This book, Az-Zaujus Salih or The Pious Husband is in fulfilment of our promise made in the Introduction of our book, Al-Mar’atus Salihah or The Pious Woman. We express our gratitude to Allah Ta’ala Who alone has made possible the fulfilment of our promise so quickly just months after the publication of Al-Mar’atus Salihah. All praises are due to Him.
Just as Al-Mar’atus Salihah was prepared exclusively for the benefit and guidance of women, so too, is Az-Zaujus Salih written for the exclusive benefit of husbands in general and in particular for those husbands who believe that their superior rank is a licence for abusing wives.
The lasting success of a marriage – the Muslim marriage – is not confined to only the fulfilment of the minimum legal huqooq (rights and obligations). It requires much more. While both partners in the marriage have to make sacrifices, the major part of the responsibility of ensuring that the marriage remains an enduring episode of happiness and success devolves on the husband who Allah Azza Wa Jal has appointed the Qa-im/Haakim (ruler) of the home. The success of the marriage cannot be achieved by the husband wielding only the coercive powers of his hukoomat (reign) over his wife. A happy married life relies heavily on the pure and true love which Rasulullah (Sallallahu Alayhi Wasallam) has exhorted us to develop.
This book teaches husbands the Sunnah attitudes which they have to adopt in their relationship with their wives. This is not a book in Fiqh and it does not discuss the legal rights of the husband. Rather, it is the prescription – the Islamic prescription – for a happy and successful marriage, the blessings and rewards of which extend into even the Hereafter.
This book is not a licence for disobedient wives for achieving their desired goal of domination over their husbands. While husbands should study Az-Zaujus Salih (The Pious Husband), wives should do likewise with Al-Mar’atus Salihah (The Pious Woman). Both partners should implement their respective roles in practical life. These two treatises, viz. Al-Mar’atus Salihah and Az-Zaujus Salih, constitute the alchemy of marital happiness and success. May Allah Azza wa Jal accept our humble effort and may He grant readers the taufeeq to act in accordance with the Islamic advises and admonitions contained herein.
MUJLISUL ULAMA OF SOUTH AFRICA
Rabiul Aakhir 1413 – October 1992
The Husband as the Ruler
“Men are the rulers over women because Allah has bestowed ranks to some of them above others and because they (men) spend of their wealth (for the maintenance of women).”
(Surah Nisaa’, Aayat 34)
In describing the man, Allah Ta’ala in this aayat, mentions the word qawwamoon which is the plural of qawwaam. In Arabic, qawwaam refers to someone who has the responsibility of administering a system. He is in charge of executing the affairs and operation of the system which has been entrusted to him. A qawwaam is, therefore, a ruler. The Qur’aan-e-Hakeem uses this term in this very meaning. Thus, Allah Ta’ala says that, “Men are the rulers of (or over) women.”
Just as a community or a nation requires a ruler for proper and efficient functioning of the affairs of society, so too does the home unit stand in need of a ruler to ensure that the home affairs progress smoothly and correctly along the divinely-ordained pattern conceived in by the Shariah. The man in the house has, thus been appointed the ruler or overseer. While Islam has bestowed many rights to women, the Qur’aan-e-Hakeem confirms his superior rank and announces his appointment as the ruler of women.
There is no gainsaying that man is the ruler/guide/overseer in the home. The Qur’aan Majeed is explicit in this declaration and the Ahadeeth of Rasulullah (Sallallahu alayhi wasallam) are replete with his significance and superiority over woman.
While this is indisputably so, the husband should not commit the grave error of assuming that his superiority and his appointment as the ruler/leader permit him to rule his family at his whimsical and temperamental behest. It is essential that the husband understands that along with his rank and position comes responsibility of a grave and sacred nature. His appointment as Ruler of Woman is not a licence for misdirecting authority. His position as the head of the family does not entitle him to introduce a reign of misery in the home. His superiority over his wife does not bestow to him the right of enslaving her. The wife’s obedience to her husband, emphasised and made incumbent by Allah Ta’ala, does not allow him to adopt a master and slave relationship at home. His elevated rank is not permission for violating, denying and neglecting the rights (huqooq) which Islam orders for women and children. On the contrary, all such violations and behavioural attitudes not conducive for the correct functioning of an Islamic home, are heavily proscribed by the lofty office he as the husband/father occupies. In short, the husband is not allowed to adopt a bullying attitude. He does not enjoy the right to impose on his wife his wishes, whims and fancies just as he desires and in any way he feels.
More in Tasawwuf & Self-Reform
Az-Zaujus Saalih
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Az-Zaujus Saalih
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Contents
Introduction ...................................................................................................... 4
The Husband as the Ruler ................................................................................. 6
The Ruler is the Servant .................................................................................... 8
Kindness Towards Women ................................................................................ 9
The Husband’s Role ......................................................................................... 12
Zulm (Injustice and Cruelty) by the Haakim of the Home ............................... 18
Understanding Women ................................................................................... 22
The Meaning and Limits of Toleration ............................................................ 24
The Cuckold Husband ...................................................................................... 27
A Beautiful Standard ....................................................................................... 28
Imposing Hardships on the Wife ..................................................................... 29
The Wife’s Right to Separate Living Quarters ................................................. 34
Home Expenses ............................................................................................... 36
Talaaq (Divorce) .............................................................................................. 38
The Effects of Talaaq ....................................................................................... 40
Talaaq Sareeh and Talaaq Kinaayah ................................................................ 40
Talaaq Sareeh .............................................................................................. 40
Important .................................................................................................... 41
Talaaq Kinaayah .......................................................................................... 42
Important .................................................................................................... 42
Mughallazah ................................................................................................ 42
Important .................................................................................................... 43
A Grave Eye-Malady ........................................................................................ 43
Having Extramarital Affairs ............................................................................. 46
Taking a Second Wife ...................................................................................... 47
The Limits of a Husband’s Admonition ........................................................... 48
The Solace of the Wife .................................................................................... 51
The Wife’s Property ........................................................................................ 52
Repossessing Gifts ........................................................................................... 54
When Divorce Takes Place .............................................................................. 55
The Bond of Holy Love .................................................................................... 56
Az-Zaujus Saalih
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Woman as Naaqisul Aql .................................................................................. 59
The Creation of Women from the Rib of Aadam (Alayhis salaam) ................. 61
Hadhrat Umar’s Tolerance .............................................................................. 62
A Wife’s Rights ................................................................................................ 62
A Husband’s Cruelty ........................................................................................ 64
Baseless Suspicion of the Wife ........................................................................ 65
A Pious Husband is a Benevolent and Concerned Father ............................... 66
Withholding Talaaq ......................................................................................... 69
The Balanced Way ........................................................................................... 71
Conclusion ....................................................................................................... 73
And live with them (women) in a
beautiful manner. If then you are
displeased with them, (then know)
perhaps you dislike something
while Allah has created abundant
goodness in it.
(Qur’aan, Surah Nisaa’)
Az-Zaujus Saalih
4
Introduction
This book, Az-Zaujus Salih or The Pious Husband is in fulfilment of our
promise made in the Introduction of our book, Al-Mar’atus Salihah or The
Pious Woman. We express our gratitude to Allah Ta’ala Who alone has made
possible the fulfilment of our promise so quickly just months after the
publication of Al-Mar’atus Salihah. All praises are due to Him.
Just as Al-Mar’atus Salihah was prepared exclusively for the benefit and
guidance of women, so too, is Az-Zaujus Salih written for the exclusive
benefit of husbands in general and in particular for those husbands who
believe that their superior rank is a licence for abusing wives.
The lasting success of a marriage – the Muslim marriage – is not
confined to only the fulfilment of the minimum legal huqooq (rights and
obligations). It requires much more. While both partners in the marriage
have to make sacrifices, the major part of the responsibility of ensuring that
the marriage remains an enduring episode of happiness and success
devolves on the husband who Allah Azza Wa Jal has appointed the Qa-
im/Haakim (ruler) of the home. The success of the marriage cannot be
achieved by the husband wielding only the coercive powers of his hukoomat
(reign) over his wife. A happy married life relies heavily on the pure and true
love which Rasulullah (Sallallahu Alayhi Wasallam) has exhorted us to
develop.
This book teaches husbands the Sunnah attitudes which they have to
adopt in their relationship with their wives. This is not a book in Fiqh and it
does not discuss the legal rights of the husband. Rather, it is the prescription
– the Islamic prescription – for a happy and successful marriage, the
blessings and rewards of which extend into even the Hereafter.
This book is not a licence for disobedient wives for achieving their
desired goal of domination over their husbands. While husbands should
study Az-Zaujus Salih (The Pious Husband), wives should do likewise with Al-
Mar’atus Salihah (The Pious Woman). Both partners should implement their
respective roles in practical life. These two treatises, viz. Al-Mar’atus Salihah
and Az-Zaujus Salih, constitute the alchemy of marital happiness and success.
May Allah Azza wa Jal accept our humble effort and may He grant readers
the taufeeq to act in accordance with the Islamic advises and admonitions
contained herein.
MUJLISUL ULAMA OF SOUTH AFRICA
Az-Zaujus Saalih
5
Rabiul Aakhir 1413 – October 1992
Az-Zaujus Saalih
6
The Husband as the Ruler
“Men are the rulers over women because Allah has bestowed
ranks to some of them above others and because they (men) spend
of their wealth (for the maintenance of women).”
(Surah Nisaa’, Aayat 34)
In describing the man, Allah Ta’ala in this aayat, mentions the word
qawwamoon which is the plural of qawwaam. In Arabic, qawwaam refers to
someone who has the responsibility of administering a system. He is in
charge of executing the affairs and operation of the system which has been
entrusted to him. A qawwaam is, therefore, a ruler. The Qur’aan-e-Hakeem
uses this term in this very meaning. Thus, Allah Ta’ala says that, “Men are the
rulers of (or over) women.”
Just as a community or a nation requires a ruler for proper and efficient
functioning of the affairs of society, so too does the home unit stand in need
of a ruler to ensure that the home affairs progress smoothly and correctly
along the divinely-ordained pattern conceived in by the Shariah. The man in
the house has, thus been appointed the ruler or overseer. While Islam has
bestowed many rights to women, the Qur’aan-e-Hakeem confirms his
superior rank and announces his appointment as the ruler of women.
There is no gainsaying that man is the ruler/guide/overseer in the home. The
Qur’aan Majeed is explicit in this declaration and the Ahadeeth of Rasulullah
(Sallallahu alayhi wasallam) are replete with his significance and superiority
over woman.
While this is indisputably so, the husband should not commit the grave error
of assuming that his superiority and his appointment as the ruler/leader
permit him to rule his family at his whimsical and temperamental behest. It is
essential that the husband understands that along with his rank and position
comes responsibility of a grave and sacred nature. His appointment as Ruler
of Woman is not a licence for misdirecting authority. His position as the head
of the family does not entitle him to introduce a reign of misery in the home.
His superiority over his wife does not bestow to him the right of enslaving
her. The wife’s obedience to her husband, emphasised and made incumbent
by Allah Ta’ala, does not allow him to adopt a master and slave relationship
at home. His elevated rank is not permission for violating, denying and
neglecting the rights (huqooq) which Islam orders for women and children.
Az-Zaujus Saalih
7
On the contrary, all such violations and behavioural attitudes not conducive
for the correct functioning of an Islamic home, are heavily proscribed by the
lofty office he as the husband/father occupies. In short, the husband is not
allowed to adopt a bullying attitude. He does not enjoy the right to impose
on his wife his wishes, whims and fancies just as he desires and in any way he
feels.
Rasulullah (Sallallahu alayhi wasallam) said:
“Every one of you is a shepherd and every one of you will be
questioned about his flock.”
The husband is the Shepherd of his home. On the Day of Qiyaamah he will
have to answer in the Divine Court how he treated his flock. Their rights and
obligations he has towards his wife and children are sacred injunctions
ordained by Rabbul Aalameen (Allah – the Creator and Sustainer of all the
worlds). An account of the reign of his home will be demanded from him.
Thus, he should understand that commensurate with his rank as the ruler, is
the sacred and weighty responsibility of correctly and adequately discharging
the amaanat (sacred trust) imposed on him by Allah Ta’ala. On that Day of
Terror – Yaumul Qiyaamah – when the unjust and cruel husband who had
misused his lofty position and misdirected his authority here in this transitory
abode, will be hauled to stand trial in Allah’s Court of Justice, he will wish
that he never was a husband nor a father nor the ruler in the home. About
the awful state of that Day of mighty upheavals, terror and fear, the Qur’aan
Majeed says:
“(That Day) will be a day when a man will flee from his brother, his
mother, his father, his wife and his children.”
It is, therefore, imperative that the husband/father takes a reckoning of his
rule of the home before a reckoning will be demanded from him at a time
when he will be ill-prepared or wholly incapable of submitting and
appropriate account of his worldly conduct. This is precisely the purport of
Rasulullah’s (Sallallahu alayhi wasallam) saying:
“Take a reckoning (of yourself) before a reckoning will be demanded
(from you).”
Az-Zaujus Saalih
8
The Ruler is the Servant
Hadhrat Umar (Radhiyallahu anhu) said:
“The ruler/leader of a community is their servant.”
This holds true for every group which has a leader or a ruler. Far from
misusing
a
position
and
a
rank
of
superiority,
the
Muslim
ruler/husband/leader is under Shar’i obligation to benevolently serve his
subjects and subordinates who are all units of trust assigned to his care by
Allah Azza wa Jal.
Rasulullah (Sallallahu alayhi wasallam) and the Sahaabah have given
the Ummah practical lessons in family matters – material affairs and home
affairs. Thus, we find Rasulullah (Sallallahu alayhi wasallam) assisting his
wives in such simple home chores as sewing, mending, sweeping, washing,
milking the goat, etc. When Muhammad (Sallallahu alayhi wasallam), the
highest and noblest of creation, considered it necessary to involve himself
with these little domestic acts, then it behoves all Muslim husbands to
emulate his noble example. In this regard, the Qur’aan Majeed says:
“Verily, there is for you in the Rasul of Allah, a beautiful model
(character, way, style) – for him who has hope (in meeting) Allah
and the Last Day.”
It is waajib (compulsory) on every Muslim to implement the model of the
Rasul (Sallallahu alayhi wasallam) in his daily life. Partial implementation of
the Sunnah is not expected for the true Mu’min although it has to be
conceded that the Ummah, by far and large, has abandoned the noble
Sunnah of Rasulullah (Sallallahu alayhi wasallam) and substituted in its place
the satanic systems of the kuffaar.
A king or ruler, although enjoying Shar’i superiority, authority and
jurisdiction over his subjects, will be regarded as an evil oppressor and tyrant
if he exercises his authority harshly or if he utilizes his rank in his self-
interest. Similarly, a husband – the ruler of the home – who misdirects his
authority and comes down harshly and inconsiderately on his family will be
considered unjust and a tyrant by Islam. The rank which the Shariah has
bestowed to him is not for self-interest. It is not for the Muslim husband to
Az-Zaujus Saalih
9
flaunt his rank and authority in an attempt to gain the subservience of his
wife for the benefit of his whimsical and sometimes inordinate desires, and
in an attempt to pressurize her to forego the huqooq (rights) which the
Shariah has granted her.
The husband’s superior rank demands that he served his wife and children in
ways and methods which keep them firmly on the Path of Deen. With
wisdom, naseehat (advice) and admonition, devotion, sacrifice, kindness and
love should the Muslim husband pave the way of Jannat for his family –
always sacrificing and giving, but never demanded fulfilment of his personal
rights.
Kindness Towards Women
The Qur’aan Majeed commands:
“Deal with women correctly and with kindness. If, then you dislike
them, then it is possible that you dislike something while Allah has
created abundance of goodness in it.”
(Surah Nisaa, aayat 19)
This Qur’aanic aayat as well as other verses and Ahadeeth define man’s role
as the ruler of the wife. Arrogance and harshness have no role in a husband’s
discharge of his duties in his capacity as the ruler. The Qur’aan compulsorily
imposes on him justice and kindness. In fact, the kindness and toleration
which the husband has to show, should accommodate all the petty
indiscretions and outbursts of the wife. The husband is not permitted to
react violently or harshly because of the hurtful and cutting statements
which his wife stupidly makes. He must understand that Allah Ta’ala has
created her naaqisul aql or of deficient intelligence. A woman by nature is
extremely short-sighted. On most occasions she is blind to the consequences
of her statements, attitudes and misdeeds. In contrast, the husband has
been endowed with superior aql (intelligence). He should not demean his
intelligence by reached vindictively in womanish style.
Some husbands, unable to tolerate the indiscretion of their wives, react
violently. In a fit of temper they do not hesitate to manhandle, mishandle
and cruelly assault their wives. It is essential that such husbands understand
Az-Zaujus Saalih
10
that their display of violence on their wives is not an act of heroism. On the
contrary, they are disgracefully exhibiting their cowardice. There is
absolutely no honour in silencing a wife by means of violence and abuse.
Rasulullah (Sallallahu alayhi wasallam) said:
“Strength is not by overwhelming (an adversary) in combat. Verily, a
strong man is one who controls his nafs at the time of anger.”
The poor wife is not even an adversary!
The Muslim husband is thus commanded to react with dignity, honour and
kindness. He is under Shar’i order to swallow his anger and acquit himself
like a true ruler who keeps in mind the Ruler of all rulers – Allah Azza wa Jal.
Tomorrow, on the Day of Qiyaamah, he will have to answer for his abuse and
injustice perpetrated against his helpless wife who is a sacred Amaanat
(Trust) assigned into his care by the Creator of that Amaanat.
The husband must at all times remember that his wife is not his property.
She is the property of Allah Ta’ala. She has been made lawful to man on the
Name of Allah Ta’ala. This was the declaration announced by Rasulullah
(Sallallahu alayhi wasallam) on the occasion of Hajjatul Widaa (the Last Hajj).
The husband should now reflect and realize that he has no licence to unleash
the fury of his temper on the Property of Allah Ta’ala. He has to respect,
honour and treasure the Amaanat which Allah Ta’ala has awarded to him for
his comfort, peace and rest in this ephemeral earthly abode.
In one Hadith, Rasulullah (Sallallahu alayhi wasallam) said:
“Piety is a beautiful character.”
A man attains piety with his beautiful moral and spiritual character. Minus an
uprighteous character he is a demon, surpassing the lowly beasts in
bestiality. According to Nabi-e-Kareem (Sallallahu alayhi wasallam) the
Muslim who is kindest to his wife, is the one with the best character.
Undoubtedly, some traits and attributes in women are detestable to men.
But, the Qur’aan Hakeem says that Allah Ta’ala has created much good in
her. The Qur’aan Hakeem exhorts the husband to overlook her detestable
Az-Zaujus Saalih
11
attributes and look rather at the abundance of goodness which Allah Ta’ala
has created in her.
Rasulullah (Sallallahu alayhi wasallam) instructed the husband:
“The Mu’min (husband) should not harbour enmity for his wife. If he
dislikes something in her, then surely, he will be pleased with another
quality in her.” (Muslim)
The husband should expect disobedience and indiscretion from his wife. If he
keeps in mind this expectation, he will not be frustrated and disappointed
when his wife acts in conflict with his wishes. When she annoys him with her
inconsiderate behaviour, he should dispel his anger and annoyance by
recalling her goodness and by remembering that she is a free person, not a
slave who could be handled and abused according to the husband’s desire.
Rasulullah (Sallallahu alayhi wasallam) said:
“The Mu’min with the most perfect Imaan is one who has the best
character and who is the kindest to his wife.”
A requisite for the perfection of Imaan is kindness to one’s wife. It is
abundantly clear from the Ahadeeth of Rasulullah (Sallallahu alayhi
wasallam) that kindness to the wife is an independent act of virtue.
It is not a reciprocal deed dependant on the wife’s obedience. It is not the
effect of the wife’s loving and obedient attitude to her husband. The
husband has to behave honourably and kindly towards his wife at all times
notwithstanding her intransigence, obstinacy and indiscreet behaviour. Insha
Allah, much of his sins will be forgiven by virtue of his kindness towards his
wife.
Rasulullah (Sallallahu alayhi wasallam) said:
“The best among you are those among you who are the best to their
wives.”
Thus, a man’s nobility is linked to his kind treatment of his wife. An unkind
and an uncaring husband cannot be a pious man even if he engages in
Az-Zaujus Saalih
12
abundance of nafl acts of ibaadah (worship). His piety will be a true piety
only if his attitude towards his wife is noble.
Kindness towards the wife is an act of thawaab (reward) even to the extent
of placing a morsel of food in her mouth. Overlooking her faults, assisting her
in her home duties, giving her presents, seeing to her needs in general,
refraining from imposing unnecessary demands and duties on her and
generally showing her a happy and cheerful disposition are all meritorious
acts of reward exhorted by Islam.
On the occasion of his last Hajj, Rasulullah (Sallallahu alayhi wasallam)
commanded:
“Be kind to women for verily they are prisoners by you…”
The wife is fully under the jurisdiction and control of her husband. She is
entirely dependent on him. She goes out of her way to please her husband
and see to his needs and comfort. It, therefore, does not behove the Muslim
husband to exploit her by maltreating her. It is only a cowardly man, lacking
in moral excellence, who will ill-treat his wife and ignore Rasulullah’s
(Sallallahu alayhi wasallam) command to show kindness and love to his wife.
THE HUSBAND’S TREASURE
A treasure to value, honour and be
grateful for!
Rasulullah (Sallallahu alayhi wasallam)
said:
“After the Taqwa of Allah there is no
better treasure for the Mu’min than a
pious wife.”
Az-Zaujus Saalih
13
The Husband’s Role
“O People of Imaan! Save yourselves and your families (wives and
children) from the Fire (of Jahannum).”
(Surah Tahreem)
“And, command your family with Salaah, and be steadfast on it.”
(Surah Taha)
The husband’s role is not restricted to the provision of the material needs of
his family. Islam imposes the spiritual, moral and educational welfare as
incumbent obligations on the husband/father in the same way, in fact to a
greater degree than the obligation of providing food and clothing. While the
material requirements are for man’s temporary needs in this transitory
earthly life, spiritual and moral requirements are necessary for his success
and salvation in the everlasting abode of the Aakhirah. It is, therefore, of
utmost importance for the husband/father to attend to the Deeni and
Roohani training of his family. This obligation is his topmost priority.
The vital need of Deeni, Roohaani and Akhlaaqi (moral) development is
among the huqooq (rights) which the man compulsorily owes to his family.
But, today, most men have abandoned this obligation. They deceive
themselves into believing that they have correctly absolved themselves of
their duties by seeing to the material needs of their families. The greater part
of their lives expended in worldly pursuits which in most cases are not only
futile, but destructive in terms of the Aakhirah.
In the mad desire to improve and enhance their worldly status, people
blindly lose themselves in the pursuit of wealth to the lamentable detriment
of their families. The Qur’aan and Ahadeeth command and exhort the man
to save his family from the everlasting perdition of Jahannum. But, the
husband/father, far from being conscious of his role as the Deeni ruler of the
home, paves the path to Jahannum for his family by his abandonment of the
Deeni rights of his wife and children.
Allah Ta’ala has appointed the man as the Haakim (ruler) of his family. In this
role he is under Shar’i obligation to train and guide his family along the Path
Az-Zaujus Saalih
14
of Deen. This is a lifelong obligation on the husband/father. His duty – sacred
obligation – towards his family begins from the time he opens his eyes in the
morning until the time they all retire for the night. His role as the Benevolent
and Wise Ruler demands that he be ever alert and diligently applies his mind,
efforts, time and wealth to secure the success of his family – Deeni and
Roohani success which will culminate in the best of stations in the Aakhirah.
The husband/father has been appointed the ruler so that he guides his family
and steers them along Siraatul Mustaqeem (the Straight Path of the Qur’aan
and Sunnah). His superiority brings along with it the sacred responsibility of
protecting his family – not only from physical harm – but from the myriad of
nafsaani and spiritual dacoits and scoundrel waiting in ambush along the
meandering and difficult road leading to Jannah. The road to salvation and
Jannat is strewn with obstacles and adorned with nafsaani snares in beautiful
and deceptive forms, most alluring to man. The dangers luring him from the
Road of Salvation are encircling him at all times.
In such a turbulent world has Allah Ta’ala appointed the husband as the
guide, guardian and ruler of his family. Man is thus obliged to discharge his
sacred responsibility of guiding his family wisely, benevolently and lovingly to
see them through to their destination – Jannah.
Rasulullah (Sallallahu alayhi wasallam) said:
“The Fire (Jahannum) is covered with delights and Jannah is veiled in
miseries and hardship.”
Allah Ta’ala has not sent man to get lost and destroyed in deception. The
quest of wealth and worldly status and perfection are not man’s goals.
Hankering after the objects of nafsaani desire are great and grave
impediments in the Deeni Path. The prime duty of the husband is to ensure
the spiritual and moral safety, progress and perfection of his family. Alas!
How many husbands are truly concerned with the Deeni progress of their
wives? How many fathers have the Imaan of their children truly at heart? If
they make an honest appraisal of the condition in their hearts, they will not
fail to discern that the everlasting happiness of their families occupy a very
low priority.
Az-Zaujus Saalih
15
Undoubtedly, the first and foremost priority of most husbands/fathers is
their quest for wealth and worldly status. It is for this reason that a man
labours all day in his business. In the evenings he is either too tired,
sometimes real and sometimes imagined, or he has to attend some get-
together with his friends and associates, leaving his family neglected and
exposed to the onslaughts of Shaitaan. Every Muslim husband/father should
sincerely and honestly evaluate his domestic life to discover how much
exactly he cares and does for his wife and children. Contemplation will
remove some of the veils blocking the understanding with which a Muslim
has to approach all his affairs. By taking a reckoning of his relationship with
his family, the husband – the ruler of the home – will observe himself not as
the benevolent ruler executing the rights and obligations of his family
commanded by Allah Ta’ala. On the contrary, he will – if he honestly
appraises himself – see himself as a tyrant, a zaalim (oppressor), a khaa-in
(abuser of trust) and a man motivated by selfish desires of a nafsaani sort. He
simply has elected to smother his conscience by shutting out from his mind
the reality of his gross dereliction of the divine trust assigned to his care and
jurisdiction in his office as the Haakim of his home.
The husband will produce a plethora of imagined arguments and self-
imposed worldly and nafsaani responsibilities – which in fact are all
destructive liabilities – to justify to himself his abdication from his position as
the ruler of women. He will utilize his rulership, control and jurisdiction over
women largely in avenues and acts for which the Shariah has not mandated
him.
The businessman justifies the spiritual and moral neglect of his family on the
basis of his involvement in his shops and factories. He is so occupied with
making money and expanding his imagined commercial empire that he
cannot find time to get involved with the Deeni and moral training of his
family. Yet Allah Ta’ala has not despatched him to earth for carving out a
financial empire.
Rasulullah (Sallallahu alayhi wasallam) said:
“The (search) for halaal earnings is the incumbent duty after the fardh
salaah.”
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16
Man is, thus, under Shar’i obligation only to the extent of earning sufficient
halaal earnings to see him comfortably through the earthly journey. He has
absolutely no freedom and no right to embark on any project, whether
worldly, the deeni, to the degree of failing to carry out the duties of his office
of Rulership of the home. On the Day of Qiyaamah when he shall have to
answer in Allah’s Court for the Deeni ignorance and the moral corruption of
his family, his arguments will not avail him. He will not be able to escape the
misfortune of his neglect by presenting his business and other worldly
occupations and professions as excuses for his failure to tend to the Deeni
affairs of his family.
While those hankering after worldly perfection and success neglect their
roles as husbands and fathers on the pretext of earning a livelihood and
other mundane pursuits; the muballigh (the one involved in tabligh – the
Moulana, the Madrasah teacher, the Tabligh Jamaat worker and others)
soothes his conscience by convincing himself that he is justified in neglecting
the Deeni training of his wife and children because of his involvement with
the work of Allah – in the Path of Allah. Little do they understand the colossal
deception in which they are dwelling.
Their first and prior tabligh and Path of Allah are their wives and children.
The Qur’aan Majeed commands:
“O People of Imaan! Save yourselves and your families from the
Fire.”
The Shariah does not permit a husband/father to involve himself in tabligh to
others to the degree of neglecting his family. They have a greater huqooq
over him than others. When there is a variety of huqooq of different people
of various classes, the Muslim is required to attend to all such obligations on
the basis of the principle of priority ordained by the Shariah. Thus, the
parents have huqooq over their son, and his wife and the children have
huqooq over him. His brothers have huqooq over him and so has his
neighbours.
It will be un-Islamic and unlawful to accord priority and greater importance
to the huqooq of parents, for example, when fulfilment of their rights entails
neglect or abandonment of the rights and obligations of the wife and
children. In fact, there is generally no conflict of huqooq. Rights and
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17
obligations of different persons are of varying degrees of priority and
importance. On account of ignorance and a misconceived idea of huqooq,
most people presume a conflict between the rights of different parties.
Unable to resolve the crisis, they accord undue importance to the wishes of
one party, so much so, that the rights of the other party are either only
partially upheld or abandoned entirely. Insha Allah, this grave aspect will be
further discussed later in this treatise.
The muballigh cannot Islamically justify his neglect of his family’s spiritual
and moral training on the grounds of his participation in Deeni service to the
community. In the whole community, his own family constitutes the most
important unit. The obligation of providing Deeni guidance and moral
training for one’s own family is a sacred trust which Allah Ta’ala has imposed
squarely on every haakim (ruler) of a family. Instead of the haakim of the
house involving himself in the discharge of his sacred duty of tabligh to his
wife and child, we witness the spectacle of greater concern and priority
shown to others on the basis of the deception that ‘we must have feeling for
the Ummah’ – ‘we must sacrifice for the Ummah’. Shaitaan approaches man
even under Deeni guise to deceive him and cast him into deviation. He will
compromise with man by taking him away from an Ibaadat of greater
importance and put him into an Ibaadat of lesser importance and then, by
degrees blur his vision until he ultimately succeeds in ensnaring man into his
clutches.
While it is an Islamic truth that ‘we must have feeling for the Ummah’ and
‘we must sacrifice for the Ummah’, we must not forget that our immediate
family in so far as we are concerned constitutes a very important segment of
the Ummah. A man who inverts his priorities and pays greater attention to
others while assigning his family a backseat, does not know the meaning of
sacrifice and feeling for the Ummah. He labours in deception.
Allah Ta’ala instructed Rasulullah (Sallallahu alayhi wasallam):
“And, warn your close family…”
A tabligh and a service to the Ummah which constrain a man to neglect the
Deeni teaching and moral training of his family is not a true tabligh nor a true
Deeni service. Likewise, a pursuit for wealth and hankering after a profession
which occasion the neglect of abandonment of the Islamic training (tarbiyat)
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18
of the family are beyond the limits of legitimate earning of a halaal
livelihood.
Man’s mission on earth is not to create an empire of wealth and fix earthly
comfort and assumed worldly perfection as his goals. The ultimate goal of
man is the Aakhirah. Spelling out man’s goal, Rasulullah (Sallallahu alayhi
wasallam) said:
“Verily, the world has been created for you, and you have been
created for the Aakhirah.”
Man must, therefore, take from this temporary abode only that much which
is adequate for his needs and for his journey to the Aakhirah.
Man must understand that it is not for no reason that he has been appointed
as the ruler of women. He is the haakim in the home in which dwells his
subjects and subordinates. He is indeed most foolish to ignore his subjects or
to neglect their welfare because of his preoccupation with those who are not
his first and direct responsibility.
A husband/father should understand that if he does not fully apply himself to
the tarbiyat of his family, he will be grossly failing in his sacred and fardh
obligation. He will then be abdicating and abandoning the office of
government of the home which Allah Ta’ala has entrusted to him.
Zulm (Injustice and Cruelty) by the Haakim of the
Home
The husband/father has been divinely awarded with the rank of dominance
to enable him to guide his family in the raging torrents of worldly corruption
and fitnah until they have become spiritually and morally strong enough for
them to fend for themselves. Allah Ta’ala has not appointed the
husband/father as the haakim to perpetrate zulm on his family. The husband
has absolutely no Shar’i right of abusing, pushing around and mishandling his
wife. His superiority does not entitle him to behave tyrannically nor to ride
rough-shod over the rights of his wife.
It is of utmost importance that husbands understand that their dominance is
not permission for extracting service from wives by coercion, pressure, abuse
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19
and command. Many husbands labour under the false notion that because
they are the qawwaamoon (rulers) women, they possess the right of
enslaving their wives. This attitude is repugnant to Islam. It is an attitude of
zulm which the Shariah does not allow. It is true that the Shariah commands
woman to obey her husband and tolerate patiently his excesses. But, this
Shar’i command does not permit the husband to take advantage of his
superiority to make a servant of his wife.
Husbands do not restrict their injustice to only the imposition of tasks and
duties on their wives. They transgress the limits further by abusing, insulting
and physically assaulting their wives. Such dastardly behaviour of zulm does
not or should never form part of the Muslim husband’s character. Rasulullah
(Sallallahu alayhi wasallam) said:
“Abusing (i.e. verbally swearing – using vulgar language) a Muslim is
fusooq (an immoral act of transgression) and fighting with a Muslim is
an act of kufr.”
By their general behaviour, husbands imply that good behaviour and civil
conduct apply only to outsiders. It is, therefore, generally observed that a
husband who behaves like a brute at home, adopts a good disposition and
shows good moral behaviour – at least superficially – in his relationship and
dealings with those who are not his family members. He will act with
discretion, swallow his pride and restrain his temper in his dealings with
outsiders. But, when he deals with his wife and children, he shows
intolerance and displays his annoyance and vents his anger.
In this un-Islamic exhibition of bestial attributes, the husband is not
motivated by any altruistic intentions for the Deeni and worldly well-being of
his family. He simply answers the call of his nafs. At the behest of his nafs, he
blows his top. He abuses, swears and even resorts to violence. He only
succeeds in embittering the home relationship, polluting the environment
and alienating his family. A Muslim husband is not permitted to behave so
callously and seek to solve domestic problems by a demonstration of zulm.
It is necessary that there be uniformity in the conduct of a Muslim man.
Acting the role of an oppressor at home while presenting a benign and
benevolent attitude outside the home is a type of hypocrisy. A man’s
behaviour in both public and private should be the same. Internally and
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20
externally the Muslim husband should be an embodiment of virtue and
responsibility.
Many husbands do not even consider their unjust actions towards their
wives as zulm. They feel that they are entitled to treat and maltreat their
wives as they please. They do understand and acknowledge injustice
perpetrated against others. But, their wives are not regarded in the same
light. Since the wife is the subordinate on, the husband feels that he will not
be held liable for his maltreatment of her. This is a grave error which he is
guilty of. Hadhrat Umar (Radhiyallahu anhu) said:
“Verily, we have been forbidden from assaulting those who perform
Salaat.”
In addition to her performance of Salaat, the wife enjoys a bond of love with
her husband. Besides this, the husband should consider the following very
important and significant issues:
She slaves for him, executing a variety of duties which the Shariah does not
compulsorily impose on her. Be she sick or tired, she is perpetually on call
and duty.
He derives comfort and rest in her. The Qur’aan states this fact.
She has been made lawful for his comfort, rest and pleasure on the Name of
Allah Ta’ala. She is, therefore, an Amaanat assigned to the husband’s care by
Allah Ta’ala. She is Allah’s property, not man’s property. Allah Ta’ala gave her
to the man in good condition. He will, therefore, be answerable to Allah
Ta’ala for any abuse which he commits in this sacred trust.
She ensures his moral and spiritual purity by saving him from immorality.
Hence, Rasulullah (Sallallahu alayhi wasallam) said:
“Nikah is half of Imaan.”
With what heart can a man then abuse, insult and assault his wife? When it
is haraam to assault even a complete stranger simply because he performs
Salaat, how is it possible for a Muslim husband to abuse and assault his wife
who possesses all the noble qualities enumerated above? He must
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21
remember that on the Day of Qiyaamah he will not escape the Divine
Reckoning. Let him also remember that Rasulullah (Sallallahu alayhi
wasallam) said:
“Beware of the call of the mazloom (the oppressed one), for verily,
there is no barrier between Allah and the du’a of the mazloom.”
Every misdirected statement, every unjustified display of anger, every insult
and abuse are acts of zulm. The husband has no Shar’i right to respond with
anger and abuse when his wife commits little blunders, speaks to him
indiscreetly and annoys him with her laziness and lack of responsibility. He
has to remedy such conduct with wisdom and kindness.
When she violates his rights, he should not become demanding. He is under
Shar’i obligation to forgive her and overlook her faults. Most assuredly, she
has a higher status than her servant. It is incumbent that the husband treats
her with the highest degree of love, consideration and understanding. When
the Shariah has ordered benign treatment for a servant, then it will not be
difficult to understand the type of attitude a husband should at all times
have for his partner of love.
Hadhrat Abdullah Ibn Umar (Radhiyallahu anhu) narrates:
“A man came to Nabi (Sallallahu alayhi wasallam) and said: ‘O
Rasulullah! How many times should we forgive the servant?’
Rasulullah (Sallallahu alayhi wasallam) remained silent. The man
repeated his question and again Rasulullah (Sallallahu alayhi wasallam)
remained silent. When the man repeated the question the third time,
Rasulullah (Sallallahu alayhi wasallam) said: ‘Forgive him seventy times
every day.”
Husbands should examine their attitude towards their wives in the light of
this Hadith. If the servant has to be shown so much toleration and kindness,
how much understanding should we show to our wives? Instead of showing
kindness and seeking to solve a problem with wisdom, the husband reacts
vengefully, callously and in a most un-Islamic manner.
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22
Understanding Women
Rasulullah (Sallallahu alayhi wasallam) said:
“Be kind to women, for verily they have been created from a rib. The
most crooked rib is the uppermost one. If you seek to (entirely)
straighten it, you will break it and if you leave it, it will remain crooked.
Therefore, be kind to women.” (Bukhari and Muslim)
“Verily, a woman is like a rib.” (Bukhari)
“A woman is like a rib (crooked). If you straighten her, you will break
her. If you derive benefit with her, you will derive it from her while
there is crookedness in her.” (Bukhari)
“I have not seen any person of greater deficiency in intelligence and
Deen than anyone of you (women). You (are capable) of capturing the
intelligence of a wise man…” (Bukhari)
In these Ahadith, Rasulullah (Sallallahu alayhi wasallam) is not imparting
lessons in physiology. While stating the origin of woman and her
psychological and physiological weakness, the aim is to draw man’s attention
to her natural disposition and way of thinking so that he conditions his own
mind to counter her shortcomings with a great measure of toleration and
wisdom.
That woman was created from the left rib of Aadam (Alaihis Salaam), is a
literal and an Islamic truth, no matter how unpalatable it may seem to
western tastes. And, no matter how detestable it may appear to the thinking
of westernized Muslims and the vociferous proponents of the equality of
sexes, the Islamic truth is that Allah Ta’ala has created woman with deficient
intelligence. In relation to man, her thinking is defective, hence Rasulullah
(Sallallahu alayhi wasallam) draws our attention to the primordial origin of
woman. Her primeval crookedness described by Rasulullah (Sallallahu alayhi
wasallam) permeates her whole being just as the baseness of man’s
primordial substance, viz. sand, manifests itself in the lowly and bestial
conduct of man.
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23
Man having been created from sand, cannot entirely shed himself of
lowliness and base attributes. Similarly, a woman who was created from a
crooked rib will not be entirely without some crookedness in her natural
disposition and thinking even if she has attained an elevated moral and
spiritual rank.
In the Ahadith mentioned in this context, Rasulullah (Sallallahu alayhi
wasallam) informs us that:
1. There is obstinacy in woman’s natural disposition.
2. She cannot be expected to rise fully to man’s expectations.
3. She is short-sighted, i.e. she generally does not foresee the
consequences of her rashness.
4. If man comes down on her harshly, seeking to remedy her natural
crookedness and defective thinking, he will break her. This, according to
Rasulullah (Sallallahu alayhi wasallam), means talaaq. The marriage will
break down irretrievably.
5. The husband should proceed with her Deeni tarbiyat with wisdom,
understanding and toleration, never expecting too much from her.
6. It is not possible to achieve her full co-operation and obedience.
7. In spite of her weaknesses and defects, man should correctly utilize the
benefits, virtues and goodness which Allah Ta’ala has created in her.
It is with this frame of mind and conception of woman that a man must enter
the bonds of marriage. It is essential that he fully comprehends the
formidable problems which await him in marriage. So many marriages, so
soon after nikah, end up on the rocks. Frustration, despondency and shock
are experienced by husbands in their relationship with their wives because
they conceived marriage as a pure and perpetual bed of roses – of love,
comfort, mutual understanding and bliss. Such fantasies are highlighted by
the stupid conceptions of love propounded by westernism which has
overwhelmed the minds and lives of so many Muslims.
When a man has some understanding of the problems he will inevitably
confront in married life at the hands of a woman who is naaqisul aql
(deficient in intelligence), short-sighted and obstinate, then he will be better
equipped to deal with the problems which her natural disposition will spawn.
He will then understand that he cannot remedy his wife’s intransigence and
obstinacy by himself reacting with intransigence. He will understand that he
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24
cannot cure her of her indiscretion by retaliating abusively and violently. On
the contrary, he will only succeed to give further impetus to her natural
crookedness which will culminate in divorce.
In the programme for woman’s tarbiyat Rasulullah (Sallallahu alayhi
wasallam) has stressed kindness, toleration, understanding and benign
behaviour. Hence, he said that even a morsel of food lifted with love to the
mouth of the wife is an act of sadqah (charity).
The husband should now understand that he has brought into his home and
under his control the daughter of parents who love her, who have borne and
cared for her in travail upon travail. They have given their beloved daughter
to you on the Name of Allah. She has, thus, entered under your domination
as a sacred Trust to be protected, respected and cared for. She has not come
to your home as a servant to labour under the weight of impositions not
ordered by the Shariah nor has she come to you to be abused, insulted and
man-handled like so many husbands are guilty of.
Every act of sabr, kindness, understanding and wisdom which the husband
shows at home is a deed of charity for which the reward is great. If the
husband understands his role and her limitations and weaknesses, he will
then, at every step respond with affection and mercy, not with wrath and
intolerance.
Rasulullah (Sallallahu alayhi wasallam) said:
“Whoever has no mercy, mercy will not be shown to him.”
Therefore, in your dealings with your wife and children fear Allah.
The Meaning and Limits of Toleration
Undoubtedly, the Shariah stresses much the adoption of toleration in the
process of the family’s tarbiyat (spiritual and moral training). But toleration
should not be confused with obedience. In the Muslim home the
husband/father is the ruler. For the proper and successful tarbiyat of his
family it is essential that he remains the ruler. If an inversion of roles should
overtake the home, the consequence will be disorder, matrimonial
breakdown and failure of the process of tarbiyat. A husband who abdicates
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25
his role and submits to the dictation of his wife, paves the path of Jahannum
for his family.
The Shariah does not order obedience for the husband. He is not asked or
commanded to obey his wife. On the contrary, the wife is commanded to be
obedient to her husband.
The principle governing a husband’s toleration of his wife’s attitudes is the
Shariah. A husband is not expected to permit his family latitude to the
degree of Shar’i violations. When the wife’s desire is to commit
transgression, the husband is not permitted to appease her. It is his duty to
ensure that his family conforms to the Shariah. If he shirks in his duty, he will
be held liable by Allah Ta’ala for dereliction of duty. Rasulullah (Sallallahu
alayhi wasallam) said:
“The man is the shepherd of his family and he will be questioned
(about his family).”
Just as a father is under Shar’i obligation to ensure that his children perform
Salaat and adhere to the laws of the Shariah, so too, is it incumbent on the
husband to ensure that his wife performs Salaat and observes the laws of the
Shariah. If he overlooks her failure to observe the laws of the Shariah, such
condescension will not be described as legitimate toleration. Rather, it will
be said to be neglect and abandonment of one’s incumbent responsibility.
If the wife, for example, does not perform Salaat regularly, the husband
should be immensely concerned. But he should not react violently and
abusively in an endeavour to compel her to perform Salaat regularly. If he
does, in all likelihood he will not succeed. He should adopt gentle naseehat
(Deeni advice and admonition). He should explain intelligently her folly. After
repeated naseehat if she refuses to perform Salaat regularly, he should voice
his displeasure in a dignified way. If she persists in her neglect of Salaat, he
should refuse to eat the food she prepares. If this measure too fails to yield
results, the husband should separate himself from her bed. In most cases
there will not arise the need to adopt extreme measures. Most wives will
mend their ways after naseehat and a display of some displeasure. However,
if she is beyond reformation, which her intransigent refusal to perform Salaat
will confirm, then the best course will be the ultimate step of talaaq. A
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26
Muslim cannot live with a woman who hovers on the brink of kufr by her
rejection of Salaat.
If the wife insists on abandoning hijab or purdah, the husband cannot meekly
accept such evil and submit to her desires. He will have to resort to all means
of dignified persuasion he is capable of in a bid to make her conform to the
demands of Islam. Since he is the haakim (ruler), there is no reason why he
will fail. He will succeed in convincing her of her folly. But, most husbands
who claim failure in this regard, have themselves to blame. Either they adopt
corrective measures abusively, scornfully and violently or they themselves
set no example in the home. They themselves lead un-Islamic, immoral and
despicable ways of life, hence their naseehat makes no impact on their
families.
A man who requires his wife and daughter to be servants in his shop where
they come into contact with all and sundry, must not expect them to adopt
hijab and piety. When ghair mahram (male strangers) are attracted to them
or vice versa, this dayyooth (cuckold) husband/father should not be mystified
and react with shock and surprise. Illicit contact and relationships nowadays
are in vogue in places where Shar’i Hijab has been abandoned.
If a wife is so brazen as to leave the home without the consent of her
husband, only he is to be blamed. If his naseehat and other dignified
measures of convincing her of her folly fail to keep her at home, then
obviously it will signal the parting of the ways. There is no need for abuse
and violence. In conformity with the Qur’aan, the husband should simply opt
out of such a disastrous marriage and honourably set the woman free to go
her own way. When the wife has resolved to flagrantly violate the Shariah
and all measures of reforming her prove unproductive, then the best option
is:
“…release with honour.” (Qur’aan)
If the wife is adamant in any un-Islamic demand, e.g. she insists on a
television, the husband should under no circumstances condescend. He is
not allowed by the Shariah to comply with any of her haram wishes and
fancies. His tolerance is limited by the commands of the Shariah. Any
tolerance which overlaps the limits of the Shariah is not permissible. The
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27
Qur’aan Majeed says: “These are the limits of Allah, therefore, do not
transgress them.”
The Cuckold Husband
While the Shariah stresses greatly kindness, love, tolerance and
understanding towards the wife, Rasulullah (Sallallahu alayhi wasallam)
criticized the husband who lacks manly honour and permits his wife free
mingling with other males. Such a husband has been described by Rasulullah
(Sallallahu alayhi wasallam) as a dayyooth (cuckold).
Such a man is disgraceful and dishonourable. Despite having been divinely
appointed the haakim (ruler) of the home, the dayyooth not only abandons
his obligation of protecting the morals and modesty of his wife, but he also
brings spiritual ruin onto himself.
A man who lacks the honour and will of protecting his wife’s modesty by
permitting her to speak and associate with males, destroys his Deen and
oversees the destruction of the Deen of his family. Allah Ta’ala says in the
Qur’aan Majeed:
“O People of Imaan! Verily, some among your wives and your
children are your enemies, therefore, beware of them.”
When wives and children induce the husband to flout the laws of Allah Ta’ala
then they effectively play the role of enemies. There is no greater enemy
than the enemy of Imaan and Deen. A husband should not allow his family to
deflect him from the Shariah. He should not concede to the un-Islamic
demands of his wife and children. He should not buckle under the nagging
and insistence of his wife. For the sake of maintaining a false idea of peace,
he should not relent and fulfil the un-Islamic and haram desires of his wife
and children.
The limit of the husband’s tolerance and submission to the wife’s
indiscretion is the confines of the Shariah. In the matter of his rights, he
should accept her failings and shortcomings. When she backchats and passes
indiscreet remarks he should show tolerance. But, when she demands and
desires things which Allah Ta’ala has forbidden, then the husband should
refuse with such resoluteness which will not crack under her nagging. In the
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28
matter of obedience to the Shariah he should leave no ambiguity. From the
very inception his attitude in this regard should be well understood by the
wife. A woman who refuses to submit to the Shariah is prepared to ruin her
marriage. Let the decision be hers. If she refuses to live as a Muslim wife, let
her opt out of the marriage. A Muslim man cannot pass his life in the
company of one whom the Qur’aan has designated an enemy.
A Beautiful Standard
The Qur’aan Majeed states:
“For them (women) are (rights) similar to those on them, according
to the beautiful standard.”
Man here is told that just as there are rights and obligations due to the
husband, so too, are there rights and obligations due to the wife. The man
should not labour under the misconception that being the haakim, he alone
holds the monopoly of rights and obligations – that the wife is his slave, at
his mercy and to be content with whatever treatment he metes out to her as
his whims and fancies dictate. The Qur’aan dispels this notion.
Although the Qur’aan rejects the notion of equality of man and woman, it
calls man’s attention to the rights which Allah Ta’ala has granted her and
which man is obliged to honour. Lest the modernists deny the inequality of
the sexes, we cite the relevant Qur’aanic aayat:
“For them (women) are (rights) similar to those on them, according
to the beautiful standard. And, for men is a rank above them
(women).”
(Surah Baqarah, Aayat 228)
This aayat, while rejecting the notion of the equality of man and woman, also
rejects the idea of woman being devoid of rights. It reminds the husband of
her rights – of his sacred duty of executing the rights which Allah Ta’ala has
granted her. His superiority over her is not a licence to maltreat her and to
subject her to his indiscriminate will and whim. In extracting his rights from
her and in honouring her rights he should proceed in a beautiful manner,
adorning the crisp and dry legalities with the moral (akhlaaqi) code of Islam
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29
and the Uswah Hasanah (Beautiful Character) of Rasulullah (Sallallahu alayhi
wasallam). While the legal requirement is to provide the bare necessities and
provisions of the home, the husband should not confine himself to the legal
minimum. He should spend with an open heart, in a beautiful manner,
without wasting, to gain the love and pleasure of his wife and children.
When the need arises to reprimand his family, he should proceed with
dignity, decorum and do so honourably. In all aspects of her rights, he should
honour them diligently , honourably and always giving more while at the
same time not behaving like a tyrannical ruler when the wife fails to correctly
fulfil the rights due to him. The standard which the husband should adopt
must be beautiful, i.e. the example of Rasulullah (Sallallahu alayhi wasallam).
Patience, toleration and understanding constitue the essential ingredients of
the Beautiful Standard the Qur’aan orders for husbands in the role as the
Qawwamoon (rulers) of women.
The husband should adopt a beautiful attitude in his relationship with his
wife in all acts, requirements and demands, whether from his side or
emanating from her. A beautiful attitude should permeate all aspects of the
husband-wife relationship. Conjugal relations, provisions of the house,
providing Deeni ta’leem, enforcement of Shar’i rules, relationship with the
wife’s relatives, the wife’s indiscretion and whatever other situation there
may be attached to the home-relationship should all be subjected to
beautiful dealings. Sternness and exercise of his legal prerogatives to enforce
his decisions should be only as a last resort when the situation justifies such
action in the Deeni or worldly interests and welfare of his family.
As long as there is not infringement of Allah’s laws, the husband should
demonstrate toleration. A man cannot be a pious husband as long as he does
not learn to act honourably towards his wife and children.
Imposing Hardships on the Wife
Some husbands believe that by marriage they have gained a free servant – in
fact a slave. The wife is expected, in addition to her domestic duties, to tend
to the business as well. In violation of the Shariah, wives are expected to
stand in the shops of their husbands, exposing themselves to all and sundry.
A great cause for the breakdown of husband-wife relationship and the moral
ruin of the children is to take the wife out of her natural home-keeping role
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30
and casting her into an unnatural occupation. Standing in the ship or going
out to earn is not her duty. It is unnatural and an unjust hardship which the
husband imposes on her.
Along with such an imposition being haraam, it is beyond her natural physical
and mental capabilities to act out the role of both man and woman. It is cruel
for the husband to expect her to share a responsibility which the Shariah
squarely places on only him. By subjecting the wife to this unjust and
unlawful imposition, her mental and physical health suffers, the children are
neglected, the home is neglected and the Divine Law of Hijab is flagrantly
violated. The Wrath of Allah overtakes the home. A variety of calamities
settle over the family. The barkat from the business and the home
disappears. The introduction of this free, unpaid ‘servant’ into the business,
far from being beneficial, ultimately leads to ruin in both the home and shop.
No venture of a Muslim will succeed if the Commands of Allah Ta’ala are
disregarded.
The wife will be acting perfectly within the scope of her rights by refusing to
comply with the husband’s wish or order for them to work in his shop or go
out to earn. In fact, she is under Shar’i obligation to refuse such haraam
instructions of her husband. Rasulullah (Sallallahu alayhi wasallam) said:
“There is no obedience for creation in disobedience to the Creator.”
In other words, any instruction or desire which conflicts with the Law of Allah
cannot be accepted whether such an order is issued by the husband or
parents. A man should, therefore, understand that if he is annoyed by his
wife’s refusal to accept any of his unlawful commands, his annoyance is in
fact, directed against the Command of Allah Ta’ala.
Another hardship which some husbands impose on their wives is excessive
cooking for an inordinate number of guests. Guests in the home are a
pleasure and hospitality towards them is an Islamic teaching. A good wife will
not refuse to assist her husband in being hospitable to his friend and guests.
However, some men have extended their contacts – business and otherwise
– to such an extent that there is a continuous flow of people into their
homes. The wife is expected to cater for large numbers of people. She is
expected to slave in the kitchen, preparing sumptuous dishes for her
husband’s acquaintances. Great strain is put on the wife. In fact, in some
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cases the wife is reduced to misery by such slavery which has become a way
of life in some homes.
The husband remains insensitive and reacts with anger if his wife should
complain about these unjust impositions. He should understand well that he
has no right of imposing such tasks on her. While most wives are only happy
to cater for guests, the husband must understand that he has no Shar’i right
of imposing such tasks on his wife. Cooking for his friends and guests is not
among his rights. She is not obliged to do so. Thus, if a wife refuses to obey
her husband with regard to such tasks and impositions which she finds
difficult, he should not be offended. He will have to make his own
arrangements for feeding the large and continuous retinue of his guests,
friends and acquaintances.
Among the hardships which husbands impose on their wives is the task to
look after their (husbands’) parents. A wife, out of love for her husband, will
voluntarily tend to her husband’s parents. However, some women are not
inclined to be permanent nurses for their husbands’ ailing or invalid parents.
Caring for in-laws is not among the rights and obligations of Nikah. If the wife
refuses to tend to her husband’s parents, he has no Shar’i right of compelling
her. The husband should, therefore, not expect her to remain at attention to
his parents, answering to their beck and call. Marriage to a man does not
legalize the imposition of such tasks on a woman which the Shariah has not
included in the list of the husband’s rights to be observed by the wife.
Ignorance of each other’s rights (huqooq) leads to much friction and
bitterness. When the husband understands the limits of the Shariah, then he
will realize his error and refrain from expecting his wife to submit to his
every whim, fancy and order. If she is not inclined to look after his parents or
refuses to do any task imposed on her by her husband, he should not take
offence nor quarrel with her nor behave vengefully even though the task
may be meritorious and ordinarily considered to be a duty to be rendered by
the wife. If the Shariah has not imposed a task on her as a demand or right of
nikah, the husband is not entitled to compel her to accept his wish in this
regard. No matter how much he is grieved by her refusal, he should mentally
accept it and behave as if he is not affronted by her attitude.
When a husband reacts honourably, the wife will sooner or later be put to
shame. When in spite of her shortcomings, laziness and disinclination, the
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32
husband continues to observe his duties and obligations, a wife with any
sense of honour is sure to feel ashamed of herself. The Qur’aanic injunction:
“Ward off evil with what is better.”
should be applied in the relationship with the wife as well. Display of good
mannerism is not only with outsiders. Akhlaaq (good character) should begin
at home in one’s relationship with one’s family.
The duty of caring for parents devolve on their children, not on the wives of
their children. Among themselves, children should care for their parents.
They should not impose this duty on their wives if they are unwilling. To do
so is unjust and oppression.
Some husbands do not regard as zulm (injustice and cruelty) the excesses
they commit on their wives. They do understand the evil of injustice, but the
wife, is excluded from the scope of this understanding. The man has
convinced himself that the wife is here to obey, submit and slave. The notion
of injustice does not occur to some husbands in regard to their dealings with
their wives. Zulm in a variety of forms is, therefore, perpetrated on
defenceless wives who were made lawful for the rest, comfort and pleasure
of husbands in the Name of Allah Ta’ala.
It is essential for husbands to understand that all impositions of hardship on
wives and the imposition against their will of tasks which are not obligations
of the Nikah are zulm. For such injustices the husband will be arraigned in
the Divine Court in the Aakhirah.
Husbands oppress their wives in a variety of ways without even
understanding their acts to be zulm. In this regard the following comments
and naseehat (advice and admonition) of Hadhrat Maulana Masihullah are
most appropriate:
“Oppressing wives is a common form of zulm among numerous people.
Husbands mete out injustice to them in many ways. People tend to
understand that wives are slaves, hence maltreatment of wives is
widespread. Husbands are not prepared to tolerate the slightest
inconvenience or displeasing little acts emanating from their wives. The
husband expects that his wife will never back-answer him. Should she back-
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33
answer him, he flares into a fit of abuse and vulgarity which at times lead to
talaaq. The lightest argument leads to strain in relationship and the
husband suspends talking to his wife. He sulks in her presence and the
atmosphere is transformed into a state of mourning. Little does he realise
that among the rights of the wife is that the husband should tolerate her
little acts of misbehaviour and impatience. Rasulullah (Sallallahu alayhi
wasallam) said that woman was created from a crooked rib. There is,
therefore, some crookedness in her character. If one attempts to straighten
her completely, she will be broken. Man is required to bear with her and to
derive benefit from her while tolerating her weaknesses and defects.
The question of Huqooqul Ibaad (the rights and obligations towards
creation) is not a simple or an insignificant matter. Trampling on the rights
of a person brings about destruction even in this earthly life. In addition,
punishment awaits the violator of huqooqul ibaad in the Aakhirah. There
are many ways in which these rights of others are violated e.g. the rights of
the wife. A wife has many rights over her husband. Numerous husbands
among us fail to uphold these rights and oppress their wives.
“Some husbands suspend their relationship with their wives and strike up a
connection with other women. This is indeed an act of grave oppression
(zulm). Husbands should refrain from such dastardly cruelty and adopt a
cheerful and loving relationship with their wives. It is essential for the
husband to adopt a cheerful attitude with his wife. He must fear Allah
Ta’ala and never resort to zulm against his wife. Allah Ta’ala has power over
him. If the husband is not careful in this respect, it is quite possible that
Allah Ta’ala will overtake him with some calamity. Someone who will
oppress him may be appointed over him in retribution for his injustice
committed against his wife.
“In most cases the consequences of zulm are experienced here on earth. In
bygone times (among nations prior to the advent of Islam) punishment for
oppression was divinely meted out on the spot immediately on
perpetration of the injustice. Such punishment would be there for all to be
seen. In view of the special mercy of Allah Ta’ala on this Ummah, the
punishment is not inflicted openly for all to see. The punishment arrives in
a veiled form, hence people do not understand that it (the punishment) is
in fact the consequence of the oppression which was committed. People
overlook the causes and attribute such resultant calamities merely to their
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34
material and mundane causes when in actual fact it is the punishment for
the zulm, especially when the oppressed had cursed the oppressor. The call
of the oppressed is readily accepted by Allah Ta’ala. Rasulullah (Sallallahu
alayhi wasallam) said:
‘Beware of the curse of the mazloom (oppressed), for verily, there is
no veil between it and Allah.’
In the holy institution knows as home created by the sacred Nikah Bond,
the wife is the amaanat (trust) of Allah Azza wa Jal assigned into the
custody of the husband. He is undoubtedly the haakim (ruler) of his wife
and the home. But, with what face will he stand in the presence of Allah
Ta’ala on the Day of Qiyaamah with the burden of abuse, ill-treatment
and zulm which he had perpetrated on the amaanat which he took for his
benefit and comfort in the Name of Allah?”
The Wife’s Right to Separate Living Quarters
This is a very contentious and delicate issue. It leads to much disappointment
and bitterness. Marriages too break up on this issue. The husband should
understand that separate living quarters is the wife’s Shar’i right. It is her
inviolable right. The husband is under Shar’i obligation to provide his wife
separate living quarters if she insists on this right of hers.
The excuse of the husband’s parents insisting on their daughter-in-law living
together with them is not tenable in the Shariah. The husband will be
committing a grievous sin if he refuses to fulfil this waajib (compulsory) right
of his wife. Separate living quarters do not necessarily mean a separate
house. If the house is big enough, her quarters should be demarcated with
the keys in her possession.
Privacy in the home is her inalienable right and, in fact, necessary. Many a
time, the mother-in-law intrudes in the daughter-in-law’s privacy. She
considers such unlawful intrusion justified and her right simply because the
girl happens to be the wife of her son. But the Shariah does not give the
mother-in-law any such right by which she is entitled to invade the privacy of
her daughter-in-law. The wife has the Shar’i right of debarring her mother-in-
law from entering her room. While good wives treat their mothers-in-law
with utmost respect, the latter should not take advantage of their daughters-
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35
in-law. They should respect them and seek permission before entering the
room of their daughter-in-law.
Some mothers-in-law consider it their right to even open the cupboards and
wardrobes of their daughters-in-law to examine the contents. This is a
despicable invasion of privacy, a show of scant respect and unlawful in terms
of the Shariah.
Commenting on the wife’s right to live separately, Hadhrat Maulana
Masihullah says:
“It should be borne in mind that it is not permissible to obey any person
who violates Allah’s Law and acts contrary to the Shariah. Thus, if the wife
wishes to live apart from her in-laws, it is only her right which the
husband is bound to fulfil. In fact, in these times there is greater benefit in
living separately. Arguments, disputes, ill-feeling and misery are usually
the consequences of living together with in-laws. In the majority of cases,
old ladies harass their daughters-in-law. If it argues that daughters-in-law
nowadays are very ill-mannered and rude to their mothers-in-law, then
too, the situation requires living apart to avoid the friction which leads to
calamitous results. In living apart, the man will be in a better position to
serve correctly both his mother and wife.”
Living separately does not mean that the man should sever his ties with his
parents. If this is the demand of his wife, then obviously he cannot accept
such unlawful demands.
Living apart will even engender a greater bod of affection between the
daughter-in-law and her mother-in-law. Each one will be living in her own
domain without the scope of one abusing and usurping the rights of the
other. The scope for incompatibility will be narrowed mutual friction which
gives rise to bitterness in which the man is trapped between two evils, is thus
eliminated or at least, vastly reduced.
If the wife insists on living separately and the husband refuses, she is entitled
to apply to an Islamic court which will compel the husband to fulfil her haq
(right). Although there are no Islamic courts nowadays in our country to
enforce Shar’i laws, husbands should not forget that the day when they will
be hauled to stand trial in Allah’s Court is not too distant. Rasulullah
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36
(Sallallahu alayhi wasallam) said that the intelligent Mu’min is he who makes
preparation for the Aakhirah. It, therefore, does not behove any Muslim to
go into the Divine Presence loaded with the despicable burden of zulm.
The man is not permitted by the Shariah to obey such wishes and orders of
his parents which lead to the violation of his wife’s rights.
Home Expenses
Husbands, sometimes on the instructions of their parents, withhold
adequate maintenance from their wives. Times and norms change. Standards
of expenditure which had prevailed during the days of parents do not hold
good in the present day. However, some parents whose ideas have not
adjusted to the times regard the expenditure of their daughter-in-law to be
excessive and wasteful. Although there may not be any wasteful expenditure
involved, the mother-in-law interprets her daughter-in-law’s spending to be
lavish. She attempts to influence her son and to exercise control over his
income. Some husbands mistakenly believing that absolute obedience to
parents in all aspects is essential, allow their mothers to be in charge of the
financial expenses of the home. Commenting on this unlawful state of affairs,
Hadhrat Maulana Masihullah said:
“Some husbands withhold adequate maintenance from their wives while
others again unjustly assault their wives. Another wrong perpetrated
against the wife is that the husband hands over his total earnings to his
parents while the wife is held under the obligation of his parents who, at
times, are insensitive to her wants and needs.”
In the matter of expenses, neither should there be waste nor miserliness.
The husband has to take into consideration the standard of living his wife
enjoyed in her parents’ home. It is his duty to keep her comfortable and
happy by spending on her within his means. Squandering and spending more
than one’s budget are neither advocated nor permissible. But many wealthy
husbands curtail expenses because of stinginess. They are inconsiderate of
the needs and desires of their wives.
Spending on bare necessities is not sufficient for love and a happy home.
It is waajib (compulsory) that the husband provides a maid to assist his wife.
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In making available these provisions to keep his wife comfortable and happy,
the husband should not feel that he is making too much of a sacrifice. When
a man brings a woman – someone else’s daughter – into his home as his
wife, he must understand that he has not engaged a servant. He has brought
her for love and comfort which he expects of her and she of him. The
Qur’aan describes this mutual love and comfort of husband and wife most
beautifully in the following terms:
“They (women) are a garment for you, and you are a garment for
them.”
For the maintenance of this love and comfort, the husband should spend on
his wife with an open heart, but within the limits of his income.
The husband should also remember that his wife too goes out of her way to
make him comfortable. Despite her weaknesses and indiscretions, she has
her husband’s rest and pleasure uppermost in mind. In this regard Hadhrat
Maulana Masihullah comments:
“Women’s indiscretion is also sometimes due to her simplicity. She thus
lacks guile and deceit. Such women are generally very chaste and
honourable. In spite of their indiscretion they are obedient to their
husbands. It is observed that many wives, although themselves sick, will
go out of their way to nurse their sick husbands. For the sake of their
husbands’ comfort they are prepared to sacrifice their own health,
comfort and rest. They become oblivious of their own sickness in the
interests of their husbands. Their main concern is for the health, rest and
comfort of their husbands. Another very laudable trait in such simple,
chaste and modest women is their habit of eating last. They will first serve
their husbands, the children and guests. Only thereafter will they sit down
to eat. At times when the husband returns at midnight from a journey,
she sacrifices her rest and sleep purely in love for her husband and tends
to his needs. It should be remembered that women who make such
sacrifices of love for their husbands are the simple and chaste ones. It,
therefore, does not behove the husband to repay such sacrifice, kindness
and love of his wife with harshness and impatience. He should not
demonstrate anger nor rebuke her for every little thing which goes
against his grain or which does not meet his approval.”
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38
Talaaq (Divorce)
Rasulullah (Sallallahu alayhi wasallam) said:
“The most detestable of lawful things by Allah is talaaq.”
“Allah has not created anything on earth more detestable to Him than
talaaq.”
The word ‘talaaq’ is a term from which husband should recoil. It is not to be
treated lightly. Nowadays many husbands, due to ignorance, rashly
pronounce talaaq to their wives. Some husbands react dreadfully in an
argument with their wives and in anger they fail to restrain themselves. In a
blind rage they utter three talaaq simultaneously. The marriage is thus
irrevocably and finally terminated. After their anger subsides they regret
their pronouncement, but then it is too late for tears. Irreparable damage
has already been done and there is no way in which the couple can again
unite once three divorces have been administered. Every man who has
pronounced talaaq in anger was smitten by regret later. The husband who
issued three simultaneous talaaq regrets and sheds tears for the rest of his
life. There is no way in which the damage can be undone. He loses his loving
wife and his children are deprived of a home providing the protection and
guidance of united parenthood.
Although three simultaneous divorces are effective and valid, issuing talaaq
in this despicable way is among the major sins. The following Hadith in
Nasaai Shareef amply illustrates the gravity of issuing three simultaneous
divorces:
“Mahmud Bin Labeed narrated that Rasulullah (Sallallahu alayhi
wasallam) was informed about a man who had given three talaaq
together (all at once). Rasulullah (Sallallahu alayhi wasallam) stood up
in anger and exclaimed:
‘What! The Kitaab of Allah Azza wa Jal is being taken for a plaything
while I am yet present among you?’
A man stood up and said:
Az-Zaujus Saalih
39
‘O Rasulullah! Should I kill him?”
Rasulullah’s (Sallallahu alayhi wasallam) wrath prompted a Sahaabi to
request permission to slay the man who had uttered three talaaq
simultaneously. Yet, nowadays, husbands have taken the Qur’aan and the
Laws of the Shariah as ‘playthings’. Many men have ruined their marriages
with three divorces uttered in a rage during some stupid argument. Some
men display greater imperfection of intelligence than even women.
Allah Ta’ala has created women ‘naaqisul aql’ – defective in intelligence –
according to Rasulullah (Sallallahu alayhi wasallam). Hence, the right of
pronouncing talaaq is vested in only the husband. If the woman had
possessed the right to pronounce divorce, marriages would have been ended
daily. Her defective intelligence precludes her from realizing the
consequences of her actions. But, in these days many males also display
defective intelligence. A man who allows his anger to blind him and cause
him to issue three simultaneous talaaq cannot have an aql superior to the
intelligence of women.
Divorce is a destructive act which is to be given effect intelligently after great
reflection and as a very last resort. When the marriage has irretrievably
broken down and there no longer exists any hope for reconciliation, then
only should the question of divorce be considered. If after much reflection
the man resolves to divorce his wife, he should pronounce only one talaaq
during her state of tuhr (when she is not in the state of haidh or menses).
One divorce is sufficient to sever the Nikah Bond. However, in the event of a
reconciliation the couple can again unite in marriage.
In the present age, due to great ignorance of the Shar’i laws of divorce, some
husbands regard the word talaaq lightly. In the slightest argument with the
wife, talaaq is blurted out. Sometimes talaaq is pronounced many times over
a period, without the man realizing that his Nikah no longer exists and that
he lives with the woman in an adulterous state. It is, therefore, essential to
explain the laws of divorce in some detail. These rules should be studied well
and the gravity of talaaq be understood.
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40
The Effects of Talaaq
It is of utmost importance that people understand the delicate nature of
talaaq (divorce) and that they acquaint themselves with certain masaa-il
pertaining to talaaq. Many people due to ignorance are living in sin, their
Nikah having been terminated by talaaqs which they had blurted out in fits
of rage. Talaaq, whether uttered in anger or a joke, hatred or love, takes
effect and can never be totally effaced. In certain cases the effect of talaaq is
immediate while in other cases the effect is delayed or suspended and
comes into operation when certain circumstances apply. However, once a
talaaq has been issued, it can never be obliterated.
It is vital that it be understood that talaaq is a razor-sharp weapon – a loaded
firearm – which cannot be tampered with. The weakling who succumbs to his
anger and in an emotional fit blurts out talaaq, must remember that the
damage is done. He cannot undo the harm. Once a talaaq has been given, it
remains. In this article we shall, Insha Allah, in very simple terms explain so
much of the talaaq question, the knowledge of which is essential for
everyone. Without this knowledge of talaaq, people are liable to lead lives of
sin, living in adulterous states. Therefore, study this article well and
repeatedly at different times so that you may remember the masaa-il and
thereby maintain the purity of your life. Now understand firstly that there
are two classes of talaaq, viz.
Talaaq Sareeh and Talaaq Kinaayah
Talaaq Sareeh
Talaaq Sareeh is a clear-cut, straightforward divorce uttered. In this class of
divorce, the word talaaq or any other word derived therefrom, e.g. taliq,
mutallaqah, tatleeq, is uttered. If the Arabic term talaaq is not used, but its
equivalent in any other language is used, e.g. divorce, divorce, divorce, then
too the divorce will be in this category of Talaaq Sareeh. Example: the
husband says to his wife: “Talaaq,” or “You are a mutallaqah”, or “I have
given you talaaq.” All such statements will be talaaq Sareeh.
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41
The effect or result or consequence of Talaaq Sareeh is called Raj’i which
means that the talaaq can be revoked. If a Sareeh Talaaq is given, the
husband can recall his wife. The conditions for calling her back are:
1. He must recall her within her iddat which is a time period of three haidh
according to the Hanafi Math-hab, and according to the Shaafi Math-
hab a period of three tuhrs (i.e. periods of purity. Tuhr is the period of
purity between two haidhs). He cannot recall her after her iddat has
expired. If her iddat expires and he did not as yet call her, then the
effect of the Sareeh Talaaq no longer remains Raj’i (revocable), but is
changed into another effect of result known as Baa-in. once a talaaq
becomes Baa-in, the woman is no longer his wife, but becomes a
stranger. She is now free to marry anyone she wishes. If her previous
husband wishes to take her back and she agrees, then a new Nikah will
have to be performed. He cannot live with her without Nikah since she
no longer remains his wife because the talaaq is now Baa-in.
2. The number of talaaqs must not be more than two. Even if two Sareeh
Talaaqs were given, the same rule as explained in condition no.1 above,
will apply. He can recall here, without renewing Nikah, but within her
iddat. Once her iddat ends and he did not yet recall her then both these
Raj’i talaaqs become Baa-in which sets the woman free because the
Nikah is broken.
Important
•
The validity of talaaq is not dependant on the presence of witnesses.
Talaaq does not require witnesses like Nikah. A talaaq uttered verbally,
even in solitude, even in the absence of the wife, is valid and comes into
force.
•
If three Sareeh Talaaq are given, the effect will no longer be Raj’i nor
will it be Baa-in. Three talaaqs will be Mughallazah which is explained
further on in this article.
•
Talaaq Sareeh to be valid does not depend on niyyat or intention being
of no significance in this class of talaaq. So beware!
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Talaaq Kinaayah
Talaaq Kinaayah is such a divorce in which the word or statement uttered is
ambiguous, i.e. it can be interpreted in several ways. It contains the meaning
of divorce as well as other things. Example: A man says to his wife in anger:
‘Get out of my house!’ or ‘Go live with your mother,’ or ‘I have no
relationship with you,’ etc. etc.
These types of statements are dependent on the niyyat or intention of the
husband. If the husband says that in making these statements his intention
was divorce, then it will be talaaq. If he says that his intention was not
divorce, then it will not be divorce. Where he meant divorce, the effect of
the talaaq will be Baa-in. The effect, result or consequence of Talaaq
Kinaayah is Baa-in.
The meaning and effect of Baa-in is the complete severance of the Nikah
bond. The nikah breaks. The husband in this case cannot recall the woman
without renewing the nikah. If he wishes to recall her and she too agrees to
go back to him, nikah will have to be performed. If she agrees to remarry
him, the nikah between them can be performed even in her iddat. However,
if she decides to marry another man, she will have to wait until after her
iddat.
Important
•
In Talaaq Kinaayah too, he can remarry her only if the number of
talaaqs is not more than two. If he had given her three talaaqs, no
matter of which kind, be it Sareeh or Kinaayah, effect will be
Mughallazah which is explained hereunder.
Mughallazah
Mughallazah is the effect, result or consequence of THREE talaaqs,
irrespective of the class and kind of talaaqs given and no matter in which
way and at what time the three talaaqs were given, whether tree were given
on one sitting in a single statement or whether the three talaaqs were
scattered over a period of a number of years and no matter whether the
three talaaqs were given in the state of haidh or pregnancy. It is entirely
Az-Zaujus Saalih
43
another matter that issuing three talaaqs in contravention of the Shariah is
sinful. Nevertheless the three talaaqs become Mughallazah.
The consequence of Mughallazah Talaaq is the total immediate and
permanent breaking of the nikah. The man cannot remarry her, except in
one case, viz. if she marries another man and he, after having consummated
the marriage, i.e. after having had sexual relations with her, divorces her.
Only in this case can she remarry her previous husband.
Important
•
A talaaq, no matter of which class or kind always remains suspended. It
is never cancelled out. If a man has given one talaaq ten years ago, for
example, and today gives one talaaq, then two talaaqs will be
suspended. Now, if at any time in the future he again issues one talaaq,
the three talaaqs will come into operation. These three will now be
Mughallazah.
A Grave Eye-Malady
Allah Ta’ala says in the Qur’aan Majeed:
“(O Muhammad!) Say to the Mu’mineen (the believing men) that
they should lower their gaze and guard their privacy (i.e. abstain
from all haraam sex). That is purer (holier) for them.”
Gazing at females is a widespread evil. Indulgence in this spiritually
destructive evil is so rampant that it is not even considered to be wrong. It is
a malady which dulls the lustre of Imaan. This disease is a serious spiritual
offence for which severe punishment is sounded in the Ahadeeth of
Rasulullah (Sallallahu alayhi wasallam). Among the evil effects of this malady
is diversion from one’s wife. The husband’s attention is diverted from his
wife. Shaitaan and the nafs cause him to see his wife as being unattractive.
Once a man came to Rasulullah (Sallallahu alayhi wasallam) complaining that
he does not find his wife any longer attractive. Rasulullah (Sallallahu alayhi
wasallam) instructed him to withhold his gaze from other women. It is clear
from this advice of Rasulullah (Sallallahu alayhi wasallam) that the sickness of
casting surreptitious glances at women, in addition to weakening one’s
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44
Imaan, has a detrimental effect on the husband-wife relationship. The man
will progressively lose interest in his wife with far-reaching destructive
consequences to his Imaan and marriage.
Muslim males should understand that his malady is serious. It should not be
treated lightly. The fleeting pleasure derived by a haraam glance brings no
benefit. On account of unrestrained indulgence in this evil, men are deceived
by the nafs into believing that it is not possible to refrain from casting
glances at females. But this is a shaitaani thought. There is a need to exercise
only slight pressure on the nafs in order to curb the gaze straying in the
wrong direction. While an unintentional glance is not sinful, the deliberate
glance is a serious and a punishable offence. Rasulullah (Sallallahu alayhi
wasallam) explicitly stated this to Hadhrat Ali (Radhiyallahu Anhu).
Criticizing the lustful gaze, Rasulullah (Sallallahu alayhi wasallam) said:
“Every eye is an adulteress.”
The one who intentionally casts a glance towards a female is guilty of zina
(adultery) of the eye.
Hadhrat Jabir Bin Abdullah (a Sahabi) narrates:
“I asked Rasulullah (Sallallahu alayhi wasallam) about a sudden (an
accidental or unintentional) glance. He commanded me to divert my
gaze.”
In one Hadith, Rasulullah (Sallallahu alayhi wasallam) said that a man who
restrains his gaze will experience the sweetness of Imaan. The Shariah thus
places great emphasis on the guarding of the eyes.
Misdirecting the eyes is at the same time a form of zina and infidelity
towards one’s wife. This type of infidelity is also a kind of zulm (injustice)
perpetrated on the wife. Just at the husband expect faithfulness from his
wife, so too, does she expect him to be faithful. Undoubtedly, it will cause
her much grief if she had to know of the ‘zina of the eyes’ her husband
constantly commits.
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A man should ponder at his acts of infidelity. How would he react if he
discovers his wife casting surreptitious glances of zina at other men?
How can a man of honour hold his head high in the presence of his wife after
having indulged in the vice of the zina of the eyes – glancing at other
women? With what conscience can he stare his innocent wife in the face
after having polluted his eyes, mind and heart with zina of the eyes? It is
necessary to fear Allah. Call Him to remembrance and remember His
chastisement when the nafs directs one to disregard Allah’s prohibition.
Allah Ta’ala is fully aware of the surreptitious glances of mischief cast slyly by
the eyes.
The lustful gaze is the first stepping-stone towards the ultimate abomination
of zina. The starting point of moral depravity is the haraam glance, hence the
Qur’aan warns:
“Do not approach near zina.”
All acts which lead towards fornication are prohibited by the Qur’aan-e-
Hakeem.
The Muslim husband should also understand that if he casts lustful gazes at
the wives and daughters of others, then besides the various forms of
punishment in the Aakhirah and in this world, one other punishment here is
that other men will cast evil gazes at his wife and daughters.
Lustful and haram gazes also contribute towards sexual weaknesses even
though the kuffaar medical establishment is unable to discern the link and is
unable to understand such weakness being an effect of haraam gaze.
Corruption in the mind caused by the introduction of haraam through the
agency of the eyes darkens the rooh (soul).
Rasulullah (Sallallahu alayhi wasallam) said:
“When a Muslim whose gaze fell the first time (i.e. unintentionally) on
the beauty of a woman, lowers his gaze, then Allah will grant him such
an act of Ibaadat, the sweetness of which he will experience.”
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This is the wonderful spiritual reward even here on earth for curbing the
gaze and diverting it from the prohibitions of Allah Azza wa Jal.
Having Extramarital Affairs
Among the worst acts of zulm on a wife is a man’s involvement with another
woman beyond the confines of Nikah. Some men to soothe their conscience
and to justify or at lease minimize the notoriety of extramarital affairs will
produce a number of utterly baseless excuses. The nagging of the wife, her
laziness, her quarrelsome attitude, her disobedience, etc. will be cited as
reasons for the man’s affair with another woman. Let them understand that
even if their wives are truly disobedient, there is no permission and no
justification for initiating a haraam affair.
These western ideas are not tenable in Islam. How will a man feel if he
discovers his wife having an extramarital affair?
A husband who involves himself in such spiritual contamination betrays his
wife, his children and his Deen. He must think of his wife, faithfully at home,
doing her best for his comfort. She waits for him eagerly to come home. She
hero-worships him. She slaves for him when he is ill. She sacrifices her rest,
pleasure and comfort to ensure that he gets the maximum of rest and
comfort. She tends to his food and clothes. She looks after his children.
While she happily and faithfully busies herself for his benefits, he most
despicably and heartlessly stabs her in the back by ‘enjoying’ himself in a
haraam way with another woman. This is not among the ways of an
honourable husband. This is not the way of a Pious Husband.
In pursuing this abominable path like a miserable sewer rat, the husband
must tell himself that he is accountable for his misdeed to Allah Azza wa Jal –
he is accountable for his betrayal to his wife, he is accountable for his zulm to
his children.
A husband caught up in the wretched trap of an extramarital affair needs to
rudely and harshly break from the woman in whose clutches he has become
entrapped. If he is sincere and remorseful, and if he sincerely seeks Allah’s
aid, he can extricate himself from the quagmire of this heartrending situation
and spiritual pollution.
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Taking a Second Wife
Undoubtedly, Islam permits a man to marry four women. This is his
indisputable right ordained by Allah Ta’ala. The conditions for the
permissibility of polygamous marriages usually advanced by modernists are a
lot of apologetic drivel conjectured to appease western thinking. A man, in
terms of the Shariah, has the right to marry a second, third and a fourth wife.
It is his prerogative right with which no authority can tamper.
In spite of this inviolable right which a man enjoys, he has to understand that
another marriage brings about a duplication of responsibilities, added
responsibilities, greater worries and curtailment of man’s freedom.
Furthermore, the razor-sharp path of justice and equality between wives
which a husband has to compulsorily follow is no simple task. To a man who
is conscious of the Hereafter, the price to pay in a variety of ways for a
second marriage is extremely high. Rasulullah (Sallallahu alayhi wasallam)
said that a husband who does not mete out justice and equality to his wives,
will rise on the Day of Qiyaamah with half of his whole body paralyzed. And
this is not the end of his punishment.
In these times it is observed that most men fail to correctly discharge the
huqooq (rights and obligations) of even one wife and one set of children.
They fail in the proper execution of rights in all fields. When such men who
are defective in a variety of ways, take second wives, there results a greater
failure in the ability to observe the rights of now two wives and two sets of
children. They embroil themselves in a situation of frustration, hardship and
failure. They become saddled with numerous problems from which they
cannot extricate themselves.
Soon the burdensome problems and responsibilities of two marriages
become overwhelming and in consequence the second wife becomes just as
ordinary as the first wife. Just as the glamour of the first wife has become
concealed because of familiarity, so, too will be the fate of the second wife.
The man then regrets his rash decision of having barged into the second
marriage.
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A man should, therefore, never rush into a second marriage. Only when
there is a real and demanding need, should one venture into a second
marriage.
It is incumbent on the husband to give both his wives equal expenses and
equal nights. Even if one wife is not in need of an item, the husband will
compulsorily have to procure it for her if he has given such an item to the
other wife. An equal number of nights must be spent with both wives. In
these matters he has absolutely no choice.
If a man spends three nights with one wife, he is obliged to spend three
nights with the other wife. If he spends one week with one wife, he has to
compulsorily spend one week with the other wife as well. If he went to one
wife from the time of Maghrib, it is compulsory to begin the other wife’s
nights also from Maghrib. It will be a sinful act of inequality to commence
from Isha when the one wife’s time had begun from Maghrib.
In every aspect of financial expenditure, the man is obliged to mete out strict
equality. If he buys a pair of shoes for one wife, he is compelled by the
Shariah to buy a pair of shoes of the same quality and price for the other
wife even if she is not in need thereof. In these matters he is not allowed to
show preference to any one wife even if he loves her more than the other
wife.
In view of the exceptionally high standard of equality and justice demanded
by the Shariah, taking two wives is not an easy and pleasurable exercise. The
responsibilities of two wives descending on a man are too much for most
men weak of Imaan and defective in virtuous deeds. The consequences of
inequality and injustice are very grave in this world and worse in the
Aakhirah.
The Limits of a Husband’s Admonition
It does not behove a good and responsible husband to sleep out of the home
if his wife has angered him. Once a man came to Rasulullah (Sallallahu alayhi
wasallam) and asked:
“What is the right of the wife over the husband?”
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49
Rasulullah (Sallallahu alayhi wasallam) replied:
“He should feed her when he eats, he should clothe her when he
wears and he should not separate from her (in wrath) except in regard
to the bed…”
In other words, if the situation has deteriorated to a level that corrective
measures are deemed necessary to remedy her disobedience, the husband is
allowed to separate himself from her bed. He is not permitted to leave the
house in anger. Some husbands storm out of the home in anger and even
sleep out to punish the wife. Such action is not permissible.
Although the Qur’aan-e-Hakeem permits the husband, as a last resort, to
punish his grossly disobedient wife by even beating her, he is not allowed to
injure her or slap her in the face or beat her with a stick or use his fists on
her. The aim of the beating is not to injure, but to jolt her into realisation of
the gravity of the situation.
While admonishing her, he is not permitted to abuse her, insult her or use
vulgar language. Rasulullah (Sallallahu alayhi wasallam) said:
“Do not assault her and do not abuse her.”
Rasulullah (Sallallahu alayhi wasallam) also said:
“To abuse a Muslim is an act of immorality and to fight him is an act of
kufr.”
This Hadith applies in general to all Muslims. However, the wife is taken so
much for granted that husbands regard very lightly their acts of abuse and
assault against their wives. While they accept the hadith in relation to others,
they feel that by virtue of their superiority their abuse of their wives is not an
issue of much significance. But, in reality the strictures mentioned in the
aforementioned hadith have greater relevance when a husband abuses and
assaults his wife. In addition to being a Muslim, she is associated with him by
virtue of Allah’s Name. She came into his reign and custody as a sacred
Amaanat (Trust) by way of the holy Nikah bond. The husband’s respect and
concern for her should, therefore, be greater. He should remember that she
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being an Amaanat, having being acquired and made lawful on Allah’s Name,
he cannot treat and ill-treat her as he pleases.
When a man uses vulgar language to abuse his wife, he must understand
that he is showing scant respect for Allah Azza wa Jal. He brought her into his
home and she has been placed at his mercy in the Name of Allah. Allah’s
Amaanat should not be abused and insulted. By adopting such vile behaviour
the husband is, in fact, making a demonstration of his ingratitude to Allah
Ta’ala. Rasulullah (Sallallahu alayhi wasallam) said:
“…The best of the benefits of the world is a pious woman.”
When a virtuous wife is such a wonderful ni’mat (bounty) which Allah Ta’ala
has bestowed on the husband, then undoubtedly, abusing her will
tantamount to ingratitude to Allah.
A wife’s indiscretion and other habits which the husband may not prefer do
not negate her virtue in relation to the husband since he has already been
forewarned by Rasulullah (Sallallahu alayhi wasallam) that:
•
She was created from a crooked rib, hence some of her habits will be
crooked.
•
She is naaqisul aql – imperfect of intelligence
•
He has a rank above her. Thus she is naturally weaker than him.
While, undoubtedly, her infidelity and gross neglect of her waajib obligations
contaminate and destroy her virtue, her traits and habits which are
displeasing to the man do not justify his abuse, anger and maltreatment. He
should endeavour to transform her detestable attributes such as laziness,
indiscretion, carelessness, etc. with advice and admonition executed with
wisdom, patience and practical example.
Rasulullah (Sallallahu alayhi wasallam) warned husbands:
“Fear Allah regarding women (wives), for verily, they are by you
helpless. They have no control of anything for themselves (in your
custody). Verily, you have taken them as an Amaanat of Allah and you
have made them lawful for conjugal relations with the Word of
Allah…”
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Thus, when a husband feels like abusing his wife, he should remember the
Being Whose Amaanat she is. And, when he desires to exhibit his anger
against her, he should understand that Allah Azza wa Jal, Whose trust she is,
has greater power. There is no refuge from His Wrath. A pious husband is a
man of courage and magnanimity. He reacts with noble tolerance and
honour.
The Solace of the Wife
The Qur’aan Shareef states:
“He created from it (the one life) its pair so that he (man) may find
solace (peace and comfort) in her (his wife).”
Among the aims of marriage is the provision of solace – comfort, peace and
rest – for the man. Providing a servant in the house is not among the aims of
Nikah. In return for the solace she provides, the Shariah has commanded the
husband to compulsorily fulfil her material and spiritual needs.
The scope of the solace she has to offer excludes duties which the Shariah
has not ordained as huqooq (rights) due to the husband. The husband,
therefore, has no Shar’i rights to impose his whims and fancies on her. He
cannot order her to earn a living nor can he take her along to assist him in his
business. He cannot compel her to wash clothes or cook food. Although most
good wives take care of all domestic work, the husband cannot command
them with such tasks. It is his duty to make the necessary arrangement for
maids/workers according to his position and lifestyle.
Some husbands expect their wives to stand in the shop, cook the food and
tend to the children and other domestic chores. This is an unjust imposition.
The husband, in doing so, takes undue and unlawful advantage of his wife at
his mercy.
Some husbands may say that their wives are bored at home and insist on
going to the shop or to assist in the business. This excuse is unacceptable in
the Shariah. Since this demand of the wife to participate in the business
appeases the husband, he will find some excuse to accommodate her
haraam wish. If the husband condescends and allows his wife to enter the
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52
public domain with him in the shop, both of them will be sinners. The
husband is, therefore, obliged to ensure that his wife remains at home.
A good wife attends to domestic duties and tends to her in-laws because of
love for her husband. She sets aside her likes and dislikes to bring happiness
and pleasure to her husband. In so doing, she bestows favours in abundance
on her husband. She undertakes more than what she is obliged to do under
Shar’i obligation by way of the husband’s huqooq (rights). The husband
should, therefore, be grateful to her. He should not unnecessarily find fault
with her nor criticize her petty defects such as imperfect cooking, impatient
and rash talk, etc. a man has to compulsorily tolerate the indiscretion and
rashness of his wife.
When a husband feels dissatisfied with the slight imperfections of his wife,
he should call to mind her role and position in the home. He should reflect
on the warnings and advices given by Rasulullah (Sallallahu alayhi wasallam)
regarding the attitude he should adopt with his wife. If a man refuses to
reflect and contemplate, his intelligence will remain blighted and incapable
of controlling the inordinate dictates of the lowly nafs.
In view of the fact that Allah Ta’ala has made the wife a source of comfort
and solace for the husband, he should gratefully honour this divine bestowal
and conduct himself in a manner which shows that he is worthy of this
favour of Allah Ta’ala. He should not unnecessarily exhibit superiority. He
should not project at every turn the image of being the haakim (ruler and
boss) in the house. He should listen with love to even the nonsensical talk
and advice of his wife without submitting to anything any desire which
conflicts with the Shariah. Superior rank, order and command should be
summoned only when confronted by the intransigence of the wife in matters
of Shar’i concern.
The Wife’s Property
Western concepts such as community of property have no validity in Islam.
Any property/wealth belonging to the wife remains her property whether
she acquired the wealth before the nikah or during the subsistence of the
marriage.
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The husband’s role as the haakim does not entitle him to assume control or
ownership of her wealth. Some husbands exert haraam pressure on their
wives to gain control of their personal wealth. They manipulate the wealth of
their wives as if they have become the owners. In such action husbands
should not labour under any misunderstanding. They should not regard their
control of their wives’ property justified on account of them being husbands.
Usurpation and extortion perpetrated in regard to the wife’s personal
property are just as unlawful as usurpation and extortion committed in the
wealth of others.
A husband who utilizes and misused his position to pressurize his wife so as
to extract her personal property is guilty of a heinous act of zulm (injustice),
the consequence of which are inescapable on the Day of Qiyaamah.
A husband who refuses to pay his wife’s mehr (dowry) will be resurrected on
the Day of Qiyaamah as an adulterer.
Debt owed to the wife remains an incumbent obligation on the husband in
the same way as he is indebted to other creditors. If he has not paid her debt
during his lifetime nor has she absolved him, then her right to claim her due
will extend to his estate. If her rightful claim is not satisfied here on earth, it
will have to be paid on Qiyaamah. However, some husbands are
exceptionally indifferent with regard to monies which they owe their wives.
According to Rasulullah (Sallallahu alayhi wasallam), a shaheed (martyr) will
be forgiven for all his sins, but debt. Since debt is a haq (right) related to
others, the obtainal of pardon is dependent on the payment of the debt or
the voluntary absolution by the creditor. This rule applies to the debt owed
to the wife as well.
Some husbands descend to the despicable level of using their wives as a
lever to extract money from her wealthy parents. This dastardly action is
downright extortion and a cruel manipulation of the wife. They pressurize
their wives to seek money from her parents. Should the parents refuse to
submit to the repeated, excessive and unjust demands of their son-in-law, he
does not hesitate in showing his annoyance and unjustified displeasure to his
wife. This cruel attitude is most unbecoming of a Muslim husband.
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Repossessing Gifts
Rasulullah (Sallallahu alayhi wasallam) said that a person who repossesses a
gift which he had made, is like a dog which licks up its own vomit.
In many cases, when a marriage breaks down, ending in divorce, the
husband goaded on by his parents, reclaims the expensive gifts such as
jewellery which he has made to his wife in happier time. This is abominable
and completely at variance with Muslim moral character. Repossessing gifts
given to the wife is not permissible. She becomes the owner of the items
which were gifted to her. It is, therefore, not lawful for the husband or the
wife’s in-laws to retain her jewellery, etc.
Expensive gifts of the wife usually remain in the custody of the husband or
his parents for safe-keeping. When the marriage ends in divorce, they refuse
to hand over the wife’s property, the sole motivation for their haraam
usurpation being spite. When the heart-breaking event of talaaq (divorce)
takes place, it is the incumbent duty of the husband to soften the blow.
Divorce is a great tragedy which should not be manipulated for commission
of injustice to the woman. Her property should be handed over to her
without any problems. The husband should honourably absolve himself of
his wife’s or ex-wife’s haq and not ignorantly drag the awful burden of zulm
with him into his grave. He has nothing to gain by reacting spitefully and
maliciously. He should not contaminate his soul by behaving like a dog licking
up its own vomit – i.e. repossessing gifts which he had made out of love to
his wife in happier times. Allah Ta’ala says in the Qur’aan Majeed:
“O People of Imaan! Do not devour your wealth among you in
baatil (ways)…”
Among the ways of baatil is to withhold the wealth of others – to refuse the
right of the wife – to repossess her gifts either because of spite or greed.
Severely condemning the evil practice of repossessing gifts made to the wife,
the Qur’aan Majeed says:
“And if you decide to change one wife for another wife (i.e. divorce
a wife and marry another woman) while you had already given
them abundant wealth, then do not take back from her anything.
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What! Do you repossess it by way of usurpation and flagrant
transgression?
And how indeed can you take it back after having mutually met
(i.e. after having consummated the marriage) and after they
(women) have obtained from you a sacred pledge?”
(Surah Nisaa)
When Divorce Takes Place
Allah Ta’ala says in the Qur’aan-e-Hakeem:
“Either retain (wives) according to Shar’i law (Ma’roof) or set
(them) free with kindness.”
When a marriage breaks down irretrievably and the couple decides on
divorce, the Shariah orders that the process of talaaq be effected judiciously
and without mutual recrimination, malice and spite. The tragedy should not
be compounded with dishonourable behaviour and attitude unbecoming of
Mu’mineen. The wife should be given her freedom with kindness so that
both man and woman may go their own paths to start afresh.
It is not lawful to terminate the Nikah bond in anger and with malice. To do
so is in conflict with the Qur’aanic injunction of granting the wife her
freedom with kindness. It is part of the Sunnah to bestow some gifts to the
woman who leaves the husband’s home as a divorcee. Allah Ta’ala states:
“When the women whom you have divorced reach (the end of
their) iddat, then either retain them according to the law (of the
Shariah) or set them free in a beautiful manner.”
In another verse, the Qur’aan Majeed commands:
“For divorced women there is some benefit (material benefit)
according to law (of the Shariah) – this is an obligation on the
Muttaqeen (those who truly fear Allah Ta’ala).”
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In addition to the expenses for the iddat period, the man should award her
some gifts to cushion the blow of talaaq. Some Sahabah bestowed expensive
gifts to their wives when divorce had occurred.
The occasion of divorce is not a time for exposing mutual secrets and for
washing dirty linen in public as is the practice in western society – a practice
which westernized Muslims have unfortunately adopted. The command of
Islam on such tragic occasions is:
“…set them free with kindness.”
The Bond of Holy Love
Rasulullah (Sallallahu alayhi wasallam) said:
“The noblest of you are those who are the noblest to their families…”
“Verily, among the most perfect Believers in Imaan, are those who are
best in character and kindest to their wives.”
Even lifting a morsel of food to the mouth of the wife has been given the
significance of an ibaadat. It is an act of love by which the husband derives
thawaab (reward in the Hereafter).
It was part of the Uswah Hasanah (Noble Character) of Rasulullah (Sallallahu
alayhi wasallam) to engage in light-hearted talk with his wives. Hadhrat Abu
Hurairah (Radhiyallahu anhu) said:
“Allah loves a man who caresses his wife. Both of them are awarded
thawaab because of this loving attitude and their rizq (earning) is
increased.”
A man is rewarded for even a drink of water he presents to his wife.
According to Rasulullah (Sallallahu alayhi wasallam) the rahmat (mercy) of
Allah Ta’ala cascaded on a couple when the husband glances at his wife with
love and pleasure and she returns his glance with love and pleasure.
When a husband clasps the hand of his wife with love their sins fall from the
gaps between their clasped fingers. Even mutual love between husband and
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wife serve as a kaffaarah (expiation) for sins. Rasulullah (Sallallahu alayhi
wasallam) said:
“When a man enters his home cheerfully, Allah creates, as a result of
his happy attitude, an angel who engages in istighfaar (prayers of
forgiveness) on behalf of the man until the Day of Qiyaamah.”
The holy bond of Muhabbat (love) which a husband is obliged to foster with
his wife does not permit a pious husband to howl and scowl at his wife. A
husband’s superiority and excellence preclude such depraved attitudes. His
attitude and behaviour should be calculated to engender pleasantness in the
home. Pleasantness invites the mercy of Allah Ta’ala.
Rasulullah (Sallallahu alayhi wasallam) said that when a loving husband sets
off from the home in the service of his wife and children, he is blessed with a
rank of spiritual elevation for every step he takes. On accomplishing the
service, his sins are forgiven. Among the acts of thawaab and special
significance to be rendered by the husband on the Day of Aashura (10th
Muharram), is to spend lavishly on his family. Lavishly should not be
understood to mean wasteful expenditure. Within the husband’s means he
should spend on them in greater measure on the Day of Aashura.
It is the husband’s duty to sustain the holy bond of family love. The bond
should not be disrupted by him showing impatience, annoyance and anger
whenever his wife acts childishly, stupidly and with indiscretion. His heart
must be big enough to absorb all such pettiness exhibited by his wife. After
all, Allah Ta’ala has awarded him a higher rank, a higher intelligence and
greater restraint and willpower than the woman who has been created
naaqisul aql (imperfect in intelligence).
Rasulullah (Sallallahu alayhi wasallam) said:
“The love created for lovers (husband and wife) by the likes of Nikah
has not been seen.”
In Islam, true and enduring love comes after marriage. Such love is holy and
blessed by Allah Ta’ala. It is a love sanctioned by Allah Ta’ala. It is a love
which spiritually improves the condition of the husband and wife, hence
Rasulullah (Sallallahu alayhi wasallam) said:
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“Nikah is half of Imaan.”
The husband should cherish and treasure the love which is spawned by the
Nikah. This holy love is sufficient to overcome the mutual differences of
husband and wife. But it is only a man of piety – a man who possesses
understanding of the Sunnah – who will subdue his emotions and honour the
demands of the holy love produced by the Nikah bond by overlooking the
slight incompatibilities resulting from the differences in the temperament
and disposition of the husband and wife. For the sake of sustaining the love
which is mentioned in the aforementioned hadith, the pious husband will
constantly overlook and forgive the little and ineffectual outbursts of his
wife. His patience secures spiritual ranks and his sins are forgiven.
Among the physical benefits of the true love between husband and wife is
increase in the strength of the eyesight. Citing a hadith of Rasulullah
(Sallallahu alayhi wasallam), Allamah Sakhawi (Rahmatullahi alaih) says that a
glance cast at the face of the wife is beneficial for the eyesight.
Only a husband with good Islamic moral character will be able to offer the
best love to his wife. The love which a pious husband can show to his wife by
virtue of his excellent moral character can never be acquired by wealth,
physical comfort, luxury and worldly ranks. Such holy love cannot be gained
and sustained by only discharging the bare minimum legal rights of the wife.
The husband will have to provide more than just rights. He will have to make
sacrifices and in particular restrain his temper when the wife angers him with
her indiscreet and sharp remarks. The Auliya have said that a husband who
adopts sabr (patience) when he is confronted with the intransigence of his
wife attains the rank of a ghazi or a Mujaahid who returns victorious from
the battlefield. This is in line with the following Ahadith of Rasulullah
(Sallallahu alayhi wasallam):
“The true mujahid is he who wages Jihad against his nafs.”
“A powerful man is not one who overpowers another in physical
combat. Verily, a powerful man is one who controls his nafs at the
time of anger.”
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Woman as Naaqisul Aql
Modernists whose intelligence has been deranged by western ideas of the
equality of sexes take umbrage when they hear that Rasulullah (Sallallahu
alayhi wasallam) had designated women naaqisatul aql, i.e. having imperfect
or inferior intelligence in relation to men. Since this Islamic notion spelled
out by Rasulullah (Sallallahu alayhi wasallam) is not viewed with favour by
the proponents of the equality of the sexes and by the advocates of female
‘emancipation’, our modernist Muslim brethren enslaved to western thinking
suffer spasms of mental agitation and descend to ludicrous levels to provide
justification for their un-Islamic claims. In the attempt to bolster the western
concept of man and woman’s equality, they expose themselves to kufr by
refuting the authentic Ahadith of Rasulullah (Sallallahu alayhi wasallam).
Some reject the relevant authentic narrations on this subject while others
tender queer misinterpretations which have no Islamic validity. In a hadith,
while addressing a group of ladies, Rasulullah (Sallallahu alayhi wasallam)
said:
“… ‘I have not seen any naaqisat-e-aql and deen like any of you (women)
capable of absconding with the intelligence of an intelligent man.’
The women said: ‘What is the defect of our deen and aql, O Rasulullah!’
He replied: ‘Is not the testimony of a woman equal to half the testimony
of a man?’
The women replied: ‘Yes.’
Rasulullah: ‘That, then is the defect of her intelligence. Does she not
abstain from Salaat and Saum when she menstruates?’
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The women said: ‘Yes.’
Rasulullah: ‘That, then is the defect of her deen.”
(Bukhari Shareef)
This hadith is authentic and is also recorded in Muslim, Nisaai, Ibn Majah and
other books of the Shariah. Denial of the authenticity of this Hadith is kufr.
In this narration, Rasullullah (Sallallahu alayhi wasallam) describes females as
being naaqisatul aql (imperfect or defective in intelligence) and naaqisatud
deen (imperfect or defective in deen). In mentioning the imperfection of
women’s intelligence, Rasulullah (Sallallahu alayhi wasallam) was not
criticizing or rebuking them .In this regard, Qustulani (Rahmatullahi alaih)
says in Irshaadus Saari:
“The object of mentioning nuqs-e-aql and deen (imperfect of
intelligence and deen) in women is not to insult them on account of
these (attributes) because it (this imperfection or defect) is an integral
part of their creation.”
Rasulullah (Sallallahu alayhi wasallam) was merely forewarning women of
their attributes of ingratitude and verbal cursing and that they should
exercise caution in their relationship with their husbands.
The imperfection of woman’s intelligence in relation to the man’s aql is not
meant as a slur against her. It also does not mean that on account of this
imperfection she cannot attain divine proximity as men do. In fact, there will
be many women holding elevated ranks superior than many males in the
Hereafter. The question is, thus, not one of insulting women. The statement
made by Rasulullah (Sallallahu alayhi wasallam) is simply a statement of
factual reality which only ignoramuses will dispute.
Leaving all things aside, the simple truth is that Rasulullah (Sallallahu alayhi
wasallam) said that women are naaqis-e-aql. And, this suffices for the
Mu’mineen.
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The Creation of Women from the Rib of Aadam
(Alayhis salaam)
Islam teaches that Hawwa (Alaihas salaam), the first woman, was created
from the rib of Aadam (Alaihis salaam). This fact is very unpalatable and
embarrassing to our modernist brethren. This truth stated by Rasulullah
(Sallallahu alayhi wasallam) is incompatible with the kufr theories of man’s
origin conjectured by the atheist scientists to whom modernists are mentally
enslaved. Since those defective in Imaan are at a great and embarrassing
disadvantage on this question, they opt for the kufr of refuting Rasulullah’s
(Sallallahu alayhi wasallam) Hadith rather than being confronted by their
atheist masters of science who express their mirth when told of
transcendental truths which their kufr-impregnated minds cannot
comprehend.
But, those who believe in the absolute Qudrat (Power) of Allah Azza wa Jal
know that nothing is beyond His Power and that whatever has been reliable
transmitted as being the spoken words of Rasulullah (Sallallahu alayhi
wasallam), is the Truth from Allah Ta’ala.
The hadith in question which the modernists deny states:
“…Treat women kindly, for verily, they have been created from a rib.
And the most crooked rib is the upper rib…”
When Allah Ta’ala by His Power brought the entire creation into existence
from the state of pure non-existence, what then limits His power to prevent
Him from creating a human being from a rib? He created man from sand and
from a sperm dot!
This narration is recorded in the two most authentic Books of Hadith, Bukhari
and Muslim. It does not behove a Muslim to deny the sacred words of
Rasulullah (Sallallahu alayhi wasallam) merely to appease those who refute
Imaan and the existence of Allah Ta’ala.
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Hadhrat Umar’s Tolerance
Ameerul Mu’mineen Hadhrat Umar (Radhiyallahu anhu), the second among
the Khulafa-e-Rashideen, is famous for his nocturnal rounds, inspecting the
condition of the Ummah. He was also famous for his sternness and steadfast
execution of the laws of the Shariah. With regard to the Law of Allah Ta’ala,
he was incomparable in his attitude of firmness.
Once Hadhrat Umar’s wife sharply remarked:
“I know the motive for your nocturnal wanderings. Your motive is only
to peer into peoples’ homes to view the young damsels.”
This was indeed a baseless accusation which must have aroused the anger of
Hadhrat Umar (Radhiyallahu anhu). However, he did not display the slightest
anger. On the contrary, he calmly replied:
“Allah Ta’ala knows best that your allegation is not true.”
Here is a great lesson of Sabr for husbands.
A Wife’s Rights
•
It is incumbent on the husband to provide separate living quarters for
his wife.
•
The quarters provided for her should not be occupied by any members
of the husband’s family. She must be able to enjoy total privacy without
interference from anyone.
•
If the wife of her own accord prefers to live with her in-laws, then this
will be permissible.
•
Separate quarters for her may be provided in the same building or
house occupied by others. However, she must be able to have complete
control over her quarters with no one else having the right to intrude in
her domain. The lock/keys of her quarters should be in her possession.
•
The wife’s in-laws have no right of demanding to enter her quarters and
to inspect her rooms and belongings as is the habit of some misguided
mothers-in-law.
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•
While the wife is entitled to separate living quarters, she cannot
demand that she wants to live in a particular house, area or town. She
has to be satisfied with the quarters made available to her by her
husband.
•
Just as the wife has the right of preventing her in-laws from intruding
into her home, so too has the husband the right of debarring his in-laws
from entering the home.
Generally husbands fail in fulfilling the important and incumbent rights of the
wife in regard to separate accommodation. In most cases they are under
pressure from their parents who insist on their married children living
together with them under one roof and in the same house over which the
parents have full control while the daughter-in-law has to live in
subservience to her in-laws. This is Islamically an unjust and unlawful setup.
Parents of the husband should realize that in this unjust attitude they are
usurping the rights of their daughter-in-law – rights which the Shariah has
granted her. While it is to the advantage of the in-laws and perhaps to the
husband as well to live together, they have no right to act selfishly for their
own advantage when the matter concerns the rights of others. A daughter-
in-law is under no Islamic incumbency to serve her in-laws. It is entirely
another matter if she does. In doing so she will obtain great Thawaab. But,
service to in-laws cannot be imposed on her, neither by her in-laws nor by
her husband. This Mas-alah should be well understood.
Many mothers-in-law are the cause of misery for their daughters-in-law.
They apply unlawful and inconsiderate pressure on their sons in an attempt
to secure the domination of their daughters-in-law. This attitude leads to
conflict, misery and sometimes homes break up. If the rights of the wife are
considered from the very inception many marital problems will be avoided.
Parents-in-law should reflect that after marriage when a woman no longer
serves even her own parents, how can she be expected to serve her parents-
in-law? If she does, it will be only her goodness and a demonstration of her
love for her husband.
Many sons are in a quandary when it comes to a conflict in the demands of
parents on the one side and their wives on the other. The wife wishes to live
separately while her in-laws insist that she lives with them. In such cases of
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64
conflict, the son should measure the conflicting demands on the standard of
the shariah. If by fulfilling the wishes of parents the son is compelled to
violate or discard the waajib haq of his wife, then it will not be permissible
for him to obey his parents in this respect. While others can advise the
daughter-in-law to exercise patience and submit to the wishes of her
husband provided that the Shariah is not transgressed, the usurpers of her
rights cannot tender such naseehat to her. They have to rather take stock of
their own transgression and their injustice committed against their daughter-
in-law. On the Day of Qiyaamah the daughter-in-law will have a claim against
her husband and her parents-in-law for the violation of her rights – rights
which Allah Ta’ala has ordained for her.
A Husband’s Cruelty
Undoubtedly, Allah Ta’ala has appointed the husband as the ruler in his
home. In this regard, the Qur’aan Shareef says: “Men are the rulers over
women…” But, this appointment is no licence for the commission of zulm
(injustice and cruelty) on the female servants of Allah Ta’ala. It is indeed
heartrending to read the many letters of wives pouring out their stories of
husband-cruelty. In a very recent case, a wife (let us call her Saabirah) writes
that her husband assaulted her in the street, dropping her into the street
gutter in full public view because she committed the indiscretion of trying to
ascertain whether he was in the company of another woman. Saabirah is a
decent lady from a respectable home. She has been tyrannized and
persecuted by her husband. He left on Hajj without informing her. Although
she had offered to finance her own trip, he was not interested in taking her
along. What type of Hajj is he performing?
He left her without any maintenance while it is his fardh. Her story of woe
and sorrow is long and heartrending, but the heart of the zaalim remains
unmoved. His Hajj is no Hajj!
The case of Saabirah is just one example in many such cases of husband-
cruelty. Let husbands not delude themselves with the idea that they will
escape the Wrath of Allah Ta’ala. Husbands should remember that when
they wrong their wives, they will not escape the burden of their villainy as
long as they have not sought the pardon of their wives and obtained
forgiveness from them. The position of rulership in the home does not
permit injustice, harshness and cruelty. In their attitude of zulm, husbands
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65
are acting in violation of everything tender and merciful which Rasulullah
(Sallallahu alayhi wasallam) has commanded in the husband and wife
relationship.
Some husbands are of the opinion that they may treat and maltreat their
wives without there being the need to apologise, make amends and obtain
forgiveness from their wives. Remember that just as it is necessary to seek
forgiveness from others for hurt and harm caused to them, so too is it
necessary in the case of wives who have been wronged. Beating, assaulting
and abusing wives are not permissible. Such treatment is not permissible in
regard to even animals. The Shariah instructs husbands to tolerate the
indiscretions of their wives. As long as no Islamic law is violated, husbands
should be tolerant of the little slips and errors of their wives. A man
introduces the daughter of others into his home as his wife for a noble and
lofty purpose. She did not become his wife to suffer his maltreatment. She
sacrificed her parents and her family for the man’s comfort, rest and
pleasure. The purpose was not to bring her as a servant to cook, wash and
suffer under the husband’s cruel domination. She will cook and wash and
generally attend to the housework out of love for her husband and her
children, but the cruel husband is blind to her sacrifices. She is there at his
beck and call, but he remains indifferent, ghastly and unfeeling. While she
faithfully cares for the home, he wanders in evil pursuit after other women
to pamper his evil nafs. This is never the attitude of a Muslim husband.
Incidents such as these are not isolated examples. There are numerous
accounts of wife-bashing which we continuously receive from wives who are
subjected to the tyranny of their husbands these cruel episodes are the
consequences of the drift away from Islam and the adoption of the lifestyle
of the immoral and decadent west.
Baseless Suspicion of the Wife
Once a village-dweller came to Rasulullah (Sallallahu alayhi wasallam) and
said:
“My wife gave birth to a dark-coloured boy and I have denied him (i.e.
denied being the child’s father).”
Rasulullah (Sallallahu alayhi wasallam) said: ‘Have you any camels?’
Villager: ‘Yes.’
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66
Rasulullah: ‘What are their colours?’
Villager: ‘Red.’
Rasulullah: ‘Are any among them fawn in colour?’
Villager: ‘Yes.’
Rasulullah: ‘From whence has this colour come into them?’
Villager: ‘There must have been a camel of this colour among its ancestors.’
Rasulullah: ‘Perhaps there was someone of dark colour among the child’s
ancestors.”
Rasulullah (Sallallahu alaihi was sallam) refuted the man’s contention. He
was not permitted to deny parentage on the basis of a flimsy argument or
suspicion. It is not permissible to cast aspersions against the wife on the
basis of conjecture. It is indeed a most serious crime of slander to impugn
the honour of one’s wife on the grounds of baseless suspicion. Rasulullah
(Sallallahu alayhi wasallam) said:
“The man who (baselessly) denies his child, Allah will be concealed
from him (in the Hereafter) and Allah will disgrace him in the
multitudes of people (on the Day of Qiyaamah).”
The punishment in the Aakhirah is severe for a man who baselessly accuses
his wife of infidelity. Differences in the physical features of the child and its
parents do not constitute a valid basis for suspecting the wife of infidelity.
A Pious Husband is a Benevolent and Concerned
Father
The sacred responsibility of providing Islamic teaching (moral and spiritual)
to children devolves firstly on the father. Although the mother plays a
prominent and vital role in the Islamic upbringing of the children, this duty is
entrusted to the father in a much greater degree. The Qur’aan Majeed
orders husbands/fathers:
“O People of Imaan! Save yourselves and your families (wives and
children) from the Fire (of Jahannum).”
The goal of life is Allah Ta’ala and the Aakhirah, not material prosperity and
worldly perfection. The world has been created only as a means for the
Roohani (spiritual) development of mankind, hence Rasulullah (Sallallahu
alayhi wasallam) said:
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“Verily, the world has been created for you, while you have been
created for the Aakhirah.”
When the Mu’min’s final destination is the Aakhirah and his sojourn here on
earth is fleeting, he should understand that his priority is not worldly success
and perfection. It is wrong, un-Islamic and unintelligent, therefore, to apply
oneself to worldly pursuits to such an extent that one’s spiritual life and the
Islamic training of one’s family suffer detrimental consequences.
It is not lawful for the father to involve himself so much in business or other
worldly occupations that he cannot find adequate time to tend to the Deeni
Ta’leem and moral training of his children. In relation to his mundane
pursuits, the Deeni Ta’leem of his family has greater priority and by far
outweighs the importance of his business, profession and employment.
Most fathers mistakenly believe that by discharging their duties pertaining to
food, clothing and residence they have fulfilled their paternal obligations.
They delude themselves with the notion that the mother is in charge of the
children’s moral and spiritual welfare. This attitude and misconception have
resulted in gross neglect of fatherly responsibilities. Children are being
spiritually and morally destroyed by paternal abdication from the sacred
responsibility entrusted to them (fathers) by Allah Ta’ala. Rasulullah
(Sallallahu alayhi wasallam) said that a father has not awarded his child
anything better than good Akhlaaq (manners/character).
Making money does not at all feature among the goals of life. Mundane
pursuits should be restricted to needs and some comforts. These pursuits
should not be fixed as the goals of life to be chased after to the detriment of
our Roohani (spiritual) life for whose development and perfection Allah
Ta’ala has despatched man to earth for a temporary stay.
While many great Auliya had attained their distinguished pedestals of
Wilaayat (sainthood) as a result of pious mothers who had spared no effort
and pain in the spiritual and moral development of their children, there is no
gainsaying that most mothers are highly deficient in adequately controlling
and training their children along Islamic lines. Fathers who are engrossed all
day long and even during the nights in their worldly activities cannot find
time to tend to and supervise the akhlaaq and ta’leem of their children. In
this selfish and inconsiderate way they have adopted, fathers are rendering a
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grave injustice to their families and paving the path of ruin for the whole
family – ruin in this world and in the Aakhirah.
If a father feels that he cannot give his children greater attention and
concern than what he gives to his worldly pursuits, then at least he should
give them equal concern. It is indeed a crying shame and a colossal abuse of
trust that a man who has completely abandoned the Deeni training of his
children on the pretext of his profession/business, can find time during the
evenings and on weekends to spend time with friends in pleasure and
sporting activities. All excuses which parents present to justify their parental
neglect and to soothe their conscience are deceptions of the nafs. The
Qur’aan-e-Hakeem informs man of his tricks:
“But, in fact, man has insight over his nafs even though he puts
forth excuses.”
The miserable pretexts parents, especially fathers, advance for the
abandonment of their children’s roohani development will be inadmissible in
the Divine Court in the Hereafter.
It is imperative for the father to diligently supervise the Islamic training of his
children. He perpetrates gross dereliction of his sacred responsibility by
expecting the mother to administer this difficult task single-handedly. He
must necessarily take off time from his business to organize the training
programme of his children. At least, as a very minimum requirement, he
should spend much of his free time with his children – not with friends
enjoying himself while his children are involved in some satanic pursuits of
enjoyment during his absence.
Man’s function regarding children is not only procreation. Insaan (the human
being) is not a lowly beast which simply satisfies its sexual appetite thereby
becoming an unconscious agent for the perpetuation of its kind. Man has
sacred responsibilities to discharge. Among these, a vital responsibility is the
Deeni training of his family.
The entire Ummah has been destroyed and is today wallowing in
degeneration and corruption in every field. The prime cause for the
Ummah’s abject state of disgrace is parental neglect and their abuse of the
amaanat of children. Society consists of family units. If every parent executes
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correctly his/her duty of Amr Bil Ma’roof Nahi Anil Munkar and tabligh, every
family unit will become a spiritually and morally healthy force. With a
preponderance of families enjoying high moral fibre, the Nation of Islam will
become a powerful Ummah. Alas! Parents, especially fathers, have
abandoned their fardh tabligh. Those who possess some Deeni inclinations
expect others to tend to the spiritual reformation of their children. Dwelling
in such deceptions, they are the engineers of their children’s ruin.
In our book Al-Mar’atus Salihah (The Pious Woman), a chapter with the
heading, Rearing and Training Children, offers beneficial advice in this
sphere. The advice is not only for women. Men – fathers – too should ensure
that the training programme is diligently followed. Rearing and training
children are a joint responsibility with the man acting the major role.
Withholding Talaaq
Even when a marriage has irretrievably broken down and all hope of
reconciliation has long ago faded, some husbands spitefully refuse to issue
talaaq solely to punish the woman. Such callous action is cowardly and does
not befit a man of Imaan. The husband has nothing to gain from this spiteful
attitude which brings only more heartache and complications. The Qur’aan-
e-Hakeem instructs husbands:
“Either retention with beauty (and justice) or release with
kindness.”
When there is no hope of reconciliation and the husband intelligently
discerns that he will not be able to retain his wife correctly whether because
of his fault or her fault, then the honourable solution is to release her from
his nikah with kindness. Mutual recrimination and spite are most
dishonourable and in conflict with the Qur’anic command to release the wife
with ihsaan (kindness).
If the husband refuses to fulfil the rights of the Nikah, the wife can have
recourse to the Ulama who can, after due investigation, annul the marriage
and set the woman free from the clutches of a spiteful husband who
withholds talaaq solely to persecute his wife. However, if the woman is a
naashizah (disobedient) and for no valid reason leaves the marital home
without the consent of her husband, and furthermore, refuses to return
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despite the husband’s insistence, then no authority is empowered by the
Shariah to annul the marriage. Since the woman is clearly at fault, a decree
annulling the marriage cannot be issued. In such cases, some women whose
Deeni ties are slack are not bothered by the Shariah’s ruling. They stubbornly
refuse to return home and even strike up relationships with other men. She
passes her days in sin with absolutely no benefit accruing to the husband.
The husband should understand that as long as he refuses to issue talaaq to
a grossly disobedient wife who has abandoned the marital home, her
adultery will rebound on him. Any children she begets in consequence of an
adulterous affair will be regarded legitimate by the Shariah. Since the child
thus born, would have been conceived in the state of wedlock – still being his
wife – the Shariah decrees that it is the child of the husband, not that of the
man who had illicitly fathered it. Both the woman and the child will inherit in
the estate of the husband. It, therefore, does not pay to behave spitefully
and unintelligently by withholding divorce from a woman who refuses to
make a home with her husband.
The husband will only be adopting the honourable and intelligent course by
ending the marriage with talaaq. There is no sense in flogging a dead horse.
The pious husband who fears Allah Ta’ala, will act in his best interests, as
well as in the best interests of the woman regardless of the hurt and grief
she has caused to him. The Qur’aan-e-Kareem says:
“Verily, he who forgives and adopts patience, most assuredly, that
is of the great (noble) things (of virtue).”
The pious husband should overcome his emotions and release with kindness
a grossly disobedient wife who wants to be separated. Allah Ta’ala will
reward him with a pious wife for the consideration and patience he displayed
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The Balanced Way
Rasulullah (Sallallahu alayhi wasallam) said:
“The best of things are their balanced (middle) ways.”
In Islam there are no extremes. Islam shuns excesses. Moderation – the
middle path – is always advocated by the Shariah. The thrust of Rasulullah’s
advice and admonition to husbands is on kindness towards wives and
toleration. This should not be confused with obedience to the wife. There is a
distinct difference between kindness to wives and obedience to wives. While
the former is obligatory and laudable, the latter is not permissible and
repugnant.
Obedience to the wife, according to Rasulullah (Sallallahu alayhi wasallam) is
among the lesser signs heralding the event of Qiyaamah. In the later times of
evil and corruption, husbands will be subservient to their wives. They will
trample on the rights of their parents in obedience to the wishes of their
domineering and errant wives. The Shariah does not order husbands to
submit to the un-Islamic and unlawful desires, fancies and instructions of
wives.
The Hadith of Rasulullah (Sallallahu alaihi wa sallam) brands as a dayyooth
(cuckold) a husband who submits to the whimsical fancies of his wife who
freely mingles with strange men while the husband remains a meek
onlooker. Thus, obedience to the wife is not an Islamic teaching.
While the Shariah emphasises obedience to the husband, if exhorts kindness
to the wife. The husband has to be tolerant and kind towards his wife, not
submissive. He should know exactly where and when to draw the line
between kindness to the wife and submission to the wife. The dividing line is
the Shariah. If the wife’s wishes conflict with the Shariah, the husband’s
acceptance of such wishes will be unlawful obedience to the wife. His
patience when she acts with indiscretion towards him or when she fails to
correctly fulfil his rights, will be a laudable tolerance and kindness towards
her.
At home the man should not behave like a lion because a fierce and harsh
attitude is nugatory of the kindness and benevolence instructed by the
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Sunnah of Rasulullah (Sallallahu alayhi wasallam). But his kindness and
toleration should not merge into submissiveness, which causes him to obey
his wife’s unlawful inclinations and to follow her lead. Such a despicable
attitude negates his superior role as the divinely appointed haakim (ruler) of
the home.
There is a great difference between harshness and firmness. Most husbands
display harshness and lack firmness. When the wife commits an error in a
mundane matter or behaves somewhat indiscreetly, the man is quick in
reacting with anger. This is repulsive harshness. On the other hand, when the
wife flouts the Shariah, the husband maintains silence or shrugs off her
disobedience. Even if he chooses to advise her regarding her folly, he exhibits
a conspicuous lack of firmness. While he will not tolerate her squandering his
money, for example, he does tolerate her Shar’i violations.
A husband’s lukewarm attitude towards the Deen provides further impetus
for a woman to violate the Laws of Allah. It is vital that the husband spells
out unambiguously the pattern of life which his family will have to follow.
That pattern is the Shariah – the Sunnnah of Rasulullah (Sallallahu alayhi
wasallam). Her tantrums and naggings should never be allowed to bring
about deviation from the Siraatul Mustaqeem – the Straight Path, viz. the
Shariah. If the husband remains firm on the Shariah with dignity, the wife will
necessarily get the message soon and she will voluntarily submit. After all,
submission and obedience to the husband are her natural attributes.
A husband’s ‘toleration’ which permits his wife to discard Hijaab (purdah), to
attend un-Islamic and bid’ah functions, to neglect Salaat, to introduce
television into the home and to do anything which Allah Ta’ala has
prohibited, is not the kindness which Rasulullah (Sallallahu alayhi wasallam)
instructed the husband to show to his wife. Such misdirected ‘toleration’ is
evil, unlawful and an obedience to the wife which is Islamically
reprehensible.
Submitting to the wife’s desire that he severs his ties with his parents is not
showing kindness to the wife. Such rupture of sacred ties is haraam and
constitutes a major sin. The keep the peace with his wife, the husband is not
permitted to violate the huqooq of others or to perpetrate any act of
transgression.
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The pious man is expected to submit his emotions and attitudes to the
Shariah. His kindness, firmness, anger and toleration must be in the state of
equilibrium (I’tidaal) for them to be acceptable expressions of virtue in the
Shariah. Equilibrium is only within the confines of the Shariah. Thus, the
Shariah constitutes the criterion of Az-Zaujus Salih (the Pious Husband).
Conclusion
“…They (women) have taken from you a formidable pledge.”
(Surah Nisaa)
The ‘formidable pledge’ mentioned in this Qur’aanic verse is the Pledge of
Nikah. The wife is made lawful to the husband by virtue of the sacred Pledge
of the Nikah contract. The Nikah Khutbah is recited to solemnize the Nikah
Contract, indicating thereby that this Nikah is a sacred Pledge which is
sanctified in the Name of Allah. It is not a purely mundane contract like other
commercial dealings. Hence, Allah Ta’ala describes Nikah as Mithaaqan
Ghaleezan – a formidable, strong, powerful and sacred Pledge.
The responsibility of the Amaanat (Trust), viz. the wife, is entrusted to the
man by virtue of a sacred and solemn Pledge (the Nikah) which the husband
faithfully declares to Allah to honour. Thus, in his relationship with the wife,
he must never lose sight of this holy pledge enacted in the Name of Allah and
that he is in charge of Allah’s Amaanat.
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The Qur’aan Majeed commands:
“Deal with women correctly and with
“Deal with women correctly and with
“Deal with women correctly and with
“Deal with women correctly and with
kindness. If, then you dislike them, then it is
kindness. If, then you dislike them, then it is
kindness. If, then you dislike them, then it is
kindness. If, then you dislike them, then it is
possible that you dislike something while
possible that you dislike something while
possible that you dislike something while
possible that you dislike something while
Allah has created abundance of goodness in
Allah has created abundance of goodness in
Allah has created abundance of goodness in
Allah has created abundance of goodness in
it.”
it.”
it.”
it.”
(Surah Nisaa, aayat 19)