Wednesday, February 27, 2019

Case Study of Puan Hajjah Faiza Bawumi Essay

The family a affectionate institution is the nearly fundamental of each told social groups and it is universal in its distri neverthelession from time immemorial. It is fundamental and indomitable social group, a basic social institution at the real c be of society. The values institutionalized in the family crap long been regarded as important enough to warrant well measures against some(prenominal) behavior that go against them. Not further has the family been be as fundamental to the existence of society, but it has been viewed as a source of morality and decent content. It has also been defined as a primary force for falsifyling behavior and civilisedizing of tender.The family is a group defined by a sex relationship sufficiently precise and enduring to provide for the fostering and upbringing of boorren. It whitethorn let in collateral or subsidiary relationship, but it is constituted by the vivacious together of conjoin causeing with their offspring a distin ctive unity. This unit has definite common characteristics everywhere in hu manhood society. The following are the cinque signifi rumpt characteristics seen essential to the very nature of the family that may be met in extremely a ways. A mating relationship A form of uniting or a nonher(prenominal) institutional arrangement in consonance with which the mating relation is established and concorded. A system of nomenclature, involving also a mode of reckoning descent. Some frugal provision conductd by the members of the group but having especial reference to the economic needs associated with child bearing a child rearing and generally, A common habitation, phratry or household.In Islam, contraception is mainly addressed in the circumstance of repulse union and family. As a social system, culture, and civilization, Islam considers the family the basic unit of society. The account book, Islams holy book and the primary source of Islamic inborn law or Shariah, views conglutination as sacred and identifies the husband and wife as the principals of family formation. The Quran has a number of references to mating, including the followingpicIt is He who created you from single mind andtherefrom did adopt his mate, that he might dwell in heartsease with her. (7 189)And deity has do for you mates from yourselvesand made for you out of them, children and grandchildren.(1672)These verses suggest that tranquility is an important mathematical function of family livelihood and is achieved through marriage. Also, while procreation is expected in marriage to maintain the human race,sexual relations in marriage need non always be for the purpose of having children. On this point, Islam departs from some(a) other religions where procreation is the exclusive purpose of sexual relations. From the Islamic point of view, when procreation takes place, it should resist and endorse tranquility rather than disrupt it.Thus, contraception helps families ach ieve tranquility by having children when they want them and when they are prepared to excite them. Because of the importance of family in Islamic societies, legal scholars from various Islamic schools of jurisprudence and from various locales reserve given considerable attention to contraception.MUSLIM FAMILYTHE STRUCTURE OF MUSLIM FAMILY on that point have been more 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 cohere of blood ties and/or married relationship. The family bond entails common expectations of rights and obligations that are incontrovertible by religion, enforced by law, and observed by the group of members. Accordingly, the family members share trustworthy mutual committals. These pertain to identity and provision, inheritance and counsel, affection for the juvenility and security for the aged, and maximization of effo rt to ensure continuity of the family.As can be clearly seen from the above definition, the foundation of the family in Islam is blood ties and/or matrimonial commitments. Adoption, mutual alliance, clientage, private consent to sexual intimacy, and common law or trial marriages do non institute a family in the Islamic sense. Islam builds the family on solid grounds that are capable of providing sane continuity, true up 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 descriptor of sexual intimacy than one in which morality and gratification are joined.Islam recognizes the spectral virtue, the social necessity, and the moral advantages of marriage. The normal course of behavior for the Muslim individual is to be family-oriented and to seek a family of ones own. coupling and f amily are central in the Islamic system. There are umteen passages in the Quran and relegatements by the Prophet which go as far as to say that when a Muslim marries, he has thereby perfected half(prenominal)(prenominal) his religion so let him be God-minded and careful of his other half.Muslim scholars have interpreted the Quran to think of that marriage is a ghostly duty, a moral safeguard, and a social commitment. As a religious duty, it moldiness(prenominal)(prenominal) be occupyed 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 joinWhatever centre batch 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, bastardlyingful survival of the human race. It is a commitment that matrimonial couples make to one some other as well as to God. It is a kind of commitment in which they find mutual fulfillment and self-realization, roll in the hay and peace, compassion and serenity, console and hope. All this is because marriage in Islam is regarded first and initiatory as a righteous act, an act of responsible devotion. Sexual control may be a moral triumph, reproduction a social necessity or service, and sound health 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 Divine blessings. And this seems to be the focal point of marriage in Islam. To paraphrase some Quranic verses, mankind are calledto be duteous 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 m whatsoever men and women (41).It was God Who created mankind out of one living soul, and created of that soul a spouse s o that he might find harbor and rest in her (7107).And it is a sign of God that He has created men, of themselves, mates to seek in their company peace and tranquility, and has set between them mutual love and affection. Surely, in that are signs for those who reflect (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 assertions them to be kind to one another, truly clement toward one another, and above all dutiful to God.It is noteworthy that the Islamic provide 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 accepted 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 til now be more so for women because it assures them, among other things, of re lative economic security.This significant additional advantage for women does not, however, characterize marriage 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 tell 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 blessed and fortunate is he who chooses his mate for piety in preference to everything else. The Quran commands marriage to the spouseless and the pious even though they may be poor and slaves (2432).On the other hand, whatsoever 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 husbands and wives. Furthermore, it is the husband who is responsible for the alimony and economic security of the family. H e must even provide the wife with the kind of help and service to which she was used 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 execution of instrument of MarriageBecause Islam considers marriage a very serious commitment, it has putd 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, easily will, unaffectionate consent, unselfish guardianship, honorable intentions, and judicious discretion. When the parties enter into a marital start, the intention must be clear to make the bond permanent, free from any casual or temporary designations. For this reason, trial marriages, term marriages, and all marriages that appear to be experimental, casual, or temporary, are forbidden in Islam. In one of his statements, the Prophet condemned the men and women who relish frequent change of partners, that is, the tasters, proverb Allah does not like the tasters i.e. men and women who enjoy changing partners after transeunt marriages.However, to insist on the permanent character of marriage does not mean that the marital contract is absolutely indissoluble. Muslims are designated by the Quran as a middle nation and Islam is truly a religion of the golden mean, a well-balanced and well-integrated system. This is particularly clear in the case of marriage which Islam regards as neither 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 equitable and realistic moderation. The marri age contract should be taken as a serious, permanent bond. But it does not work well for any valid reason it may be terminated in kindness 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 much 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, exertion and good will. In a part of a hadith the Prophet goes as far as to declare 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 new parts for the parties concerned. Each role is a set of equitable, proportionate rig hts and obligations. The role of the husband revolves around the moral principle that it is his solemn duty to God to treat his wife with kindness, honor, and patience to keep her honourably or free her from the marital bond honorably and to cause her no harm 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 excel others and because men expend of their subject matter (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 transcendence of one sex to the other.a. The wifes rights the husbands obligations. Translated into rules of behavior, these estimable 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 consequence of this Divine command is his responsibility for the full maintenance of the wife, a duty which he must discharge cheerfully, without reproach, injury, or condescension.Components of maintenance Maintenance entails the wifes incontrovertible right to lodging, clothing, sustenance, and general care and wellbeing. The wifes residence must be adequate so as to provide her with reasonable take aim 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 cloth ed, fed, and cared for by the husband, in congruity with his means and her style of life. These rights are to be exercised without either extravagance 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 think of 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 keep her emancipation. If he has not love or sympathy for her, she has the right to convey 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 t he success and happiness of the marriage as much as possible. She must be attentive to the comfort and wellbeing of her mate. She may neither offend him nor hurt his feelings. Perhaps nix 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 avoiding conception lest it deprive him of legitimate progeny. Not must she allow any other person to have access to that which is exclusively the husbands right, i.e. sexual intimacy. A corollary of this is that she must not receive or entertain strange males in her internal without his knowledge and co nsent. Nor may she accept their gifts without his approval. This 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 dispose of any of his belongings without his permission.With take note 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. repayable 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-fulfillmen t for both partners, he is not permitted to do anything on his part that may impede here gratification.

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