Family

In a civil society the only natural law is the law of liberty and equality, on the basis of which all social rules should be framed. But in respect of a conjugal contract, besides the general principles of liberty and equality, nature has prescribed ...

In a civil society the only natural law is the law...

We have said that, from the Islamic point of view, divorce is absolutely detestable. Islam wants the marriage-union to be strong and lasting. At that stage we raised the question that if divorce is so detestable, why has Islam not banned it? Has not ...

We have said that, from the Islamic point of view,...

Here a few other questions arise. If divorce is so loathsome and so disliked by Allah, why has it not been totally prohibited by Islam? Islam could at least lay down certain conditions for its validity. In that case anybody who wanted to divorce his ...

Here a few other questions arise. If divorce is so...

First, we take up the present day problem of ignoble divorces. As a matter of principle, Islam is strongly opposed to divorce. It wants that it should not take place as far as practicable. It allows it only as a last resort in the cases where separat...

First, we take up the present day problem of ignob...

In our age divorce has become a world problem as all grumble and complain about it. Those whose laws prohibit divorce totally complain of the non-existence of a way to escape from unsuccessful and unsuitable marriages. On the other hand, those who ha...

In our age divorce has become a world problem as a...

We have already quoted Newsweek as saying that the American woman gives preference to merry-making over the stability of domestic life. Now let us take a step forward and see why she has adopted such an attitude. It is certain that this attitude is n...

We have already quoted Newsweek as saying that the...

In the past much attention was not paid to the problem of divorce, its causes and its harmful effects, nor were any measures devised to prevent its incidence, yet the cases of divorce were few and far between. There is no doubt that the difference be...

In the past much attention was not paid to the pro...

We have already stated that, from the Islamic point of view, it is the responsibility of man to meet the expenses of the whole family, including the personal expenses of his wife, who has no similar responsibility. Even if the wealth of woman is seve...

We have already stated that, from the Islamic poin...

We have mentioned the Islamic point of view regarding dower and its philosophy. Now let us take up the question of maintenance. It should be kept in mind that like dower, maintenance also has a peculiar form in the Islamic law, and it should not be c...

We have mentioned the Islamic point of view regard...

It is one of the indisputable principles of Islam that a man has no claim to the money or property of his wife, nor is he entitled to force her to do anything for him. The earnings of a working woman can in no way be appropriated by her husband witho...

It is one of the indisputable principles of Islam ...

In the preceding chapter we have described the philosophy and origin of dower. It was pointed out that the law of creation has fixed the relationship between the two sexes and has allotted them separate roles in life. It was also pointed out that the...

In the preceding chapter we have described the phi...

There is a fifth stage also about which the sociologists and other commentators have observed silence. During this stage man gives a present to woman herself. Neither of her parents has any claim to it. Woman receives the present, but she preserves h...

There is a fifth stage also about which the sociol...

According to our belief, the dower has come into being as the result of skilful arrangements, put into the very design of creation, to balance the relations between man and woman. The dower has come into being, because, by nature, the respective role...

According to our belief, the dower has come into b...

It is said that during pre-historic times man lived a barbaric life, which had the tribal form. For unknown reasons marriage was prohibited between a male and a female of the same blood. Hence the young men of a tribe, who wanted to marry, were compe...

It is said that during pre-historic times man live...

It is one of the most ancient traditions of the human family relations that at the time of marriage the man pays a dower (mahr) to the woman or to her father. In addition to that, he undertakes to bear the expenses of his wife and children during the...

It is one of the most ancient traditions of the hu...

Not only are the family relations of man and woman with each other different from their relation to other things, but also their attitude to each other is not similar. In other words, the nature of the relation of man to woman is different from that ...

Not only are the family relations of man and woman...

We have mentioned before that there are two views about the social life of man. Some believe that man is social by nature, whereas some others hold that social life is a contractual matter and this life has been chosen by man of his own accord under ...

We have mentioned before that there are two views ...

This much was about non-domestic society. But what about domestic society? Do all the individuals in a domestic society also have a similar position in regard to their acquired rights, or is the case of the domestic society, which consists of wife an...

This much was about non-domestic society. But what...

To arrive at the right conclusion, the readers may keep in mind the following points already discussed in the preceding chapter: (1) Natural rights have emerged from the fact that nature has a definite aim and, keeping that aim in view, it has invest...

To arrive at the right conclusion, the readers may...

In our view, natural and inherent rights have arisen from the divine arrangement according to which the creative machinery, keeping in view its aims, is pushing forward all existing things towards that state of perfection, the capability of which is ...

In our view, natural and inherent rights have aris...

We have said that man enjoys a sort of innate dignity. The very nature of his creation has bestowed on him a number of inalienable and untransferable rights and freedoms. This is the spirit and basis of the Universal Declaration of Human Rights. Isla...

We have said that man enjoys a sort of innate dign...