Islam in Focus | CHAPTER - 4 | 183
(175-205)

To paraphrase some Qur’anic verses, the call is addressed to mankind 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 for men, of themselves, mates to seek in their company peace and tranquillity, and has set between them mutual love and mercy. Surely, in that are signs for those who contemplate (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. In fact, the least focal aspect of marriage in Islam is the economic factor, no matter how powerful this may be. The Prophet is reported to have said that a woman is ordinarily sought as wife for her wealth, for her beauty, for the nobility of her 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 thought 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 of 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.

The Permanence 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 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. (We are aware of the complex and intricate arguments used by some Sheea Muslims as regards the so – called mut’ ah marriage.

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