim is the one who is best to his family. In another hadith he states that the greatest, most blessed joy in life is a good, righteous wife. The consummation of marriage creates new roles for the parties concerned. Each role is a set of equitable, proportionate rights and obligations. The role of the husband revolves around the moral principle that it is his solemn duty to God to treat his wife with kindness, honor, and patience; to keep her honorably or free her from the marital bond honorably; and to cause her no harm or grief (Qur’an, 2:229-32; 4:19). The role of the wife is summarized in the verse that women have rights even as they have duties, according to what is equitable; but men have a degree over them (2:228). This degree is usually interpreted by Muslim scholars in conjunction with another passage which states, among other things, that men are trustees, guardians, and protectors of women because God has made some of them excel others and because men expend of their means (Qur’an, 4:34). It may be likened to what sociologist call ‘instrumental leadership’ or external authority in the household due to the division of labor and role differentiation. It does not, however, mean any categorical discrimination or superiority of one sex to the other. a. The wife’s rights: the husband’s obligations. Translated into rules of behavior, these ethical principles allocate to the wife certain rights and corresponding obligations. Because the Qur’an and the Sunnah of the Prophet have commanded kindness to women, it is the husband’s duty to consort with his wife in an equitable and kind manner. One specific consequence of this Divine command is his responsibility for the full maintenance of the wife, a duty which he must discharge cheerfully, without reproach, injury, or condescension. Components of maintenance: Maintenance entails the wife’s incontestable right to lodging, clothing, sustenance, and general care and wellbeing. The wife’s residence must be adequate so as to provide her with 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, in accordance with his means and her style of life. These rights are to be exercised without either extravagance or miserliness. Nonmaterial rights: The wife’s material rights are not her only assurances and securities. She has other rights of moral nature; and they are equally binding and specific. A husband is commanded by the law of God to treat his wife with equity, to respect her feelings, and to show her kindness and consideration. She is not to be shown any aversion by the husband or subjected to suspense and uncertainty. A corollary of this rule is that no man is allowed to keep his wife with the intention of inflicting harm on her or hindering her freedom. If he has not love or sympathy for her, she has the right to demand freedom from the marital bond, and no one may stand in her way to a new life. b. The wife’s obligations: the husband’s rights. The main obligation of the wife as a partner in a marital relationship is to contribute to the success and happiness of the marriage as much as possible. She must be attentive to the comfort and wellbeing of her mate. She may neither offend him nor hurt his feelings. Perhaps nothing can illustrate the point better than the Qur’anic statement which describes the righteous people as those who pray, â€Å"Our Lord! Grant unto us wives and offspring who will be the joy and the comfort of our eyes, and guide us to be models of righteousness (Qur’an, 25:74).† This is the basis on which all the wife’s obligations rest and from which they flow. To fulfill this basic obligation, the wife must be faithful, trustworthy, and honest. More specifically, she must not deceive her husband by deliberately avoiding conception lest it deprive him of legitimate progeny. Not must she allow any other person to have access to that which is exclusively the husband’s right, i.e. sexual intimacy. A corollary of this is that she must not receive or entertain strange males in her home without his knowledge and consent. Nor may she accept their gifts without his approval. This is probably meant to avoid jealousy, suspicion, gossip, etc., and also to maintain the integrity of all parties concerned. The husband’s possessions are his trust. If she has access to any portion thereof, of if she is entrusted with any fund, she must discharge her duty wisely and thriftily. She may not lend or dispose of any of his belongings without his permission. With respect to intimacy, the wife is to make her desirable; to be attractive, responsive, and cooperative. A wife may not deny herself to her husband, for the Qur’an speaks of them as a comfort to each other. Due consideration is, of course, given to health and decency. Moreover, the wife is not permitted to do anything that may render her companionship less desirable or less gratifying. If she does any such thing or neglects herself, the husband has the right to interfere with her freedom to rectify the situation. To ensure maximum self-fulfillment for both partners, he is not permitted to do anything on his part that may impede here gratification.