Marital Rights and Obligations in Islamic Law: a Critical Analysis of Its Practice in Northern Nigeria
CHAPTER ONE
Objectives
The objectives of this research are:
- To examine the provisions of Islamic Law on marital rights and duties
- To examine the extent of compliance by Muslims
- To establish findings (prospect, problems and challenges)
- To provide recommendations in accordance with Islamic law
CHAPTER TWO
CONCEPTUAL CLARIFICATION OF MARRIAGE IN ISLAM AND OTHER
RELATED ISSUES
Introduction
Marriage is one of the great signs of Allah. It is the cornerstone of Islamic society, it is the back bone of social life of Muslim communities. As the Holy Qur‟an stresses, marriage is a strong bond and a binding commitment to life itself, to society, and to the normal and healthy survival of the human race. Marriage is the commitment that married spouses make to one another as well as to Almighty Allah. It is a kind of commitment in which they find
mutual fulfillment and self realization, love and peace, compassion and serenity, comfort and hope 1.Allah [SWT]says in the Qur‟an that He made all creatures in pairs: “And of everything, We created in pairs: that you may remember” . He also says: “And among his signs is that He created for you, of yourselves spouses that you may dwell in tranquility with them, and He has set love and mercy between you: surely in that indeed signs for those who reflect” 3.
Allah (SWT) describes marriage and marital relationships between man and woman as one of his great bounties on mankind for which they should be grateful and they should demonstrate their appreciation of his bounties by being God-fearing:
He SWT says: Mankind fear your Lord, who created you from a single soul, created of like nature its spouse, and from the pair of them scattered countless men and women; Reverence God, in whose name ye plead with one another, and(reverence)the wombs (that bore you);surely God ever watches over you” 4.
CHAPTER THREE
RIGHTS OF THE HUSBAND IN MARRIAGE UNDER ISLAMIC LAW
Introduction
Marriage is a bond held together by natural rights and responsibilities for each of the two spouses. It is a partnership between them, and they are both required to play an active role in that partnership. The man is appointed as the leader of the household, and the woman as the supportive helper whose expertise in many areas cannot be handled by the man 1. Both husband and wife have certain rights and duties. A happy and successful marriage is assured if both of them fulfil their duties and preserve each others‟ rights. Violating those rights is a certain way to misery and failure.
MARITAL RIGHTS AND OBLIGATIONS IN ISLAMIC LAW: A CRITICAL ANALYSIS OF ITS PRACTICE IN NORTHERN NIGERIA BY
Both man and woman have a great responsibility in establishing and nurturing the family unit. They are the masters of their house. Abu Hurayra (RA) reported that Allah‟s messenger said: every soul of Adam‟s children is a master. The man is the master of his family, and the woman is the mistress of her house 2. Being master and holders of responsibility, both of them are also answerable before Allah (SWT) for their responsibilities. It is important for the man and woman to have a clear understanding of the great responsibilities that rest on their shoulders. That will make them work and co-operate well in order to fulfil their mission and be ready with the answers when they are questioned about their responsibilities.
There are certain rights that are due to the Almighty Allah which is imposed on the couple jointly by their creator. There are also rights that are due to each party to the union which are also imposed by Allah (SWT) on each of the couples. All the above together with the responsibilities of both parties towards each other shall be discussed extensively in this chapter, Allah willing. Before moving on to discuss the rights and responsibilities of the parties towards each other, we shall first discuss the rights of Allah on the couples.
Rights of Allah
i) Prohibition by affinity:
The Quran and Sunnah have prescribed the prohibited degrees in marriage which is divided into two categories:
- The permanently prohibited degrees; and
- The temporarily prohibited degrees.
The permanently prohibited women are the women that a man may never marry. Permanent prohibition can be as result of blood, marriage or foster (breast feeding) relationship. Allah (SWT) says in the Quran prohibited to you (for marriage are your mothers, daughters, sisters, paternal aunts, maternal aunts, brother‟s daughters, sister‟s daughters, foster mothers who breastfed you wives‟ mothers, step-daughters under your custody and born of your wives with whom you have had intercourse-but if you have not had intercourse with them, there is no sin upon you (if you marry them) ,the wives of your sons who are your own offspring and that you simultaneously marry two sisters-except for what has already passed. Indeed, Allah is forgiving and merciful. Allah (SWT) continue in the following verses that, and (also prohibited to you are) all married women, except those (captives and slaves) that your right hand possess.
CHAPTER FOUR
MARITAL RIGHTS AND OBLIGATIONS IN ISLAMIC LAW: A CRITICAL ANALYSIS OF ITS PRACTICE IN NORTHERN NIGERIA BY RIGHTS OF THE WIFE IN MARRIAGE UNDER ISLAMIC LAW
Introduction
Islam gives rights and recognition which are envied by Western women when they hear about women‟s rights in Islam. Before the advent of Islam, the status of women throughout
much of the world was appalling. In many places, women had no rights at all; they were treated worse than animals, and had no say in anything whatsoever 1.
A woman‟s proper place was considered to be in the home or working in the fields and at other menial duties with no regard for her identity or concern for her feelings. In some parts of the world men doubted whether women even have souls or could be regarded as human beings. In the fifth and seventh century CE Conference were held to debate these questions in the West. Women were considered a tradable commodity. She was believed to be a filthy being from the making of Shaitan, that nothing of the woman was largely present even in Jewish and Christian text and scripture 2.
Women before Islam
In ancient Greece, a woman was primarily regarded as one of the greatest source of disruption on the earth. The Chinese scripture viewed women as the subordinate of men, with no rights at all. In the Hindu culture, women were regarded as harmful creatures.
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