A Practical Guide to Human Rights in Islam

Haqooq ul Ibad

 

 
 Chapter 23

 Bindings on husband and wife

We were talking about example of the married life of the prophet Muhammad (pbuh) with two examples before us, one of Khadija (RA) and the other one of Aisha (RA).  We made a point that our salvation lies in following of prophet (pbuh) which is not hard.  ALLAH has made his prophets (PBUH) from among human beings, including Prophet Muhammad (pbuh), as embodiment of perfect examples for human beings.  Prophet Muhammad (pubh) held highest of this standard, as he was last of the prophets.  Since Adam (pbuh), Islam was gradually being completed for humanity and it achieved its zenith with Prophet Muhammad (pbuh).  We can now confidently say that solutions to the humanly matters can be found in Quran and Sunnah. Allah says “My favorite Deen (way of life) is Islam” and that “all the rewards are for the believers”.  Believers are the ones who believe in sovereignty of Allah and following of the prophet (pbuh).  Since we have no exception to this to be Muslims, we can have exceptions in our married lives.  How could it be that we remain Muslims but follow customs instead of following the teachings of Islam?  The sermon at the time of a Muslim marriage is in a practice in following the prophet (pbuh).  It contains three conditions.  Firstly to remain a Muslim, secondly firmness of promise made at that time and thirdly to look after the relatives.  In a way this is the manifesto of the marriage in which the first section is that the two submitters to Allah will follow His commands, as the prophet (pubh) did, and to go back on this promise would be to go back on the whole contract of marriage.  The second condition is the firmness of the promises made at the time meaning that this contract is not in vain as the marriage is consumed not only to please Allah, rather in a way is to complete the will of Allah since it is considered as half of the faith.  At this occasion the Hadith that is quoted says, “Nikkah is my tradition and whosoever disobeys this is not among us”.  The third condition is to be kind to the relatives ( sila rahmi).  We will now see how these three conditions affect our married life.  In the first condition the stipulation of remaining Muslim throughout the marriage is the essence of this contract to benefit from this relation and if any one goes back on this the marriage is nullified and either of them can go to court for divorce. 

 

The second condition is of strongly upholding the promises made and in Islam this is of utmost importance. The importance of this has been explained in another verse in Quran, which says “The purpose of marriage is not to satisfy the sexual desires, but to give birth and raise pious children”.

This objective can only be fulfilled when the couple submits and stays obedient to Allah throughout their lives. 

 

Last but not the least is the matter of being kind to your relatives regarding which the prophet (pbuh) says, “One who is unkind to relatives and break relations with them will not enter paradise”.  The question to ponder is that why this was made a stipulation to marriage as the relations are being made in the marriage and not broken.  The reason is that there is a danger of relations broken after marriage such as neglecting parents and other relations in getting too much absorbed in the married life. 

 

After elaborating these conditions in marriage, let us go back to the married life itself.  Here Islam orders Muslims to be obedient to Allah.  The head of the family is the husband; however he has this right only until he is just and pious.  Obedience of a leader is due only in the good and betterment but not when he is sinning nor has bad intentions.  Thus the leader should expect obedience only when he is obeying Allah, and the wife should be obedient only when the husband asks for it following the Islamic way.  The husband was given upper hand only because he is the bread winner for the family, otherwise both of them are equal except in piety and that only Allah knows.  Society will only know the apparent and they are equal in that regard.  What to talk of husband and wife, in the eyes of Islam even a slave is equal to them.  One has to feed them what they eat yourselves and clothe them similar to what you wear.  Here you must remember the event when the Caliph Omar (RA) reached Jerusalem his slave was riding the camel while the caliph was walking along because it was the slave's turn to ride the camel.  When they were traveling to Jerusalem, one day the caliph (RA) used to ride the camel and the other day it was slave's turn to ride it.  Khalid bin Walid (RA) had advised the caliph to ride a horse and wear a better dress since they were entering Jerusalem after capturing it, but the caliph did not agree to that.  When the head priest of Jerusalem saw this scene, he immediately gave the keys to the city as this was prophesied in the holy books to be the sign of the conqueror of that holy city.  The essence of the discussion is that the wife has the same rights as the husband.  Allah has made this division of work between husband and wife that the husband earns the provisions and the wife protects the honor of husband and amicably raises his children according to Islamic guidance.  She has a right to your earnings, however you do not have a right to her earnings if she is gainfully employed, however she can contribute by her own free will.  The husband does have a right in her inheritance be it her own earnings or her inheritance, after she dies. Up to some extant

Send questions or comments to M. Rafiq & S. Pervaiz