Monday, May 20, 2019

Case Study of Puan Hajjah Faiza Bawumi Essay

The family a complaisant institution is the most positive of exclusively fond groups and it is universal in its distri bution from time immemorial. It is funda custodytal and persistent social group, a basic social institution at the very cargon of society. The determine institutionalized in the family have long been regarded as important enough to warrant strong measures against either behavior that violated them. Not only has the family been defined as fundamental to the existence of society, but it has been viewed as a source of goodity and decent content. It has also been defined as a primary legions for controlling behavior and civilizing of human.The family is a group defined by a sex alliance sufficiently precise and enduring to provide for the reproduction and upbringing of tikeren. It whitethorn include collateral or infantryman relationship, but it is constituted by the living together of twosome forming with their offspring a distinctive unit of measurement y. This unit has certain common characteristics everywhere in human society. The following ar the five significant characteristics seen inseparable to the very nature of the family that whitethorn be met in extremely a ways. A copulate relationship A form of matrimony or other institutional arrangement in accordance with which the mating relation is established and maintained. A system of nomenclature, involving also a mode of reckoning descent. Some economic provision percentd by the members of the group but having e special(a) reference to the economic needs associated with child bearing a child rearing and generally, A common habitation, home or household.In Islam, contraception is mainly addressed in the context of conjugation and family. As a social system, culture, and civilization, Islam considers the family the basic unit of society. The Quran, Islams holy book and the primary source of Islamic law or Shariah, views marriage as sacred and identifies the preserve an d married woman as the principals of family formation. The Quran has a number of references to marriage, including the followingpicIt is He who created you from case-by-case soul andtherefrom did suck his mate, that he expertness d healthful in tranquility with her. (7 189)And idol has made for you mates from yourselvesand made for you out of them, children and grandchildren.(1672)These verses suggest that tranquility is an important purpose of family life and is touchd through marriage. Also, while procreation is expected in marriage to maintain the human race, internal relations in marriage need non always be for the purpose of having children. On this point, Islam departs from some other religions where procreation is the exclusive purpose of sexual relations. From the Islamic point of view, when procreation takes place, it should support and endorse tranquility rather than disrupt it.Thus, contraception helps families achieve tranquility by having children when they want t hem and when they ar prepared to have them. Because of the importance of family in Muslim societies, intelligent scholars from various Islamic schools of jurisprudence and from various locales have given considerable attention to contraception.MUSLIM FAMILYTHE construction OF MUSLIM FAMILYThere have been m whatsoever definitions and descriptions of the family. For our purpose, we shall adopt the following simplified definition. The family is a human social group whose members are bound together by the attach of origin ties and/or marital relationship. The family confiscate entails mutual expectations of mightilys and obligations that are prescribed by religion, enforced by law, and observed by the group of members. Accordingly, the family members share certain mutual fealtys. These pertain to identity and provision, inheritance and counsel, affection for the young and security for the aged, and maximization of social movement to curb continuity of the family.As can be clea rly seen from the above definition, the foundation of the family in Islam is blood ties and/or marital freights. Adoption, mutual alliance, clientage, private consent to sexual intimacy, and common law or trial run marriages do not institute a family in the Islamic sense. Islam builds the family on solid grounds that are capable of providing reasonable continuity, true security, and mature intimacy. The foundations of the family have to be so firm and natural as to nurture sincere reciprocity and moral gratification. Islam recognizes that there is no more natural relationship than that of blood, and no more wholesome pattern of sexual intimacy than one in which morality and gratification are joined.Islam recognizes the religious virtue, the social necessity, and the moral improvements of marriage. The normal rowing of behavior for the Muslim individual is to be family-oriented and to try on a family of ones own. married couple and family are central in the Islamic system. Ther e are many passages in the Quran and statements by the Prophet which go as far as to say that when a Muslim marries, he has thereby perfected half his religion so let him be graven image-minded and sleep slight of his other half.Muslim scholars have interpreted the Quran to mean that marriage is a religious occupation, a moral safeguard, and a social trueness. As a religious duty, it must be take oned but like all other duties in Islam, it is enjoined only upon those who are capable of meeting the responsibilities involved.1. The Meaning of MarriageWhatever heart and soul people assign to marriage, Islam views it as a strong bond, a challenging commitment in the fullest sense of the word. It is a commitment to life itself, to society, and to the dignified, meaningful survival of the human race. It is a commitment that married couples make to one another as well as to God. It is a kind of commitment in which they find mutual fulfillment and self-realization, love and peace, com passion and serenity, comfort and hope. All this is because marriage in Islam is regarded first and foremost as a righteous act, an act of responsible devotion. Sexual control may be a moral triumph, reproduction a social necessity or service, and sound wellness a gratifying state of mind. Yet, these values and purposes of marriage take on a special meaning and are reinforced if they are intertwined with the idea of God, if they are also conceived as religious commitments, and internalized as providential blessings. And this seems to be the focal point of marriage in Islam. To paraphrase some Quranic verses, mankind are calledto be dutiful to God, Who created them from a single soul, and from it or of it created its mate, and from the two of them scattered abroad many men and women (41).It was God Who created mankind out of one living soul, and created of that soul a spouse so that he might find comfort and rest in her (7107).And it is a sign of God that He has created men, of the mselves, mates to test in their company peace and tranquility, and has set between them mutual love and affection. Surely, in that are signs for those who weigh (3021). Even at the most trying times of married life, and in the midst of legal disputes and litigation, the Quran reminds the parties of Gods law it commands them to be kind to one another, truly charitable toward one another, and above all dutiful to God.It is noteworthy that the Islamic provisions of marriage apply to men and women as. For example, if celibacy is not recommended for men, it is equally so for women. This is in recognition of the fact that womens needs are equally legitimate and are seriously taken into consideration. In fact, Islam regards marriage to be the normal, natural course for women just as it is for men. It may even be more so for women because it assures them, among other things, of relative economic security.This significant additional advantage for women does not, however, characterize marr iage as a purely economic transaction. Indeed, the most peripheral aspect of marriage in Islam is the economic aspect, no matter how persuasive it may be. The Prophet is reported to have verbalize that a woman is ordinarily sought as a wife for her wealth, for her beauty, for the nobility of stock, or for her religious qualities but conjure and fortunate is he who chooses his mate for piety in preference to everything else. The Quran commands marriage to the spouseless and the self-righteous even though they may be poor and slaves (2432).On the other hand, whatever dowry (marriage gifts) a man gives his prospective wife belongs to her and whatever she may have acquired prior to or after marriage is hers alone. There is no necessary community of property between saves and wives. Furthermore, it is the husband who is responsible for the maintenance and economic security of the family. He must even provide the wife with the kind of help and service to which she was utilise before marriage, and, according to some scholars, she is under no legal obligation to do the routine housework, although she may do so, and usually does, for some reason or other, e.g. cooperation, economy, etc.2. The Performance of MarriageBecause Islam considers marriage a very serious commitment, it has prescribed certain measures to make the marital bond as permanent as humanly possible. The parties must strive to meet the conditions of proper age, general compatibility, reasonable dowry, ethical will, free consent, public-spirited guardianship, honorable intentions, and judicious discretion. When the parties enter into a marital contract, the intention must be clear to make the bond permanent, free from any casual or unpredictable designations. For this reason, trial marriages, term marriages, and all marriages that break through to be experimental, casual, or temporary, are forbidden in Islam. In one of his statements, the Prophet condemned the men and women who spirit frequent change of attendants, that is, the tasters, saying Allah does not like the tasters i.e. men and women who enjoy changing partners after passing(a) marriages.However, to insist on the permanent character of marriage does not mean that the marital contract is suddenly indissoluble. Muslims are designated by the Quran as a middle nation and Islam is truly a religion of the well-off mean, a well-balanced and well-integrated system. This is particularly clear in the case of marriage which Islam regards as uncomplete a sacrament nor a simple civil contract. Rather, marriage in Islam is something unique with very special features of both sacramental and contractual nature. It is equally true that the alternative to the extreme of casual or temporary marriage is not the other extreme of absolute indissolubility of the marital contract. The Islamic course is one of good and realistic moderation. The marriage contract should be taken as a serious, permanent bond. But it does not work w ell for any valid reason it may be terminated in good-will and honor, with equity and peace.3. The Husband-Wife RelationshipWith piety as the basis of spouse selection, and with the earnest satisfaction of the conditions of marriage, the parties should be well on the way to a happy and fulfilling married life. However, Islam goes such(prenominal) further than this in setting the course of behavior for husbands and wives. Many are the statements of the Quran and the Sunnah that prescribe kindness and equity, compassion and love, sympathy and consideration, patience and good will. In a part of a hadith the Prophet goes as far as to keep back that the best Muslim is the one who is best to his family. In another hadith he states that the greatest, most blessed joy in life is a good, righteous wife.The consummation of marriage creates revolutionary qualitys for the parties concerned. Each role is a set of equitable, pro good dealate rights and obligations. The role of the husband re volves around the moral principle that it is his solemn duty to God to overcompensate his wife with kindness, honor, and patience to keep her honorably or free her from the marital bond honorably and to cause her no ill-treat or grief (Quran, 2229-32 419). The role of the wife is summarized in the verse that women have rights even as they have duties, according to what is equitable but men have a degree over them (2228). This degree is usually interpreted by Muslim scholars in conjunction with another passage which states, among other things, that men are trustees, guardians, andprotectors of women because God has made some of them outdo others and because men expend of their means (Quran, 434). It may be likened to what sociologist call instrumental leadership or external authority in the household due to the division of labor and role differentiation. It does not, however, mean any categorical discrimination or superiority of one sex to the other.a. The wifes rights the husband s obligations. Translated into rules of behavior, these ethical principles allocate to the wife certain rights and corresponding obligations. Because the Quran and the Sunnah of the Prophet have commanded kindness to women, it is the husbands duty to consort with his wife in an equitable and kind manner. One specific resultant of this Divine command is his responsibility for the full maintenance of the wife, a duty which he must liberation cheerfully, without reproach, injury, or condescension.Components of maintenance Maintenance entails the wifes incontestable right to lodging, clothing, sustenance, and general care and wellbeing. The wifes residence must be adequate so as to provide her with reasonable level of privacy, comfort, and independence. Foremost is the welfare of the wife and the stability of the marriage. What is true of the residence is true of clothing, food, and general care. The wife has the right to be clothed, fed, and cared for by the husband, in accordance wi th his means and her style of life. These rights are to be exercised without either warmth or miserliness.Nonmaterial rights The wifes material rights are not her only assurances and securities. She has other rights of moral nature and they are equally binding and specific. A husband is commanded by the law of God to treat his wife with equity, to respect her feelings, and to show her kindness and consideration. She is not to be shown any aversion by the husband or subjected to suspense and uncertainty. A corollary of this rule is that no man is allowed to keep his wife with the intention of inflicting harm on her or hindering her freedom. If he has not love or sympathy for her, she has the right to assume freedom from the marital bond, and no one may stand in her way to a new life.b. The wifes obligations the husbands rights. The main obligation of the wife as a partner in a marital relationship is to contribute to the success and happiness of the marriage as much as possible. Sh e must be attentive to the comfort and wellbeing of her mate. She may neither offend him nor cut his feelings. Perhaps nothing can illustrate the point better than the Quranic statement which describes the righteous people as those who pray, Our Lord Grant unto us wives and offspring who will be the joy and the comfort of our eyes, and guide us to be models of righteousness (Quran, 2574).This is the basis on which all the wifes obligations rest and from which they flow. To fulfill this basic obligation, the wife must be faithful, trustworthy, and honest. More specifically, she must not deceive her husband by deliberately reverseing conception lest it deprive him of legitimate progeny. Not must she allow any other mortal to have access to that which is exclusively the husbands right, i.e. sexual intimacy. A corollary of this is that she must not baffle or entertain strange males in her home without his knowledge and consent. Nor may she accept their gifts without his approval. Th is is probably meant to avoid jealousy, suspicion, gossip, etc., and also to maintain the integrity of all parties concerned. The husbands possessions are his trust. If she has access to any portion thereof, of if she is entrusted with any fund, she must discharge her duty wisely and thriftily. She may not lend or convulse of any of his belongings without his permission.With respect to intimacy, the wife is to make her desirable to be attractive, responsive, and cooperative. A wife may not deny herself to her husband, for the Quran speaks of them as a comfort to each other. Due consideration is, of course, given to health and decency. Moreover, the wife is not permitted to do anything that may render her companionship less desirable or less gratifying. If she does any such thing or neglects herself, the husband has the right to interfere with her freedom to rectify the situation. To ensure maximum self-fulfillment for both partners, he is not permitted to do anything on his part th at may be quiet here gratification.

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