RELATIONS BETWEEN HUSBAND AND WIFE

1. NIKAAH - (MARRIAGE CONTRACT).

Nikaah is a mutual contract between a man and a woman. It appears in Surah An-Nisa: (4:21) "Your wives have taken a firm covenant from you". By virtue of this contract a man and a woman pledge to accept the rights and obligations laid down by the Quran in respect of their being husband and wife in order to lead a life of companionship.

2. AGE FOR NIKAAH.

According to the Holy Quran, the age for Nikaah is the age of puberty. The Quran has specifically mentioned: (4:6) "You should, as their guardians, keep monitoring the orphans till they reach the age of Nikaah."

However, the Quran has not determined as to what can be the age of puberty besides other factors, as it differs in different climatic conditions. At yet another place it is stated as age of adolescence: (6:153) : (17:34) "until they reach the age of adolescence." What this age is, has been explained by the Quran at another place while pointing towards the different stages of human life. It is said: (40:67) "Then He brings you forth as an infant, then lets you reach the age of adolescence, then lets you become old."

Keeping the above verses in view, the matter becomes quite clear. In Surah An-Nisa (4:6) was said i.e., till they reach the age of Nikaah (adolescence) and in Surah An'aam has been said (6:153) ' till they reach the age of adolescence and in (40:67) this age has been interpreted as an age (6:153) between childhood and old-age i.e. the adolescence; it thus becomes evident that according to Quran, the age of Nikaah is the age of puberty (adolescence). Thus the Quran has laid down the age of marriage as the age of puberty both for the boy and the girl.

Therefore the question of marriages of immature people (before they reach adolescence) does not arise. It is up to the Islamic Government to determine this age (according to its environmental circumstances).

3. MUTUAL CONSENT.

Just as the age of puberty of both boy and girl is essential for the contract of marriage, likewise their mutual consent is also mandatory: without it the contract of marriage cannot take place. About men it is said: (4:13) "Marry the woman of your liking."

About women it is said: (4:19) "It is not lawful for you to bring women into your wedlock forcibly (without their consent)."

Since the Nikaah cannot be solemnised in childhood, the question of appointing a guardian does not arise. However if the woman so desires she can appoint an attorney in order to settle affairs on her behalf. The statement in Surah Baqarah, (2:237) "In whose hands is the marriage tie", means the attorney appointed by the woman, or the court itself having the power of dissolution of marriage.

4. CEREMONY FOR NIKAAH (MARRIAGE).

The Quran has not laid down any specific ceremony for marriage. There is not even a mention of any special person who solemnises Nikaah. Since this is a contract, whatever laws are laid down by the government for the ratification of contracts, this contract should also be ratified (confirmed) according to the prevalent laws.

It is essential for the government to make definite laws for the purpose. Moreover, it is equally important to proclaim the solemnisation of Nikaah. A marriage kept secret is not tenderised by the Quran. (5:5)

5. FORBIDDEN FOR MARRIAGE (MUHARRAMAAT).

The Holy Quran has declared in detail those men and women who cannot marry each other. The list is as follows:

a) Marriage between a Muslim man or woman (monotheists) and polytheist man or woman is unlawful. It is said: (2:221) "Do not marry unbelieving woman (idolaters) until they profess Eemaan. A captive Muslim man is better than a free Mushrik man regardless of how pleasing he may appear; it is because marriage between persons of different ideologies makes family life a veritable hell. This is why Allah's Law prevents you from such a union. On the other hand, marriage between spouses with a similar ideology creates a paradisiacal family life. Divine Law wants to bestow on you the contentments of paradisiac life and protects you from various pitfalls. Allah Almighty explains to mankind His Laws clearly so that they may see the truth laid open before them."

At another place it is said: (5:5) "Chaste Mu'min women", which means that it is necessary for the woman to be a Muslimah.

b) Muslim men can marry women from amongst the people of the Book:(5:5)

"Chaste women from amongst the people of the Book are also made lawful to you" under conditions laid down for marrying the Muslim women. But a Muslim woman cannot marry a non-Muslim man (5:5). It clarifies the issue that Muslim men can marry woman from the people of the Book but Muslim women cannot marry their men.

It therefore implies that:

i) Muslim men can marry Muslim women or women from people of the Book, and

ii) Muslim women can marry only Muslim men.

Remember that marriage between a Muslim man and a woman from the people of Book is only permitted; it is not an injunction. An Islamic State can suspend this permission for a period for the sake of social exigencies or those pertaining to 'Deen'. However, it cannot repeal this injunction (it can only suspend it for a period); for example, the prohibition of selling meat for two days every week as it is practised in Pakistan these days.

c) According to verses (4:20-24) the following women are declared unlawful for marriage (with Muslim men): "Mothers (real or foster, those who have suckled you), daughters, sisters, father's sisters, mother's sisters, brother's daughters; sister's daughters, women who have suckled you and girls with whom you have shared the suck, (your foster sisters); your wives mothers; your step daughters under your guardianship, born of your wives to whom you have gone in _ no prohibition if you have not gone in: (those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same times, except for what is past; for Allah Almighty is oft-forgiving, most merciful."

[The word Muhsanah means pious and chaste women, it also means 'married women'. The latter meaning is applicable here].

The Holy Quran has not given the details of (breast feeding) itself i.e. as to how the condition of suckling is fulfilled; neither has it laid down how the condition of being a foster sister (sharing one mother's milk with you) is satisfied. Its details shall be ascertained by the Islamic State. Remember that only that woman shall be unlawful to you who has suckled you or the girl who has shared the suck.

It has been said above that those women who are already married are also unlawful, yet the Quran did make an exception in it. The women who had migrated from Makkah and their husbands were present (it is apparent that those husbands were non-Muslims, otherwise they could also have migrated) were also permitted for marriage (6:10); an Islamic State can issue special orders in the light of this exception, if such circumstances re-occur in any country.

Note: Adopted relations do not become real: thus it is said: (33:4) "Nor has He made your adopted sons as real sons". (It shall be applicable to all adopted sons as real sons). (It shall be applicable to all adopted relations). It shows that the Quran gives no legal status to adopted relations.

In Surah An-Noor, a verse says: (24:3) "A man guilty of adultery or fornication marries only a woman similarly guilty or a Mushirkah woman; and a woman guilty of adultery or fornication can be married only by a man similarly guilty or by a Mushrik man, that is unlawful for Mu'mineen."

But we do not consider this purport as true. The ensuing results from this are apparent. In our view, the word Nikaah in this verse has been used for cohabitation which is its basic meaning. Thus the verses mean as follows - If any of the believing man or a believing woman is determined to remain chaste, adultery or fornication cannot occur. It can occur only by their mutual consent. [the question of Zina bil jabr (rape) is different]; only those people commit this crime who do not believe in the Divine Laws; believers cannot act as such. Thus this verse emphasises and vividly explains the abomination of the act of fornication. That is why we have not given it in the list of "Muharramaat" ( ) (persons between whom marriage is unlawful).

As stated before, in the early days of Islam there were such women in Makkah as had embraced Islam themselves but their husbands did not and they had migrated to Madina leaving their husbands; believing men should marry them (60:10). From this it can be deduced that by abandoning Islam, the marriage automatically gets dissolved. But its legal decision lies with the Islamic Government.

to be contd.