FEDERAL UNIVERSITY DUTSE

FACULTY OF EDUCATION

DEPARTMENT OF ARTS AND SOCIAL SCIENCE

EDUCATION

ISLAMIC STUDIES UNIT

COURSE TITLE: ISLAMIC FAMILY LAW

COURSE CODE: ISL 301

INTRODUCTION
Islam, being a total way of life, has provided guidelines for both the spiritual and mundane needs
of mankind in its entirety. This is spelt out in the Shari’a. Every action in life has purpose(s) for its
being carried out. Marriage in Islam has its own mundane and spiritual purposes. In this unit, the
major components of the Islamic family law will be highlighted. Likewise, reason why the Creator
instituted marriage among mankind in general and among the Muslim in particular will be treated
as well as wisdom behind marriage.
COMPONENTS OF ISLAMIC FAMILY LAW
The Islamic family law is a law guiding relationships between a member of a family and another,
most importantly, between husband and wife, father and children, and mother and children.
Some of the areas touched by the Islamic family law are: marriage and its preliminaries, marriage
as a contract, constituents of valid marriage, marriage impediments, marriage with a polytheist
and with the people of the book, concept of polygamy, guardianship and paternity, parents' right
in a Muslim home, headship of the family, nafaqah (the maintenance), child upbringing in Islam
(al- hadanah), breastfeeding (al- rida’ah), fosterage (al- kafalah), and adoption ,family planning and
birth control, role of man and woman in the home, just and fair play by the parents among their
children, Talaq and Khul' ( divorce at the instance of wife), 'Iddah (waiting period) as well as
inheritance. Some of these components of the Islamic family law will be dealt with here while
others will be dealt with in subsequent units. Islam enjoins marriage and strongly abhors celibacy.
Marriage is a means to emotional and sexual satisfaction. That is, it gives room to individuals to
gratify his/her sexual desire legitimately thus, preventing one from going into any extra-marital
relationship which is unequivocally and categorically condemned by Islam. Marriage is also a
mechanism of tension reduction where each of the parties will serve as ‘shock absorber’ or
‘comforter’ to each other in time of hardship and in need of companionship. Another wisdom
behind marriage is that legitimate off springs will be produced into the community of mankind
where love between the couple and their children, peaceful co-existence among the family
members together with tranquility will prevail. Allah says in Q[Link]
‫ﭐﱡﭐﱹﱺﱻﱼﱽﱾﱿﲀﲁﲂﲃﲄﲅﭧﭐﭨ‬

‫الروم‬: ٢١ ‫ﱠ‬ ‫ﲈﲉﲊﲋﲌﲍﲎ‬ ‫ﲆﲇ‬

Meaning:
• And among His signs is that He created for you mates from among yourselves, that you may
dwell (live) in tranquility with them, and He has put love and mercy between your hearts,
undoubtedly, in there is signs for those who reflect.
Marriage is also an approach to inter-family alliance where a member of a family will go into
another family, thus, joining the two families together. This is testified
‫ﱡ‬ to in Q25: 54:
‫ﭐﭐﲺﲻﲼﲽﲾﲿﭧﭐﭨ‬
‫قانالفر‬: ٥٤ ‫ﳁﳂﳃﳄﳅﳆﳇﱠ‬ ‫ﳀ‬

Meaning:
• And it is He who has created from water (i.e., semen) a human being and made him (a relative
by) lineage and marriage. And ever is your Lord competent (concerning creation).
As a result of this, a kind of solidarity will emerge between the two families. It also gives sound
health for gratifying state of mind. Above all, it is an act of worship (Ibadah); a religious
commitment that attracts half of one’s whole religion. This is as said by the Prophet:
‫د فقد استكمل نصف الدين فليتق الله في النصف الباقي) (إذا تزوج العب‬

Meaning:
• When a man marries, he has fulfilled half of his religion, so let him fear Allah in the remaining
half.
This is, in fact due to an embodiment of tolerance, patience and perseverance that it shoulders
from both sides. In addition to this, for any Muslim to attain a complete believer’s status he/she
must follow this tradition of the Prophet, i.e. marriage:
( ‫)النكاح سنتي ومن رغب عن سنتي فليس مني‬
Meaning:
• Marriage is my tradition and whosoever keeps away from my tradition is not amongst my
people.
Marriage helps in the distribution of rights and obligations of both male and female members of
the family. It is also a means of social placement. With marriage, human race will continue to live
on earth and Muslim nation in particular in a chaos-free environment.
CONCLUSION
Without a rule and regulation guiding sexual relationship between male and female on earth
there is no doubt that human society will look like that of animals and birds. The reasoning faculty
endowed human beings makes it imperative for them to organise a system of coming together of
opposite sex in terms of relationship. Different religions have different ways of life as far as
marriage is concerned. However, the Islamic marriage institution possesses some distinguishing
features that make it exemplary in operation. You can take any other system of marriage side by
side with the Islamic system of marriage and compare the differences.
MARRIAGE AS A CONTRACT AND THE PRELIMINARIES OF MARRIAGE CONTENTS
Introduction
In this unit, we shall deal with the concept of marriage as a contract as well as a religious
sacrament in the Islamic law. Likewise, we shall look at the preliminaries of marriage and its
requirements.
MAIN CONTENT
Marriage The question of whether marriage is a sacrament or a contract seems hardly applicable
in Islam. Rather, it has the element of being a contract and a religious sacrament. It is a divine
institution. This is seen in a prophetic tradition narrated by Anas (among others) : ( ‫إذا تزوج العبد فقد‬
‫) استكمل نصف الدين فليتق الله في النصف الباقي‬

Meaning:
• When a man marries, he has fulfilled half of his religion, so let him fear Allah in the remaining
half. On the other hand, it is a solemn covenant between Allah and the human parties as well as
between these parties themselves. Before the contract can be a valid one, certain conditions must
be met. Some of these conditions relates to the contract itself; others to the personality of the
contracting parties. The validity of marriage contract makes it legal to be consummated in the
Islamic law. The conditions that make a marriage contract valid in the Islamic law are seen as one
of the preliminaries of marriage. A man must be competent enough to carry the responsibilities
showered on him by marriage contract. This competence lies in being able to provide for his wife's
needs; such as feeding, clothing, shelter, health care and above all security. It was narrated that
the Prophet (SAW) says:
‫نكم الباءة فليتزوج فإنه أغض للبصر وأحصن للفر‬
‫)فإنه له وجاء‬
Meaning:
• Oh you young-men, whosoever has the prerequisite of marriage among you should go ahead
and marry, for that will help him to lower his gaze and guard his modest. Another preliminary
matter is in the selection of a bride. The male is allowed, as recommended by the prophet, to see
the intended bride, know her physical uprightness so that he will not make any mistake in judging
any defect in her that can destroy their relationship or cause any hatred between them thereafter.
It is enough for the man to look at both the face and hands of the woman or the lady critically. The
would-be bride is also allowed to do the same. With this, he or she can have sufficient idea about
her or his personality and beauty. A passionate gaze at the woman or lady or at the man is
forbidden for both parties as cited by the Holy Qur’an, Q24:30-31. However, beauty is not the
utmost property one must search for in the bride to be. It is the religion of Allah and piety in that
bride that must be the highest feature to look for in marriage; though beauty, wealth and nobility
compliment these. The Prophet says:
‫"لمالھا ولحسبھا ولجمالھا ولدينھا فاظفر بذات الدين تربت يداك‬ . :" ‫ع‬ ‫تنكح المرأة ألرب‬

Meaning:
• "Woman is married for four things: for her wealth, for her nobility (family lineage), for her beauty
and for her religion (piety). It is better (for you) to look for a religious one (pious female) for you to
gain (at last)".
According to different opinions of scholars and schools of thought, marriage may be a
compulsory act (Wājib) on a certain male Muslims. It may also be a permissible act (Mustahabb)
on other individuals. It may also be a detestable act (Makrūh) for certain group of people.
Marriage may also be an unlawful act (Haram) for another certain set of people according to the
Islamic Law. For those individuals who have the means to cater for a wife and children and are
afraid that they may transgress the boundary of Allah through illegal sexual act if they do not
marry, marriage is compulsory (Wājib) for those set of people. Likewise, is the case of a woman
who sees marriage as the only option for her not to commit illegal sexual intercourse due to her
strong sexual urge. Marriage is recommendatory (Mandūb) for a person who can control his
sexual urge from being tempted by Satan but wishes to have children. A person who has the
power to control his sexual urge, unwilling to have children and feels that marriage will not
prevent him from performing his duties to his Creator marriage is superogatory (Mubāh) on this
type of person. Marriage is detestable (Makrūh) for a man who has no sexual urge at all and this
will not hurt his wife or he has no love for children or sees that marriage would make him
relent in his religious obligations. Marriage is a forbidden act (Harām) for an individual who has no
sexual urge at all in which the woman can get any sexual satisfaction or has no means to maintain
his wife and children or has a serious illness that can affect his wife and the children.
Notwithstanding, the Prophet enjoins that piety and righteousness should be the utmost motive
of marriage. He was reported to have said:
)( ‫ والناكح الذي يريد العفاف‬،‫ والمكاتب الذي يريد األداء‬،‫ المجاهد في سبيل الله‬:‫ثالثة حق على الله عونهم‬
Meaning:
• There are three persons whom the Almighty Allah has right to assist: He who fights in the cause
of Allah, he who seeks to buy his freedom (from slavery), and he who marries with a view to
secure his chastity. However, there are differences of opinions on the rules guiding marriage
among scholars and different schools of thought. These differences can be seen in the references
for further readings you are guided to in this course. As far as the contract is concerned, it must be
a type of marriage allowed by Islam and not a bad contract, that is, it must not be made on
another valid marital contract. There should not be an iota of deceit in the contract and between
the contracting parties. Likewise, the contract must not be between two parties whose
marriageability is divinely illegal according to the Sharī ‘ah. Such is marriage between blood
siblings, between a man and his wife’s blood sister. There must be a direct, unequivocal proposal
and a corresponding acceptance (Sīghah or al-Ījāb wa al-Qabūl). This must be so explicit, devoid of
ambiguity, oral - in case the contracting parties are present. There must be an unequivocal
consent of the woman's guardian (Waliyy). This may be her father or any other male father's
relative who can stand in place of her father. In case no father or a near relative, the leader of the
Muslims can be the guardian. The Prophet says:
‫اطل) (أيما امرأة نكحت بغير وليھا فنكاحھا ب‬

Meaning:
• Any woman who got married without the permission of her guardian, her marriage is null and
void.
There must be at least two male, freeborn, and honest witnesses. They must be Muslims.
According to opinion of different scholars being a Muslim is a condition for witness when both
parties are Muslims. However, there is a divergent opinion among the schools of thought that if
the man is a Muslim and the woman is among the people of the book the two witnesses may
differ in religious status - a Muslim and one of the people of the book. In addition to this, dower
(Mahr or Sadaq) is another basic requirement of marriage
contract. It must be paid into the hand of the lady or woman. Its material varies. It may be
in form of money or other valuable materials. The Prophet was reported to have said: " ‫ال نكاح إال‬
‫"بولي وصداق وشاهدي عدل‬

Meaning:
• Marriage is not valid except with a guardian, dower and two upright witnesses"
Marriage feast (Walimah) is considered by the scholars of school of jurisprudence as
Sunnah Mu’akkadah. It is a condition laid down by the Prophet. He was reported to have
said while his daughter Fatimah was being married to ‘Ali:
‫( )إنه ل بد للعرس من وليمة‬

Meaning:
• The bridegroom must prepare a marriage feast.
Among the conditions that must be fulfilled by the parties themselves are:
• Each of them must be a sane person.
• Both of them must be matured persons. In case the female is not all that mature (i.e.,
she is a minor) her guardian must represent her.
• The male party must be a Muslim while the female must be a Muslim or a woman from
the people of the book (Jews or Christian). If any of the two parties is a polytheist marriage
between them is strongly forbidden as stated in Q2:221.
‫ﭧﭐﭨﭐ‬

‫ﱣ ﱢﱡﭐﱤﱥﱧﱦﱨﱩﱪﱫﱬﱭﱯﱮﱰﱱ‬

‫ﱲﱳﱴﱵﱶﱷﱸﱹﱺﱻﱼﱽﱾﱿﲀﲁﲂﲃﲄﲅﲆ‬

‫ةالبقر‬: ٢١١ ‫ﲇﲈﲉﲊﲋﲌﲍﲎﲏﱠ‬

Meaning:
• And do not marry polytheistic women until they believe. And a believing slave woman is
better than a polytheist, even though she might please you. And do not marry polytheistic
men (to your women) until they believe. And a believing slave is better than a polytheist,
even though he might please you. Those invite (you) to the fire, but Allah invites paradise
and to forgiveness, by His permission. And he makes clear his verses (i.e., ordinances to
the people) that perhaps they may remember.
There must not be element of coercion upon the part of each party into the contract. Your
references/further readings will provide for you a comprehensive detail of these differences of
opinion by the scholars and the schools of thought.
CONCLUSION
The aim of the Islamic Law as far as marriage is concerned is to build a family tie devoid of cheating
and falsehood. Therefore, marriage is made a contract between two parties- male and female.
When one says something is a contract, it means that there will be a laid down rules and
regulation guiding such contract. The breach of any of these rules and regulation will render the
contract null and void. Marriage is henceforth not a do- or- die affair. It is legal and acceptable in as
much as the terms of the contract are complied with and vice - versa. In addition to this, it is a
covenant between the two parties and their Lord, Allah, whose rules and regulation must be
followed in the marriage contract. Thus, it is a form of worship (Ibadah) in the religion of Islam.
PROHIBITED DECREES OF MARRIAGE CONTENTS
INTRODUCTION
There is a restriction to the type of female, a Muslim can marry. For any marriage to be a valid and
legal one the woman must not be among the prohibited degrees of marriage. This prohibition
may be caused by blood affinity (an-Nasab), in-lawship (al-Muşaharah), breast-feeding (ar-Radā’)
or certain conditions. The two types of the prohibitions are analysed in this unit.
MAIN CONTENT
We have two types of prohibitions from marriage, namely: permanent degrees of prohibition (al-
Muharramat Mu’abbadan), and temporary degrees of prohibition (al- Muharramat Mu’aqqatan).
PERMANENTLY PROHIBITED DEGREES OF FEMALES(AL-MUHARRAMĀT AL-MU’ABBADAN)

The set of females in this category that are forbidden for a man to marry are:
• The man’s mother
• His step mother(s)
• His grandmother(s); however high
• His daughter(s); however down.
• His sister(s); full or consanguine or uterine sisters
• His father’s sister(s); including the grandfather’s sister(s)
• His mother’s sister(s) including the grandmother’s sister(s)
• His brother’s daughter(s)
• His sister’s daughter(s)
• His foster sister
• His foster mother’s sister(s)
• His wife’s mother
• His step daughter (such a daughter should have been born to his wife with whom he has
consummated his relationship. If they have not consummated the marriage there is no
prohibition
• His son’s wife (this does not include wives of persons whom one adopts. All these are
expressed in Q4:22-23: ‫ﱣﱢ‬
‫ﭐﱡ ﱡﱠﭐﱤﱥﱦﱧﱨﱩﱫﱪﱬﱭﱮﱯﭧﭐﭨ‬
‫ﱶﱷﱸﱹﱰﱱﱲﱳﱴﱵ‬

‫ﲁﲂﲃﲄ‬ ‫ﱻﱼﱽﱾﱿﲀ‬ ‫ﱺ‬

‫ﲌﲍﲎﲏﲐﲑ‬ ‫ﲆﲇﲈﲉﲊﲋ‬ ‫ﲅ‬

‫ﲒﲓﲔﲕﲖﲗﲘﲙﲚﲛﲜﲝﲞ‬

٢١ - ‫النساء‬: ١١ ‫ﲟﲠﲡﲢﲣﲤﲥﲦﲧﲨﲩﲪﱠ‬

Meaning:
• And do not marry those (women) whom your fathers married except what has already occurred
(before Islam). Indeed, it was an immorality and hateful (to Allah) and was evil as a way. Prohibited
to you (for marriage) are your mothers, your daughters, your sisters, your father’s sisters, your
mother’s sisters, your (milk) mothers who nursed you, your sisters through nursing, your wives’
mothers, and your step-daughters under your guardianship(born) of your wives unto whom you
have gone in. But if you have not gone
in unto them, there is no sin upon you. And (also prohibited are) the wives of your sons who are
from your (own) loins, and that you take (in marriage) two sisters simultaneously, except for what
has already occurred (before Islam). Indeed, Allah is ever forgiving and merciful. All the types of
women forbidden for a Muslim permanently are expressed in these two verses and they are those
women mentioned in this unit above.
TEMPORARILY PROHIBITED DEGREES OF FEMALES (MUHARRAMĀT MU’AQQATAN)
Temporary prohibition means that a man can still marry those women forbidden for him to marry
when the circumstance surrounding the prohibition is lifted and removed. Those sets of women
under this category are as follows:
• A sister to a man’s wife who is still alive under the man’s custody. As soon as the wife is dead her
sister is no more prohibited for the man. This is evident in the second verse quoted above.
• A married woman whose marriage contract has not been terminated either by death of his
husband or by a divorce. When his husband dies or he divorces her and her waiting period (’Iddah)
has lapsed the prohibition has ended.
• A woman in her waiting period (’Iddah) is under temporary prohibition for marriage. This is
seen in Q[Link] ‫ﱡ‬
‫ﭐﭐﱹﱺﱻﱼﱽﱾﱿﱠﲀﭧﭐﭨ‬
‫ةالبقر‬: ٤٢١

Meaning:
• …And do not determine to undertake a marriage contract until the decreed period (’Iddah)
reaches its end…
A woman after the fourth wife in a man’s house is prohibited. The prohibition is removed
immediately a man’s wives are less than four. This is because of the prohibition on a Muslim to
marry not more than four wives.
CONCLUSION
Prohibitions on certain set of women are bounds of Allah that must not be transgressed. The
temporary ones are terminal while the permanent ones are till eternity. Any transgression to this
provision renders such marriage illegal, null and void in the Islamic law.
MARRIAGE WITH NON-MUSLIMS CONTENTS
INTRODUCTION
Marriage constitutes a very important aspect of religion in Islam. Therefore, it must not be treated
with levity or be trivialised. With the religion of Islam, mankind is called into the way of Allah in its
entirety. Marriage could help to sustain the answer to this call or otherwise. In this unit, we shall
deal with the Islamic view on marriage with non-Muslims; either Jews, Christians, Şābiūn,
Zoroastrians or Polytheists.
MAIN CONTENT
Marriage with a Non-Muslim a Muslim marriage with a non-Muslim can be of two types: a Muslim
man married to a non-Muslim or a Muslim woman married to a non-Muslim. The non-Muslim
may be people of the book or polytheist or those whose scholars differ on their religious status:
whether they are people of the book or polytheist, marriage in Islam, among other things, is
supposed to be an institution where both husband and wife help each other to improve spiritually
for success in the life after. This objective could not be achieved in a home where husband and
wife hold different and opposing worldly views and perspective of truth and reality. And at the
same time each party views the other as being on the wrong religious path. 3.2 Marriage with
People of the Book (AHLUL-KITAB) The people of the book (Ahlul- Kitab) are the Christians and
Jews. A Muslim man is allowed to marry a Christian or a Jewish woman. This is permitted with a
non-abrogated verse of the Holy Qur’ān and a consensus of opinion of the ‘Ulamā’. Q5:5 says:
‫ﭐﱡﭐﲧﲨﲩﲫﲪﲬﲭﲮﲯﲰﲱﲲﲳﲵﲴﲶﲷﲸﭧﭐﭨ‬

‫ﲹﲺﲻﲼﲽﲾﲿﳀﳁﳂﳃﳄﳅﳆﳇﳈﳉ‬

‫دةالم ائ‬: ٥ ‫ﱠ‬

Meaning:
• This day (all) good foods have been made lawful, and the food of those who were given the
scripture is lawful for you and your food is lawful for them. And (lawful in marriage are) chaste
women from among the believers and chaste women from among those who were given the
Scripture before you, when you have given them their due compensation, desiring chastity, not
unlawful sexual intercourse or taking (secret lovers…).
However, despite the fact that some of the companions of the Prophet, and their followers such
as ’Uthmān, Talhah and Mujāhid married women of the Book, Ibn ‘Umar disagreed with their
decision to do so. According to him anybody who calls a Prophet of Allah, Lord is a polytheist. On
this ground a Muslim should not marry them. According to the exercise
of certain scholars’ marriage with a Kitābī woman is discouraged when there are many Muslim
women yet to be married in the society. This is because they would not get married to Kitābī men;
Muslim men are encouraged to marry them. There are different views from schools of thought
regarding this type of marriage. None of them is compelled to a rule that must be followed in
consideration of their religious belief. The Maliki says that marriage is detestable (Makrūh). The
Hanafī school also disapproves of such marriages, most importantly when the woman is from a
place of war (Dār al-harb). In addition to this, many scholars opine that, that type of marriage is
detestable (Makrūh). This is with regard to some circumstances. The most essential of them is that
the laws and rules guiding the types of food a Muslim should eat, the type of drink he should have,
the ethical values that should be followed in a Muslim home is strongly and likely to be hindered
by such marriage. Many of the unlawful foods forbidden in Islam may be delicious to the Christian
or Jewish woman living under a Muslim man. As a result of this, her children for the Muslim man
may not be properly trained Islamically. Thus, breeding mediocre Muslims/half-baked Muslims or
non –Muslims out of a Muslim home. It was recorded that those companions of the Prophet and
their followers that were married to Christian or Jewish women were very strong and smart in
handling the relationship. Consequently, their children were not influenced by their non-Muslim
mothers. Unlike this present age when religion has become a burning fire stick that is very difficult
to handle. Marriage to a Christian woman or a Jewish woman may cause a big problem in the
home. In the same vein, female Muslims are more than enough in our communities now.
Marriage with Şābiūn and Majūs Sabians are the communities who do not have any particular
religion. Their beliefs fall in-between the belief of the Zoroastrians, Jews and the Christians. Ibn
Kathīr, in his commentary of the Qur’ān, says that the Sabians lived in the vicinity of Iraq. They
knew Allah and had their own Sharī’ah. They used to pray in the direction other than the Qiblah.
They also used to worship angels. Abdur Rahman bn Zayd says that they lived in the Island of
Mosul and used to say ‘La ilaha illa Allah’ but they do not practice it, and they have no book or
prophet. The polytheists in Makkah used to say to the companions of the Prophet that:
‫(ل ه إ ل الله)لإ ھؤ ل ء الصابئون يشبھونھم في قول‬

Meaning:
• These Sabians resemble them (companions) in saying La ilaha illa Allah. Al- Qurtubī says that
some scholars consider them as monotheists and that they believe in stars and its effects. Ar- Rāzī
opines that they are people who believe in and worship the planets. Scholars have different
history on the Sabians. Based on these different understandings on their essence, some scholars
opine that they should be treated as people of the book
whose book had been distorted. Thus, a Muslim is permitted to marry a Sabian lady. We have
some scholars as well who have their doubts on marriage with them. This is because their belief in
the real sense is not clear. They may be treated as the people of the book if the principle of their
faith is the same with that of the Jews and the Christians. With this, marriage with them is
permitted. Contrarily, if the principle of their belief is not the same with that of the people of the
book, they will then be considered as polytheists. On that basis marriage with them will not be
permitted. As far as Majūs, the worshipper of fire, (Zoroastrian) is concerned, Ibn an- Nadhir says
that marriage with their ladies or eating meat of animals slaughtered by them is not forbidden. It
was reported that Umar bn al-Khattāb once said: ‫ما أدري كيف أصنع في)أمرھم‬
Meaning:
• I do not know how to handle their (Majus) affair. Abdu `r-Rahmān bn Awf replied him
that he heard the Prophet say: ( ‫) سنوا بھم سنة أھل الكتاب‬
Meaning:
• Treat them in the same way as Ahl al- Kitāb.
This is a proof that they are not among the people of the book. Abu Thawr opined that marriage
with Zoroastrians is lawful. This is based on their affirmation of their religion tax payment just as
the Jews and the Christians. 3.4 Marriage with Polytheists Marriage between a Muslim and a
Polytheist is strongly condemned in Islam. Either a male or a female Muslim, there must not be a
marital relationship between him/her and a polytheist partner. The Qur’an in Q[Link]
‫ﭐﱡ ﱣ ﱢﭐﱤﱥﱧﱦﱨﱩﱪﱫﱬﱭﱯﱮﱰﱱﭧﭐﭨ‬

‫ﱲﱳﱴﱵﱶﱷﱸﱹﱺﱻﱼﱽﱾﱿﲀﲁﲂﲃﲄﲅﲆ‬

‫ةالبقر‬: ٢١١ ‫ﲇﲈﲉﲊﲋﲌﲍﲎﲏﱠ‬

Meaning:
• And do not marry Polytheistic women until they believe. And a believing slave woman is better
than a polytheist, even though she might please you. And do not marry Polytheistic men to your
women until they believe. And a believing slave is better than a polytheist, even though he might
please you. Those invite (you) to the fire, but Allah invites paradise and to forgiveness, by His
permission. And he makes clear his verses i.e., ordinances to the people that perhaps they may
remember.
The reason for this is expressed in the verse: a Muslim woman assists in following the path of
Allah, while the Polytheist will eventually lead astray or adulterate a Muslim’s faith, thus, leading
him/her into hell fire in the hereafter.
CONCLUSION
The essence of marriage in Islam is more than mere worldly comfort, it is significantly important in
building a life that will eventually lead the home into the eternal comfort. This is a confirmation of
spiritual essence of a marriage. Marriage with a Christian or Jewish woman is discouraged in this
era; though the law that permits it is still binding. The opposite of this is vehemently forbidden,
that is, a Muslim woman should not marry a man from both the Christian and the Jew’s family. In
the case of marriage with the polytheist, both the male and the female Muslims are forbidden to
take a partner(s) among them.
SPECIAL UNDERSTANDING ON MARRIAGE
INTRODUCTION
Marriage in Islam confers duties on each of the couple. Some of these duties are reciprocal while
some are complementary. At the same time, some are unitarily handled by each party. The defect
of a partner in dispensing his/her roles in a home will hinder the well meaningful life presumed by
the marriage.
MAIN CONTENT
The rights of one partner in a marriage is another partner’s obligations/duties and vice-versa.
There are some rights that are shared by both parties likewise; there are duties that are shared by
both of them.
RECIPROCAL ROLES BETWEEN THE COUPLES
Some of the roles shared by both parties are that:
• Both of them should accord due respect and maximum honour to each other
• Both of them are entitled to good marital relationship and sexual enjoyment from his/her
partner
• Each of them should give due honour and respect to the relative of his/her partner
• Each of them is entitled to inheritance from the estate left behind after the death of his/her
partner
• Each of them should keep the secret of his/her partner.
THE ROLE OF THE HUSBAND IN A MARRIAGE
In an Islamic home the husband has some roles or duties that must be carried out as conferred on
him by the law. Men are tagged as the “QAWWAMŪN” that is, the protectors and the maintainers
of women, in the Qur’ān. This is due to the maintenance responsibility imposed on men by Allah.
This can be seen in Q[Link]
‫ﭧﭐﭨﭐ‬

‫ﱡﭐﱁﱂﱃﱄﱅﱆﱇﱈﱉﱊﱋﱌﱍﱏﱎﱠ‬
‫س اءال ن‬:٣٤
Meaning:
• Men are in charge of women by (right of) what Allah has given one over the other and what they
spend (for maintenance) from their wealth.
Some of these roles are done with materials while others are immaterial. Among the material
roles are:
• Giving the wife her dower (Mahr or Şadāq). This is one of the duties of the husband that must be
fulfilled before the marriage could be considered legal. The dower is given in any materials the
woman prefers. It may be money, jewelries, or other materials. Its mode of payment depends on
the agreement between both parties. It may be paid in installments. It may also be deferred. The
woman may also return part of the dower to his husband. At the same time, it may be paid
immediately before the contract is sealed. Whichever way it takes it is a right of the woman and
the duty on the man that must not be jettisoned. The Holy Qur’ān says:
‫ﭧﭐﭨﭐ‬
‫س اءال‬: ٤ ‫ﱡﭐﲓﲔﲕﲗﲖﲘﲙﲚﲛﲜﲝﲞﲟﲠﲡﲢﱠ‬
‫ن‬
Meaning:
• And give the women (upon marriage) their (bridal) gift graciously. But if they give up willingly to
you anything of it, then take it in satisfaction and ease. Maintenance: (An –Nafaqah). It is the duty
of the man to provide for the maintenance of his wife as spelt out in the aforementioned verse of
the Qur’ān. This includes provision for her feeding, clothing, shelter, services, health care and all
the expenses that corroborate the well-being of the home. This is made obligatory on the husband
by the Qur’ān, the Prophetic traditions and the consensus of the ‘Ulamā’. In Qur’ān [Link]

‫ال بقرةﭐﱡﭐﲥﲦﲧﲨﲩﲪﲬﲫﲭﲮﲯﲰﲲﲱﱠﭧﭐﭨ‬:٢٣٣
 Meaning:
• …And upon the father is their (i.e. the mothers’) provision and their clothing according
to what is acceptable. No person is charged with more than his capacity.
In another verse Q65: 6 Allah says:
‫ﭐﱡﭐﱁﱂﱃﱄﱅﱆﱇﱈﱉﭧﭐﭨ‬
‫ﱊﱋﱌﱍﱎﱏﱐﱑﱒ‬

‫الطالق‬: ٦ ‫ﱓﱔﱕﱠ‬

Meaning:
• Lodge them (in a section) of where you dwell out of your means and do not harm them in order
to oppress them. And if they should be pregnant, then spend on them until they give birth…
Among the traditions of the prophet in support of this maintenance are:
‫قال أن تطعمهاأحدناعليه؟‬: ." ‫إذا ط عمت‬ ‫ يارسول الله ما حق زوجة‬: ‫قلت‬: ‫عن معاوية القشيري رضي الله عنه قال‬ "
". ‫ولت تضرب الوجه قب ح و ل تھجر إ في البيت‬ ‫وتكسوھا اكتسيت و ل‬
‫ل‬
Meaning:
• Related by Muawiyah al-Qushayri, may Allah be pleased with him, He said: I said oh the
Messenger of Allah what is the right of our wives on us? The Prophet said: You should feed her
when you eat; you should clothe her when you clothe yourself, don’t ever beat the face (of the
wife), don’t insult (her) and don’t neglect her except in the house.
Except the woman proves recalcitrant (Nushūz) to her husband for no cause should he leave her
not catered for according to his capability. Failure to give all this provision intentionally amounts to
sin before the wife and then before Allah. Among the immaterial aspect of the obligations of the
husband is just and fair play among the wives, provided they are more than one, as much as
possible in terms of his material division among them; such as division of days of sleep, division of
properties brought home, division of meal, quality of the cloth bought for each of them,
accessibility to each wife, etc. A Muslim should be fair in handling this among his wives lest he falls
into sin that attracts penalty alive and hereafter. Among the penalty for that in this life is that the
home may/will not know peace while among that of the hereafter is that the man would be
resurrected as a deformed being as said by the Prophet. A husband is commanded by the law of
Allah to treat his wife with equity, to respect her feelings, and show her kindness and
consideration, especially if
he has any other wife. Nevertheless, the man may not be able to be fair and just in terms of love.
This is because the control of the heart is in the hand of the Creator, Allah. He can twist it
whichever direction He likes. The Prophet was reported that he used to distribute things among
his wives in a just and fair manner. However, he used to pray to Allah to pardon him on what he
did not have its control (i.e., his heart). The prayer of the Prophet on this goes thus
‫(ال اللھم ھذا قسمي فيما أملك ف )تلمني فيما ل أملك وتملك‬

Meaning:
• Oh Allah this is my distribution on what I have power, I beseech you not to hold me
responsible for what I have no power and you have power (on it).
It was explained that what the Prophet referred to in this prayer as what he had no power
over is the love for his wives. This is because human beings’ hearts are controlled by their
Creator to any direction He wishes at any point in time.
THE ROLE OF WIFE IN A MARRIAGE
Among the duties of the wife which are the husband’s rights in the Islamic home are as
follows:
• She should always bring happiness to her husband always and should be a comforter also
• The woman should not deny her husband sexual pleasure for no genuine reason
• She should not disobey him in any way except that which runs against the will of Allah
• She should protect herself from any illicit act as well as protect her husband’s properties
in the home
• She should keep herself attractive always for her husband and keep her husband’s house
tidy always
• She has to keep away from any work that can hinder the survival of her marriage
• Anybody whose visit to their home is forbidden by her husband should not be
entertained by the wife. This can be understood in many traditions of the Prophet. Among
them:
‫عنها حفظتك في نفسھا ومالك‬ ‫ وإذا غبت‬،‫ وإذا أمرتھا أطاعتك‬،‫خير النساء من إذا نظرت إليھا سرتك‬ (
‫)وإذا دعوتھا إلى فراشك أبرتك‬
Meaning:
• The best of the women is the one when you look at her you get joy, when you command her,
she obeys you, when you are not with her, she protects you in herself and in your property and
when you invite her to your bed she does well.
CONCLUSION
In this unit we have been able to discuss issues on the roles of each party in a marriage contracted
in the Islamic Law. The rights given to women in Islam are more and better than what other
systems or religions might give to their women fold. If each part plays his/her roles with the fear of
Allah which is the ultimate goal in keeping a home, the resultant effect of this would be a better
society groomed for the attainment of everlasting bliss in the hereafter.
PARENTS’ RIGHTS IN A MUSLIM HOME CONTENTS
INTRODUCTION
Islam enjoins each individual to respect the rights of his/her neighbour; Muslim or non-Muslim.
Just as the children have rights that must be delivered by their parents as obligations, the parents
also have rights which are the children’s obligations as emphasised in the law. In this unit we shall
look at these rights and Islamic law stipulations on them.
MAIN CONTENT
Parents’ Rights in a Muslim Home Naturally, it is obvious or believed that the elderly one’s
demand respect from the younger ones while the younger ones deserve kindness and care from
the elders. However, Islam makes it as an obligation on both the parents and the children to
discharge their individual duty as complementary to each other. It is rather a religious duty than a
social one on the child to give their parents their due rights. This is because of the physiological
natural tendency for the parents to grow older and older in such a way that they are bound to be
physically weak and mentally feeble. It is a condition that is prone to impatience, energy lost, great
sensitivity, and at time, misjudgment. Children, at this period in the life of the parents, may not be
able to co-op with this condition. For the parent not to be at the receiving end at that point in time
Allah commands (and not just ordinary advice) that they should be taken care of by the children.
Notwithstanding, either the parents reach this stage of old age in life or not children, minor or
matured, are enjoined to obey their parents in all commands except that one that has negative
impact on the spiritual aspect of child’s life. That is, any command that calls the
child to having other god(s) with the Supreme Being. Since the individual is directly responsible to
the Supreme Being, he must make his religious choice independently without regard to anyone
else, his parents inclusively. The ordinance on the right of parents is seen in some Qur’ānic verses
such as: Q6:151, 31:14-15, and 17:23-24. In Q17:23-24, Allah says:
‫ﲑﲒﲓﲔﲕﲖﲗﭧﭐﭨﭐﱡﭐﲆﲇﲈﲉﲊﲋﲌﲍﲎﲏﲐ‬

‫ﲣﲤﲥﲦﲧﲨﲩﲪ‬ ‫ﲚﲛﲜﲝﲞﲟﲠﲡﲢ‬ ‫ﲘﲙ‬

٢٤ - ‫سراءاإل‬: ٢٣ ‫ﲫﲬﲭﲮﱠ‬

Meaning:
• And your Lord has decreed that you not worship except Him, and to parents, good
treatment. Whether one or both of them reach old age (while) with you, say not to them
(so much as), “uff” (an expression of disapproval or irritation) and do not repel them but
speak to them a noble word. And lower to them the wing of humility out of mercy and say,
“My Lord, have mercy upon them as they brought me up (when I was small).
Some Prophetic traditions are in support of this. One of them says:
‫موبقات ال“اجتنبوا ال سبع‬: ‫ عقوق الوالدين” شراك باال‬، ‫لله‬

Meaning:
• Refrain from seven destroyers: Worshipping other deities with Allah, sinning against the
parents ….
Another tradition says:
‫عند الكبر ولم يدخل الجنة‬ ". ‫ال ھما "رغم أنف رجل رغم أنف رجل رغم أنف رجل أدرك أحد أبويه أو ك‬

Meaning:
• Shame on a person, shame on a person, shame on a person who witnesses his parents’ old age
and does not enter the paradise (through that).
From the above texts from the Qur’ān and Hadīth), it is obvious that doing goods to one’s parent is
more of a religious act than being a social/moral norm. How a child should handle his/her parent
when they are old is explicitly explained in the above verse of the Qur’ān while that prophetic
tradition describes the reward for doing that in the hereafter. Moreover, there is a clear
demarcation between Allah’s right and that of the parents upon
 a child. Parents are not entitled to impose their religious convictions upon their wards; though
they deserve mercy, compassion, consideration, kindness and reverence from the children. Each
individual is answerable to his Lord/Allah. No matter how big, powerful and influential one of the
parents is or the two of them, sentiment should not be used in religious affair. This can be seen in
some of the verses of the Qur’ān. Among them are: Q4:135, 9:23-24, 28: 22, 31:33.
Whenever there is an uncompromising conflict between Allah’s right and parents’ right that of
Allah must overrule. In addition to the aforementioned, the Ihsan mentioned in the Qur’ān
connotes that which is right, good, appreciable, admirable and beautiful. This, to the parents may
be kindness, conscientiousness, compassion, charity, obedience, support, maintenance, comfort,
health care among other things. After the parents’ demise the Ihsān still continues in Islam. A
prophetic tradition addresses this as follows:
‫ بينما أنا جالس عند رسول الله صلى الله عليه جاءه رجل‬:‫وسل م إذ عن أبي سيل وھو مالك بن ربيعة الساعدي قال‬ "
:‫ع‬ ‫ نعم خصال أرب‬:‫ ھل بقي علي من بر أبوي شيء بعد م وتهما أبر هما به؟ قال‬، ‫يارسول الله‬ ‫ فقال‬،‫من األنصار‬:
‫وصلة الرحم التي ل رحم لك إ ل من قبلھ ما فھو‬، ‫وإكرام صديقھما‬، ‫وإنفاذ عھدھما‬، ‫وا ل ستغفار لھما‬، ‫الص‬،‫ال ة عليھما‬
‫الذي بقي عليك من برھما بعد موتھما‬ ".
Meaning:
• Narrated by Abu Sayl, Mālik bn Rabi’ah as- Sa’idiyy who said: I was sitting with the Messenger of
Allah when an Ansar man came to him. He asked (the Prophet): Oh he Messenger of Allah, is there
any (parents’ good/right) remaining upon me to be done after their demise? He (the Messenger)
said: Yes, it is four things (you should do after their demise): Prayer for them, seeking (Allah’s)
forgiveness for them, fulfilling their promise, honouring their friends, and joining the (relative)
cords which you would not have had save them. This is what is remaining upon you after their
death. The prophet told the man in the above tradition four acts that should be done for the
demised parents: prayer for them as it is done while they are alive, seeking from Allah forgiveness
for them, respecting and honouring their friends and intimates, as well as tying the blood relations
left behind by the parents. All of these are parents’ rights and invariably child’s obligations.
CONCLUSION
Every right owner imposes a duty on another person and vice-versa. Parents’ rights are somehow
majestic due to its place in the Qur’ān. It always comes directly after forbidding of polytheism,
which is Allah’s right. Likewise, the rigorous stress passed through by the
parents since the conception till the time the child becomes matured and is able to cater for
himself/herself can never be over-emphasised.
POLYGAMY: A RESTRICTED OPPORTUNITY CONTENTS
INTRODUCTION
Different religions and different systems have different types of marriage practised by their
adherents. Some are monogamous, while some are polygamous. It is not a new idea with Islam.
Islam allows marriage with more than one wife with conditions and strongly restricted it while
polyandry is illegal. This unit takes a look at the concept of polygamy in the Islamic Family Law.
MAIN CONTENT
What is the Concept of Polygamy in the Islamic Law? When a man marries more than one wife, it
is a phenomenon called polygyny. It is a practice pre–Islamic Arabs were known for as well as
other Abraham’s faithful before the coming of Islam, Jewish religion and Christianity. All the
Prophets mentioned in the Talmud, the Old Testament and the holy Qur’ān practised it. The
ancient great nations, such as the Persians, the Babylonians and the Greeks practised polygamy. It
is also a practice rampant among different tribes in Africa. However, the way these nations deal
with women shows that women are treated in an unequal status with men, just like a property
one can handle anyhow or like a slave that can be dealt with according to one’s whims and
caprices in the society. Islam came to abolish this type of unequal and unfair treatment of women.
It also came to handle human beings in an objective manner to what their needs really are. Hence,
it establishes a restricted polygamy or what we would call tetragamy as an alternative to and with
a view to solving some significant problems in an Islamic home. Islam checkmated the unlimited
polygamy practised in Arabia before Islam and restricted it to maximum of four wives for a man. It
also prohibited polyandry that was practised by women (most especially, the slave girls with the
authority of their masters) in the Arabia before Islam where a woman would go and co-habit with
many men and later impose the pregnancy from such obnoxious act to one of those men
thereafter. The argument that Allah has condemned polygamy in another verse of the Holy Qur’ān
is not substantial. Islam understands the needs of the people and thus objectively provides for this
need without impeding the human nature as it is embedded in sexual matters. The only verse that
supports restricted polygamy goes thus (Q4:3):
 ‫ﭐﱡﭐﱴﱵﱶﱷﱸﱹﱺﭧﭐﭨ‬
‫ﱻﱼﱽﱾﱿﲀﲁﲂﲃﲄﲅﲆﲇ‬

‫س اءال ن‬: ٣ ‫ﲎﲏﲐﲑﲒ‬

‫ﱠ‬ ‫ﲈﲉﲊﲋﲌﲍ‬

Meaning:
• And if you fear that you will not deal justly with the orphan girls, then marry those that please
you of other women, two or three or four. But if you fear that you will not be just, then (marry
only) one or those right hands possess (i.e. slaves). That is more suitable that you may not incline
(to injustice).
The Prophet was reported to have told Hārith bn Qays when he latter embraced Islam, the
following statement when he asked the Prophet concerning his wives:
" ‫ فقال‬،‫م‬: ‫اختر منھن أربعا‬
Meaning:
• He said I accepted Islam while I have with me eight wives. He told the Prophet about this, may
the peace and blessing of Allah be upon him. The Prophet said: Choose four among them. The
same command was given to Ghaylan bn Salamah when he embraced Islam and with him were
ten wives. The prophet told him that:
‫ أمسك‬." ‫منھن أربعًا وفارق سائرھن‬ "
Meaning:
• Hold from them four and release the rest of them
CONDITIONS THAT CAN CALL FOR POLYGAMY IN ISLAM
Islam does not make polygamy a binding law that must be strictly followed by every Muslim.
Rather, it is an alternative to conflict in an Islamic home in particular and in the society in general.
Justice and fair play must be ascertained in any deal a Muslim is contracting in, for a man to be just
to himself, his wife(s) at home, as well as the community of Muslims there may be a need for
another wife. Some of those circumstances that can call for this are as follows:
[Link] the wife at home is unable to bear a child after a reliable diagnosis from a reliable medical
centre. As a result of this, the husband can get another wife who may procreate children for
the family.
2. If the wife at home is critically ill or suffering from a contagious disease that makes her weak in
taking care of the husband and children as well as the up keeping of the home.
As a result of this, the man can look for another woman that can fill all the loopholes in the
home. Insofar as marriage is not just for procreation but for comfort, happiness and building a
viable family as well.
3. When the woman at home is old enough to rest more than being active. Consequently, the
home will suffer for this her old age. The husband can take another wife in to redress all the
areas that need to be taken care of.
4. Strong sexual capacity can also lead to having more than a wife. If the man is very sexually
capable in such a way that he cannot withstand the patience of coming down to the level of his
wife’s sexual urge that is so weak, and after medical treatment and spiritual, the case remains
the same, he can go ahead and have another wife to complement his thirst for sex.
5. At a time when women are many in the Muslim community and no one to take care of them as
supporter, a man with a wife can go ahead to take another wife(s). As a result of this, the
society will not suffer the consequences for leaving those women, either widow or divorcee or
engaged ladies, not catered for.
6. When a wife is wicked and very difficult to redeem, his husband can go ahead to have another
woman.
7. If a man desires for more children whom his wife at home could not afford to bear, he can take
another woman in.
8. A Muslim can also have another wife in other to redress the weakness he knows in his wife as
far as religion is concerned as well as her unsound mind. With another wife, he may acquire
the support in piety he desires in his home in building a virile family strengthened with strong
faith and piety. None of the circumstances above should be seen as an opportunity for having
another wife without recourse to the conditions guiding it. This is spelt out in the verse that
permits polygamy (Q4:3). That is, if you fear that you cannot be just among the wives as far as
material distribution among them is concerned and not financially and psychologically buoyant
to take another one in, desist from doing it and stay with the one you have only.
REASON FOR THE TYPE OF POLYGAMY PRACTISED BY THE PROPHET
The Prophet was both the political and spiritual head of state during his time. He got married at a
youthful twenty-five to a widow who was older than him by fifteen years. He maintained the
marriage for many years (about twenty-five years) till the death of his first wife. It was after her
death that he could desire to have another woman. Actually, it is
obvious that a man is, at most of the time, sexually engrossed while he is young than when he is
old and as well be able to play with a young lady with enjoyment much more than at the older
period. The Prophet that used to advise some of his companions to get married with younger
ladies whom they can play with and vice versa did not follow the suit. This is a justification that he
was not promiscuous as claimed by the enemies of Islam and the Islamic Family Law. He had his
first marriage with a widow older than him at a time his age group would have to marry younger
women. The Prophet later had another wife at the age of fifty while the total number of his wives
before his death was eleven. He married all of these women for reasons that must be considered
by any head of a community or state or nation. Many of his wives were elderly widows. His
marriage with these wives is for various purposes, some of which are:
1. To concretize the social and the political bonds between him and some of his companions. This
was the case with Abu Bakr (Aishah’s father) and Umar (Hafsah’s father).
[Link] humanitarian assistance. This was the case for most of his wives who were largely elderly
widows, such as Ummu Salamah, Thuwaybah, Sawdah bint Zam‘ah and Juwayriyyah.
3. For political expediency with other tribes. Example of this was Mariyah al- Qibtiyyah an Egyptian
Copt, the mother of Ibrahim.
4. For the establishment of new legislative matters. Example of this is his marriage to Zaynab bint
Jahsh, the former wife of the Prophet’s foster son, Zayd. With this marriage Allah ruled out the
law amongst the Arabs that a foster child is like one’s own child whose wife must not be
married by his foster father.
5. The Prophet was later commanded by Allah not to have more wives with and should not
release or divorce any of them (his wives) at the time the law was revealed to restrict
polygamy.
CONCLUSION
Polygamy is a restricted alternative in Islam which must not be bestrides. It is problem–solving to
the day-to-day chaos which is experienced in human society. The numerical strength of women
over men as a result of many incidents and circumstances poses threat on the security and
protection of the women fold. Many are left without socioeconomic care and support. Islam has
found a practical solution to this and thus, polygamy may be viewed as a right and provision for
women rather than being an advantage for men.
MARRIAGE AND BUILDING AN IDEAL SOCIETY
INTRODUCTION
Guardianship (Waliyy) is one of the conditions that must be in place for the validity of marriage in
Islam. Marriage contract may be null and void if it is not approved by the guardian in certain
circumstances. Paternity is a right that must be enjoyed by every child from his father. It is also a
right of a husband whose wife conceives through his semen/spermatozoa. In this unit, more light
would be shed on both course and rules guiding them.
MAIN CONTENT
Guardianship is of two types: The General one and the Particular one. The particular guardianship
is the one over a person and over property. The one under study right here is over person(s) which
is in marriage contract. Marriage guardianship (Waliyy) can be defined as the authority which is
legally conferred on a wholly qualified and fully competent person to protect another person who
is not independently capable to protect him/herself rights and interest. This is the right of the
father of the person or nearest male relative to him/her. There are certain conditions that should
be met by a guardian. The guardian must be an adult, free-born, and sane person. These are
binding on both the guardian and the guarded. A slave or an insane person or a minor cannot be a
guardian. The reason for this is that the latter has no guardianship on him/her not to talk of having
it over another person. In addition to this, the guardian must also be a male relative of the person.
However, if the person who is to be guarded happens to be a Muslim, another condition ensues.
That is, the guardian must also be a Muslim.
‫ﱣ‬ Allah has emphatically said in Q4: 141 that:
‫ﱢ‬
‫ﱤﱥﱦﱧﭧﭐﭨ‬
‫ﱠ‬ ‫ﭐﱡ ﱡﱠﭐ‬
‫س اءال ن‬: ١٤١

Meaning:
• And never will Allah give the disbelievers over the believers a way (to come over them).
Uprightness (al-’adālah) is not considered a condition that must be met by a guardian. This is
because immorality cannot deprive a guardian from enjoying the right he legally possesses except
if the immorality is so shameful. At this stage, the right would be withdrawn from the person. He
cannot be entrusted with the life of the guarded lest he misleads him/her. A guardian must also be
of sound mind and of good character. Different schools of law have different position on type of
person that should have a guardian in marriage. The purpose of guardianship clarifies it that it is
for the protection of the interests and rights of the guarded. This implies that the types of people
that are in need
of guardianship are unable to or incapable of protecting themselves and their rights independently
without the support of their people. Such people are: the minor, the insane, as well as the
inexperienced persons. In marriage, men are more relatively favored in this regard than women.
Most of the men usually marry women who are younger. In the same vein, men are relatively
more experience than women in practical affairs. Minor girls and indeed, the virgin among them
are in this category. Not every woman is of this lower character in the real sense. Some women
can safeguard their personal interest and individual rights by themselves. Adult female, adult
widow, major divorcee are not legally compelled to have guardian when contract marriage with
qualified men. Different opinions regarding what constitutes a woman’s lack of experience and
what endangers her moral integrity has led to different views on the conditions under which a
woman needs a marriage guardian. Her womanhood per se disqualifies her from being a guardian
to herself and to other person as well according to a view. A view opines that immaturity of a
minor disqualifies her from being a guardian to herself. Therefore, she needs someone to guard
her. Another view opines that her social status (nobility and wealth), at times, intensifies are need
for a guardian. Each side supports its position with the Qur’ān and other principles of law. The
scholars who insist on marriage guardianship consider it a duty rather than a right of the guardian
or at least a synthesis of both. Though, the guardian has the right to negotiate and conclude a
marriage on behalf of his ward and to give his consent or object to her unwise choice; he should
do all this in her best interest. If the guardian acts against the interests or the wishes of the ward,
she, provided she is an adult, has a religious-legal right to override his decisions. She can request
the legal authorities to annul any marital deal contracted against her wills, wishes or interests.
There is consensus among schools that those actions from a guardian which are for the good and
welfare of the ward are valid while those which are at her detriment are invalid. As far as those
actions which are neither advantageous nor detrimental to her interest and welfare carry different
views from the scholars. The Shafi’i, Maliki, and Hambali schools are of the opinion that the
guardian has the authority in marriage of his sane and major female ward, if she is a virgin.
However, if she is a widow or a divorcee his authority is subject to her consent and subservient
under her will. The Hanafis are of the view that no one has any authority over a sane, grown-up
female irrespective of her being a virgin or a non-virgin. This is binding provided she chooses her
equal and does not demand less than a proper dower (Mahr) for her marriage. In the case of a
minor, insane, and an idiot, the scholars agree that the guardian is authorised to contract marriage
on his/her behalf. The Shafi’ī, and Hambalī limits this authority to the case of a minor virgin or non-
virgin. While the Shāfi‘ī and the Ja‘farī consider only the father and the paternal grand-father as
competent to contract marriage
on behalf of a minor ward, the Mālikī and the Hambalī further limits it to the father and the Hanafī
school extends it to other relatives. This includes brothers and uncles. In addition to this, the
Hanafī and Shāfi‘ī schools regard a contract of marriage with a mentally retarded person as invalid
without the consent of his/her guardian, at the time the Mālikī and the Hambalī schools consider it
valid without the consent of the guardian.
THE ORDER OF PRIORITY IN GUARDIANSHIP
There is superiority in the cadre of guardianship of a person among his/her relatives. Schools of
thought differ in this regard. The Shāfi‘ī prioritizes the father in dispensing the duty of a guardian
on his daughter over anyone else. After the father comes the paternal grandfather, then the full
brother, then the paternal half-brother, then the brother’s son, then the paternal uncle, followed
by the paternal uncle’s son, and so on in the descending order. It is after no one could be traced
among the male member of the family that the right goes to the judge. The Mālikis give priority to
the father to be the guardian of his daughter. After him comes the executor of the father’s will,
then the son- with no regard to that son’s status in the society. That is, he might either be a
legitimate one or an illegitimate one. The brother to the female is next in priority to the son, then,
the brother’s son, then the paternal grandfather, the paternal uncle and so on in the descending
order. The judge will be saddled with this responsibility if the qualified relatives of the female are
exhausted. The Hanafīs prioritize the son of a female as her guardian, irrespective of his status by
being a legitimate son or illegitimate one, after the son comes the son’s son, then the father of the
woman, then the paternal grandfather, then the full brother, then, the paternal half-brother, then,
the full brother’s son, then, the half-brother’s son, then the paternal uncle, then the paternal
uncle’s son, and so on. The executor of the ward’s father’s will have nothing to do with marital
guardianship whatsoever according to the Hanafī school of thought. The Hambalīs gives the father
priority over any one else as a guardian in marriage contract. After the father comes the turn of
the executor of the father’s will. After this, the turn of other members of the relative in order of
the pattern of inheritance ensues. If they are all exhausted, the judge then takes the baton and
acts as the guardian to the female.
PATERNITY
Paternity is both the father’s obligation to and right upon the child. It is the basis on which various
legitimate claims may be made by both the father and the child. It is highly consequential
relationship with farreaching implications together with lineage. This makes it imperative to be
firmly placed where it actually and rightfully originates. Above all, it
cannot entirely rest on individual whims if it is to be effected. In Islam, child has an inalienable right
to legitimacy. Every child is entitled to a father and one father only. It is only in certain abnormal
circumstances that this right is hampered. The principle of legitimacy in Islam accords a father to
every child in which once the paternity is established it is done irrevocably. This is done for many
vital reasons: lineage, marriage, inheritance, provisions, maintenance, social status etc. The
Prophet warned that any woman who misplaces a child’s legitimacy by relating its descent to
someone who is not responsible for its conception has committed a grave sin alienated herself
from Allah and will be denied the bliss of the eternity. Likewise, a father who obscures his child’s
legitimacy by denying his responsibility for its conception has sinned against Allah and inflicted
upon himself universal disgrace. In Islamic jurisprudence, what may sound unusual or extreme
measure in order to ensure the child’s right of legitimacy is adopted. This can be seen in the
conception-birth span set by various schools of law. The minimum is six lunar months while the
maximum is four years. A child born within this range would be regarded as legitimate child of its
parents: both the father and the mother, even, after widowhood, divorce or separation and
before remarriage and within the four years the infant shall be a legitimate one to the parents.
Another point is that if the child is born before six month or after four years before remarriage and
the husband still recognizes it as his own, the child is still a legitimate one. However, if any infant is
born out of wedlock or through adultery or fornication the father would be denied its paternity as
a punitive measure for his illicit act as said by the Prophet:
‫وللعاھر الحجر) الولد للفراش‬،(

Meaning:
• The child is to the owner of the bed (that is, the real husband) while the stone is to the adulterer.
In this case, the child will be ascribed to his/her mother’s descent. The denial of an adulterous
father his paternity right is considered a punishment to him. It may also be seen as a punishment
to the mother for her snaring in the illicit act. The child is related to her because her maternal right
is not questioned. Unfortunately, this denial of paternity right may has psychological implication
on the child in the future. Another action through which legitimacy of a child is denied and the
husband paternity is at the same time denied is in the case of Li‘ān’. It is a phenomenon whereby a
man accuses his wife of infidelity and thus swear by Allah four times and invoke the curse of Allah
on himself (La’anatul- llah) in the fifth time should he be a liar, (Q24: 6- 7). The wife will also be
requested to do the same
thing four times while she will invoke the wrath of Allah (Ghadabul-llah) on herself should she be a
liar, (Q24: 8- 9). After this they will be separated irrevocably and the child’s paternity to that man
will be denied forever while the child lineage will be joined to her mother’s own. Marriage with a
pregnant woman or with a newly acquired slave is discouraged until the former gives birth and the
latter is proven to be free from pregnancy. This is to avoid any confusion of lineage and
misplacement of legitimacy.
CONCLUSION
Both the guardian and paternity aim at safeguarding rights and interests of the wards. Islam
condemns deceit, falsehood, cheating and any other wrongful act that can emanate from any
marital relationship as a result of improper concretization of the contract which its negative effects
are so devilish. For this not to happen, guardianship is established. Likewise, for the human society
to be rancour-free paternity is also given a strong support in Islam.
FAMILY PLANNING AND BIRTH CONTROL IN ISLAM CONTENTS
INTRODUCTION
There are some mischievous set of people who see Islam as a religion that never plans for the
well-being of its adherents and thus, alleges Islam as a religion that encourages uncontrolled birth
to many children without any consideration. Some of the scholars take extreme position in their
judgement for this while some scholars also take an extreme position in judging against it. In this
unit, family planning and birth control shall be discussed in accordance with the Islamic Law.
MAIN CONTENT
FAMILY PLANNING AND BIRTH CONTROL IN ISLAM
It seems somehow paradoxical to say that Islam does not allow birth control and what we see in
our society is where an average Muslim has children more than his non-Muslim neighbour in an
average means. Islam discourages killing of a human being. It also discourages abortion of a
formed fetus that has passed one hundred and twenty days and thus passes verdict on it as illegal
(Haram). This is considered to be synonymous with killing a living being. Evidence from both the
and the traditions of the Prophet that considers it a grave sin however, there are different
opinions on this. For example, when the mother’s life is at stake/danger; should the life of the
mother be protected or that of the unborn baby. There are different opinions on whether an
unformed pregnancy could be aborted
or not. Some scholars consider it as a detestable act (Makruh) for no essential reason. At the same
time, other scholars consider it, an illegal act/forbidden (Haram) because the child has the right to
life and security from the womb. This is why Allah has condemned the intentional killing of a child
either before birth or after birth. In spite of the fact that Islam encourages procreation of many
children to enhance numerical strength of the Muslim Ummah as said by the Prophet:
) ‫ تزوجوا الودود الولود فإني مكاثر بكم ا أل‬.‫( مم يوم القيامة‬
Meaning:
• Marry a loving and fertile (woman), because I will be boast of you (your population) among
nations in the day of resurrection”. It discourages what can endanger one’s life, (Q2:195):

‫ﭐﲔﲕﲖﲗﲘﲙﲚﲛﲜﲝﲞﲟﱠﭧﭐﭨ‬...‫ال بقرةﭐﱡ‬:١٩٥

Meaning:
• … And do not throw (yourselves) with your (own) hands into destruction...
Any action that is liable to taking life is strongly abhorred with reference to the above verse of the
Holy Qur’ān. Family planning and birth control can be viewed with this lens. Though, family
planning and birth control is a relatively modern phenomenon which came about as a result of
several interrelated factors. Family Planning may be seen as a way of planning the period of child
birth between one child and another. Birth control may be seen as a way of preventing pregnancy
–when the couple is not ready to have a baby at a particular time for personal reasons. There must
be a clear-cut clarification between taking family planning as a societal compulsory law and
individual voluntary measure. Making it the former goes against the divine rule while the latter is
allowed by the law. The permission given by the law to the latter can be inferred in the following
Qur’ānic verse (Q2: 233):
‫ﭧﭐﭨﭐ‬
‫ال بقرة‬: ٢٣٣ ‫ﱡﭐﲙﲚﲛﲜﲝﲟﲞﲠﲡﲢﲣﲥﲤﱠ‬
Meaning:
• Mothers may nurse (i.e., breastfeed) their children two complete years for whoever wishes to
complete the nursing (period).
The law extends the lactation –nursing period up to two full years. The Prophet was reported to
have warned against suckling the child by its pregnant mother. By inference,
 one can combine the Qur’anic verse and the Prophetic tradition and come to the conclusion that
Islam calls for some checks on irregular conception and indirectly requires the use of some
measures of contraception as far as both the husband and wife are not forbidden from having
their sexual enjoyment during the nursing period of their child. There is an agreement among the
jurists that married couple may prevent conception by mutual consent, temporarily or
permanently, if the prospective child is likely to be vulnerable to any hereditary disease. The type
of birth control practised by some companions of the Prophet was “’Azlu” meaning withdrawal
method. This was reported by a companion called Jabir:
‫–والقرءان ينزل) صلى الله عليه وسلم‬ ‫–كنا نعزل على عھد رسول الله‬ (
Meaning:
• We practiced the withdrawal method during the period of the Messenger of Allah – may the
peace and blessing of Allah be upon him – and the Qur’an was still being revealed. This means that
the revelation was still coming for the Prophet and this act was not forbidden for us with any verse
of the revelation. In another tradition which says:
‫ف لم‬ ‫–صلى الله عليه وسلم‬ ‫–فبلغ ذلك رسول الله‬ ‫–صلى الله عليه وسلم‬ ‫–كنا نعزل على عھد رسول الله‬ (
‫ينھنا‬ )
Meaning:
• We practiced the withdrawal method during the period of the Messenger of Allah – may the
peace and blessing of Allah be upon him – and the Prophet was informed of this, – may the peace
and blessing of Allah be upon him – and he did not forbid us (from doing so). It was on this many
scholars, including some of the companions, (the likes of Sa’d bn Abi Waqas, Zayd bn Thabit, and
Ibn ‘Abbas) and the Mālikī and Shāfi’ī schools of thought see no harm in using withdrawal method
as preventive means of conception. The Hanafites permit it with the consent of the wife. If she
does not consent to it, it is considered a detestable act (Makruh). By extension, in this
contemporary period using any other method cannot be harmful to the health of the mother for
birth control is not disallowed. The use of contraceptives, withdrawal method, sheath and other
means serves the same purpose and thus, not disallowed in the Islamic Law. The Zahirites look at
‘Azl (withdrawal method) as a forbidden act (harām) through a Prophetic tradition that labelled
the act as a hidden infanticide:
". : " ‫ فقال‬/‫ذلك ھو الوأد الخفي)م عن العزل‬ ‫ أن أناسا سألوا‬:‫رسول الله صلى الله عليه وسل (عن جذامة بنت وهب‬
Meaning:
• Judhāmah bint Wahab narrated that: Some people asked the Messenger of Allah – may the
peace and blessing of Allah be upon him- about the withdrawal ‘method’? He said; “that is a
hidden infanticide”.
This view was negated by some scholars such as Imām Al- Ghazālī who said that tradition does not
forbid the act but rather made it a detestable one (Makruh) as it makes someone sitting inside the
mosque not for worship’s sake, abhorrent. Thus, Islam does not abhor birth control and family
planning with any unharmed means in some certain circumstances. This may be because a man
with more children finds it difficult with a low income to cater for them and also give them proper
education and training. When the wife is not healthy to bear children this can also call for birth
control through the use of contraceptives or any other means. It may also be through abortion of
a fetus, if the delivery is medically diagnosed to be dangerous for the woman. Likewise, when a
man is so indigent, poor and has so many children, this may complicate his penurious status. He
can agree with his wife to apply any birth control method of choice.
CONCLUSION
Islam is a total way of life that takes a middle course in addressing any issue concerning the life of
mankind. It neither takes an extreme hard line nor an extremely soft line. Family planning and
birth control are commendable at the time its need is felt and condemnable when resorted to for
no important reason.
CHILD UPBRINGING IN ISLAM (AL-HADANAH), BREASTFEEDING (AL- RIDA’AH), FOSTERAGE (AL-
KAFALAH), AND CHILD ADOPTION CONTENTS
INTRODUCTION
After the first man and woman on earth, human beings began to multiply through child-birth. The
society is made from human beings and all their belongings; natural and artificial. The state of any
society depends on the type of people living there. No human being is born with innate acquired
skills, they are rather after-birth acquisitions. For an ideal society free from inhuman characters
Islam has set down a universal standard by which children should be brought up. In this unit, we
shall discuss Islam’s guidelines for handling child upbringing.
CHILD UPBRINGING IN ISLAM
Child upbringing encompasses many areas before and after marriage. It starts with what the
husband should do as a preliminary before marriage up until the time the children are old enough
to stand by themselves. It is incumbent on the parents to nurse their children, train them in
accordance to Islamic guidelines, and see to their welfares until they are matured enough and able
to dispense these activities by themselves. These are the duties imposed on parents and their
children. Some of these duties are social, economical, psychological, physiological, emotional,
intellectual, and spiritual, these duties commence with the father choosing a well-behaved mother
for his children. That is, he should search for a woman who is mentally, morally and spiritually well
to bear his children. Caliph Umar was reported to have said:
( ‫جوا في الحجر الصالح فإن العرق دساس‬ ‫)تزو‬

Meaning:
• Marry from a righteous compartment, (because) certainly, trace elements are hereditary.
The Prophet advises his Ummah to choose a woman who is religious rather than any other types
of women in marriage. Children’s right to legitimacy should be upheld. This will not put the child
into any type of social problems in the future, such as inferiority complex, insult/assault from the
community, underestimation, that might lead to psychological oppression and what have you.
Should the paternity be denied according to the Islamic Law based on an illicit act that may
precede his birth such as adultery or fornication, the child is not the one to suffer the
consequence. The welfare of the child is to be taken up by his/her mother or his maternal relatives
or the Muslim community if the child is left with no parent or any caring relative. After this, the
husband should heed the advice of the Prophet before cohabitation occurs with his wife. That is,
he should initially and always supplicate to Allah before having sexual intercourse with his wife.
With this, Satan will not have power over the child if the union results in pregnancy thereafter.
Proper medical and spiritual care should be taken during the pregnancy up till the time of delivery,
so that any spontaneous abortion will not occur. A child has the right to life and security from the
womb. This is why Allah has condemned the intentional killing of a child either before birth or after
birth. However, all of the schools of thought and the scholars generally condemn intentional killing
of a child after birth as indicated in the Qur’ān and the traditions of the Prophet that consider it, a
grave sin. Notwithstanding, there are different opinions on the type of fetus that should not be
terminated. Some scholars condemn termination of any form of fetus; either developed or
undeveloped, while some opine that the undeveloped ones may be terminated for medical
reason in order to save the life of the mother or for
other justified reasons. After the delivery, another phase of child upbringing mechanism in Islam
continues. The prophet says that the child should be given a good name on the seventh day, his
head shaved and the hair should be weighed. The weight of the hair in gold or silver should be
given away in charity and appreciation to Allah. The equivalent of the gold or the silver may be
given in one’s national currency. In addition to this, his/her ’’aqiqah should be slaughtered on that
seventh day except for a cogent reason should the ‘aqiqah be delayed. It should be distributed
among the poor:
‫"ذبح عنه يوم السابع ويسمى فيه ويحلق ر‬. ‫م مرتھن بعقيقة ت" الغ ال‬

Meaning:
• The fate of the child is hanging until a ram slaughtered on his behalf in the seventh day, and he is
given name (on that seventh day) as well as shaving his head (at that seventh day).
Circumcision is a right that should be enjoyed by a new born baby in Islam. This is done in
accordance with the sex of the child. It is among the five natural thing (fitrah) mentioned by the
Prophet to get rid of (alKhittan and al-Istihdad). The feeding and maintenance required by this
child should all be taken care of by the father while in the custody of the mother or the
nursing/foster mother. This is an injunction from Allah in Q[Link]
‫ﭧﭐﭨﭐ‬
‫ﲪ‬ ‫ﱡﭐﲙﲚﲛﲜﲝﲟﲞﲠﲡﲢﲣﲥﲤﲦﲧﲨﲩ‬

‫ﳁﳂ‬ ‫ﲵﲶﲷﲸﲹﲺﲻﲼﲽﲾﲿﳀ‬ ‫ﲫﲬﲭﲮﲯﲰﲱﲲﲳﲴ‬

‫ﳃﳄﳅﳆﳇﳈﳉﳊﳋﳌﳍﳎﳏﳐﳑﳒﳓﳔﳕﳖﳗ‬

‫ال بقرة‬:٢٣٣ ‫ﱠ‬ ‫ﳚﳛﳜﳝﳞﳟﳠﳡﳢ‬ ‫ﳘﳙ‬

Meaning:
• And mothers may nurse (i.e. breastfeed) their children for two years for whoever wishes to
complete the nursing (period). Upon the father is their (i.e., the mothers’) provision and their
clothing according to what is acceptable. No person is charged with more than his capacity. No
mother should be harmed through her child, and no father through his child. And upon the
(father’s) heir is (a duty) like that (of the father)”. And if they both desire weaning through mutual
consent from both of them and consultation, there is no blame upon either of them. And if you
wish to have your children nursed by a substitute, there is
no blame upon you as long as you give payment according to what is acceptable. And fear Allah
and know that Allah is seeing of what you do.
The above verse clarifies that the duty of maintenance is upon the father in accordance with his
income. There is also a room for the parent to hire a nursing mother for their child. The father is
not given the absolute power to determine the affairs of the offspring without a mutual
agreement after due consultation between the two partners. If consultation is prescribed by the
divine law in a mere matter of weaning then in other affairs of the child, it should take a stronger
preference. When the child starts growing, it is an obligation on the parents to provide maximum
security and protection against all that could harm him in the general sense. In spite of that,
parents among the believers were enjoined to protect their wards and households from hell fire; it
further implies that they should be protected from all danger that can be inflicted on their
household. Hell fire being the greatest of this danger. Tender cares should also be shown to the
wards so that they can feel a sense of affection from their parents. The love and affection which
Allah has put between the parents (as stated in Q30:21) should be manifested in the upbringing of
the children.
‫ﭐﱡﭐﲃﲄﲅﲇﲆﭧﭐﭨ‬
٢١ : ‫ال روم‬ .... ‫ﱠ‬
Meaning:
• .. and He has put between you love and mercy.
They should enjoy the parental love. Consequently, they will have confidence in their parents’
security. The parents should desist from any act which the children can emulate from them
unconsciously such as cruelty, foul talks, assaulting, insulting and cursing each other, telling lies,
dishonesty etc. At the age of seven, the children should be taught how to observe prayer (Salat)
and they should be directed to do so. The Islamic etiquettes on how to deal with many of our day
to day activities such as the ethics of eating, drinking, sleeping, greeting, dealing with one’s
parents, dealing with one’s siblings, dealing with one’s neighbours (Muslims and non-Muslims)
dealing with the elderly ones should be taught step by step and gradually in conformity with their
age needs, and in an integrated manner in the house initially before going out for any formal
education. The parents may employ an Islamic tutor to handle the Islamic teachings if they are not
competent to handle it by themselves. At the age of ten, if the child refuses to observe the Salat
he/she should be punished by a mere harmless beating. When they are growing they should be
separated from sleeping in the same place most importantly, if they are of different sexes. The
Prophet says:
 )( ‫ وفرقوا بينهم في المضاجع‬،‫ واضربوهم عليها وهم أبناء عشر‬،‫علموا الصبيان الصالة لسبع سنين‬
Meaning:
• Teach your wards (how to observe) Salat at the age of seven and (if they do not observe it) beat
them at the age of ten, and separate their beds.
It is the responsibility of the parents to give their children the Islamic/Qur’anic education for them
to live up to spiritual standard expected of an ideal Muslim. This will also assist them in living God-
fearing lives. It is also an obligation on the parents to give their children all the types of education,
skill and training that will assist them in making their livelihood easy and better. Proper monitoring
should always be given to the children in all their affairs. The types of friends they are going out
with should also be assessed lest they learn bad habits outside their parents’ home. In addition to
this, the parents have it as an obligation on them to play justly among their children. They should
not show love to one at the expense of the others. They should not distribute things among them
unjustly. The Prophet was reported to have said:
) ‫ ساووا بين أو ل‬... ‫( دكم في العطية‬
Meaning:
• "Do equality among your children in gift… "
The parents’ responsibility for the child’s welfare remains binding as long as the child is a minor or
incapable of taking care of itself including its security. The child’s socialisation to the Islamic
environment will in all probability be successful when both parents are Muslims fulfilling their
parental obligations Islamically, normally and adequately. The growth of the children in an ideal
environment will help a lot in shaping the lives of their children. They will eventually develop a soul
free from evil, and a mind filled with contentment and kindness and a selfless life style embedded
with community interest and concern. When the children reach a marriageable age, one of their
rights at that period is that the parent should guide them in choosing a life partner. A female child
needs proper care so that she can protect her chastity till the time she gets married. The Prophet
was reported to have said:
) ‫(لم ه صلى الله عليه وسيتين حتى تبلغا أنا وھو كھاتين في الجنة وأشار بأصبعي من عال جار‬
Meaning:
• "Whoever nurses two female children till they reach puberty He and I will be like this in
the paradise. And he demonstrated it with his two fingers".
 This implies that Islam wishes for every Muslim lady to leave her parents’ home to her husband’s
house still a virgin. If it happens to be a male the father will assist him in securing a good wife. The
parents’ obligations to their children persist till the time they are a full-fledged man or woman that
can live and support themselves in all what their parents are taking responsibilities of. 3.2
Breastfeeding (A’r- Radā ‘Ah) and Fosterage (Al-Kafālah) Breastfeeding is encouraged, in Islam, to
be given to a new-born baby within two years (hawlayni kāmilayn). This is a good advice given to
the parents by the Divine Being Who knows what is better for mankind. This is seen in Q[Link]
quoted earlier on. The verse enjoins the parent on a better way of caring for their child in terms of
feeding. It clearly explains responsibility of each of them (the father and the mother). However,
they can also agree on hiring a wet nurse to do this on behalf of the mother for one reason or the
other. The term of agreement between the parents and the nursing mother should be clearly
stated. Certain conditions must be considered when a third party is responsible for breastfeeding
the baby. These are very important. The nursing mother must be healthy enough to carry out the
task. She must be free from any infectious disease. She must be of good character. She must be
sane, and of sound mind. The Prophet warns against hiring a woman of low IQ or an idiot or an
imbecile to suckle one’s child for her imbecility could be transferred onto the child. Above all, after
the suckling, there must not be a marital relationship between the wet nurse, the weaned baby,
and the children of the wet nurse or her consanguine relatives. This is a decree made by the Law
Maker (ALLAH) in the Islamic Law that you should marry neither your nursing mother nor your
sisters who are nursing...

‫س اءال ن‬: ٢٣ .... ‫ﱠ‬ ‫ﭧﭐﭨﭐﱡﭐﱾﱿﲀﲁﲂﲃ‬

Meaning:
• (It is prohibited for you to marry) your (milk) mothers who nursed you, your sisters through
nursing.
There are some Prophetic traditions in support of this prohibition. Among them are:
" ‫" يحرم من الرضاعة ما يحرم من النسب‬
Meaning:
• That which becomes unlawful due to consanguinity becomes unlawful due to breastfeeding (al-
rida’).
Thus, as close relation can cause prohibition of marriage so also is the nursing relation. By
extension, according to the tradition above, breastfeeding also prohibits marriage
 between members of the same weaning mother. Therefore, according to the consensus of
schools of laws, any female who as a result of nursing/breastfeeding becomes one’s foster
mother, or one’s foster aunt (both paternal and maternal) or one’s foster niece, or one’s foster
daughter or foster sister has become prohibited for oneself to marry. Different schools hold
different views on the type of breastfeeding that can prohibit marriage relationship among
members of the same suckling mothers. The Hanafī and the Mālikī regard either more or less
breastfeed or even a drop as a type in establishing prohibitive relationship among members of the
same suckling mothers. The Shāfi’ī and the Hambalī considers five breast-feedings as the
minimum. According to them, if it is more than five, marriage relationship is henceforth prohibited
among them. A tradition from the Prophet opines another view as thus:
( ‫ فإن الرضاعة من المجاعة‬،‫)انظرن من إخوانكم‬
Meaning:
• (Women) look at those who are your brothers, verily (the real) suckling is the one out of hunger).
This tradition is followed by the Jafarī whose view is that the suckling that can prohibit relationship
should be the one from which the child gets fed and thus builds his body (grow or develop). Any
other one other than this does not prohibit relationship. In support of this stand there is another
tradition that says:
‫تحرم المصة والمصتان " ل‬ "
Meaning:
• A suckling or two does not prohibit (relationship).
With this tradition Hanafī and the Mālikī views are out of context while that of the Shāfi’ī and the
Hambalī may still have a stand. Breastfeeding is also used during the time of the Prophet to allow a
child enjoy some opportunity. Example of such is opportunity to enter into a woman’s house just
as that woman’s consanguine relatives. It was related that Aishat said:
‫نا وقد ب لغ ما يبلغمولى أبي حذييفة معنا في بيت‬ : ‫ إن سالما‬،‫ جاءت سھلة بنت سھيل فقالت يا رسول الله‬:‫قالت‬ (
‫"أرضعيه تحرمي عليه‬:‫")الرجال فقال‬

Meaning:
• Aishat said: Sahlah daughter of Suhayl (came to the Prophet and) said: O the Messenger of Allah,
verily, Salim the servant of Abu hudhayfah is with us in our house. And he has, surely attained
puberty. The Messenger of Allah said: “suckle him you will be prohibited for him”.
Scholars argued on this tradition on whether it is binding and particularly on Salim alone or
generally on every other person. The majority of the disciples of the Prophet, their followers and
the scholars of jurisprudence opine that the type of suckling that prohibited is the one given to a
baby within the first two years or before weaning. As far as fosterage (al- kafalah) is concerned,
that is, taking care of a child in the custody of somebody else, it is an act that has been in operation
before Islam. It was done for the mother of prophet ’Isa, Maryam, by Prophet Zakariya’:

‫مرانآل ع‬: ٣٧ ..... ‫ﱠ‬ ‫ﭧﭐﭨﭐﱡﭐﳆﳈﳇ‬

Meaning:
•. And Zakariyya’ took care of her.
Likewise, Prophet Muhammad was taken care of under the custody of Halīmah as- Sa‘diyyah, then
his grandfather, Abdu `l-Mutallib, and after his death his uncle, Abu Tālib took the baton. This act is
not disallowed or prohibited in Islam. A Muslim child can be taken care of by another person
whether the parents are alive or not. This can be done for compensation or voluntarily for charity.
However, for both purposes, the foster man or woman must fulfill some conditions. Initially, a
mother is saddled with the responsibility of taking care of her child or children. It is after her and
after women among her relatives and female relatives of her husband such as his mother,
husband’s sister’s and husband’s aunt, that the husband takes the responsibility. Women are
preferred to men in this regard. The turn of the grandfathers, brothers, uncles etc. comes after the
father. People from the child’s relatives are preferred to others provided there is no barrier that
can hinder them from pedaling the task. Such barriers will be mentioned below. Its relatives are on
the first cadre because they are the first set of people to love it and its rights and interests and that
will be ready to lead it aright. When they are all exhausted, the judge will then vest the authority
to choose a qualified person to shoulder this responsibility. The foster man/woman must be an
adult, a sane, a healthy and an able person. He/she must be trustworthy and of commendable
good character. He must be a Muslim lest he/she brings up the child in his/her faith or religion.
He/ She must be married and must be a free person (not a slave).
ADOPTION (AT- TABANNI)
Adoption was a widely known practice among the Arabs before Islam. It continued in the Islamic
era until the time it was later banned. Though, Islam encourages kindness and generosity to all
and sundry; not to the extent of taking strange blood into one’s family as a member of that family.
Adoption is the taking of a child of known parentage by a person and training him. Islam does not
allow adoption but enjoins general kindness and caring of children and younger ones. Some of the
resultant effects of adoption are:
1. It can cause upset in the structure of kinship as regards inheritance, provisions, solidarity and
mutual chances.
2. It can also tamper with the order of the society by obstructing natural relatives from their
God-given rights or prevent them from carrying out their God-ordained duties. 3. it can also create
uncertainty in the mind of some potential heirs and rightful claimant. 4. it can also give room for
substitution of natural parents and relatives thus, causing confusion on the long run.
5. it can also hurt other adopted children’s relatives in their legitimate interests or affect the kin’s
mutual obligations. Adoption was illegalised by Allah by exemplifying the Prophet’s life in this
regard. The Prophet adopted son, Zayd bn Harithah was used as an example to abrogate the
act. To this effect the following verses were revealed, Q33: 4- 5.

‫ﲁﲂﲃﲄﲅﲆ‬ ‫ﱷﱸﱹﱺﱻﱼﱽﱾﱿﲀ‬ ‫ﭧﭐﭨﭐﱡﭐﱶ‬

٥ - ‫األحزاب‬: ٤ ‫ﲇﲈﲉﲊﲋﲌﲍﲎﲏﲐﲑﲒﲓﲔﲕ ﱠ‬
‫ﲖ‬

Meaning:
• …And He has not made your claimed (i.e. adopted) sons your (true) sons. That is (merely) your
saying by your mouths, but Allah says the truth, and he guides to the (right) path. Call them by (the
names of) their fathers; it is more just in the sight of Allah. But if you do not know their fathers-
then they are (still) your brothers in religion and those entrusted to you… These verses abrogate
adoption as a practice in Islam. Children under one’s custody should be called by their biological
father’s names and not with by the foster or custodian’s names. There is another verse with which
a legal ruling was given on permissibility of marriage with one’s adopted son’s divorced wife. Q33:
37 says:
 ‫ﱣﱢ‬
‫ﱠﱡ‬
‫ﱟ‬
‫ﭧﭐﭨﭐﱡﭐﱛﱜ ﱞ‬
‫ﱝﱤﱥﱦﱧﱨﱩﱪﱫ‬

‫ﱬﱭﱮﱯﱰﱱﱲﱳﱴﱵﱶﱷﱸﱹﱺﱻﱼﱽﱾﱿﲀ‬

‫األحزاب‬: ٣٧ ‫ﲉﲊﲋﲌﲍ‬
‫ﱠ‬ ‫ﲁﲂﲃﲄﲅﲆﲇﲈ‬

Meaning:
• And (remember, O Muhammad) when you said to the one on whom Allah bestowed favour and
you bestowed favour, “keep your wife and fear Allah” while you concealed within yourself that
which Allah is to disclose. And you feared the people, while Allah has more right that you fear Him.
So, when Zayd had no longer any need for her, we married her to you in order that there not be
upon the believes any discomfort (i.e. guilt) concerning the wives of their claimed (i.e. adopted)
sons when they no longer have need of them, and ever is the command (i.e. decree) of Allah
accomplished.
With this, the paternal relationship between the adopted child and the adopted father was
abrogated and annulled out-rightly. Child may be kept under one’s custody for fostering but not as
an adopted child.
CONCLUSION
A ward’s training in Islam encompasses both the spiritual and temporal aspects. Every Muslim
child is entitled to this training which imposes a duty on the parents. The human society is assured
of decorum, peace, harmony, love and tranquility if the Islamic child upbringing mechanism is
adhered to by the Muslims or borrowed by other systems. In the same sense, breastfeeding and
fosterage in line with the Islamic guidelines facilitates the better living for the parents, the foster
mother as well as the child, while adoption is very liable to distort the family structure and cause
mayhem in the society at large.
OTHER RELATED ISSUES
DIVORCE INITIATED BY HUSBAND (ATTALAQ) AND DIVORCE AT THE INSTANCE OF WOMAN
(KHUL’) IN ISLAM CONTENTS
INTRODUCTION
Islam, together with marriage aims at building a healthy family unit that combines with another
unit to form a human community devoid of rancour and chaos. At times, when marriage cannot
help in achieving this goal, Islamic Law allows for dissolution of the
marriage. Though, marriage dissolution is generally frowned at; it may be the last resort in
achieving a peaceful environment between couples. We shall look at marriage dissolution at the
instance of the husband as well as at the instance of the wife in this unit.
MAIN CONTENT
A`ţ-Ṭalāq (Divorce at the Instance of the Man) A`ţ-Ṭalāq is an Arabic word is derived from the word
al- Itlaq this literally means setting free, as it is in setting a camel free ( aţlaqa ` nNāqah) or setting a
slave free (aţlaqa al-Asīr). Technically, it means the dissolution and unknotting of a marriage
contract as well as putting an end to marital relationships orchestrated by the husband. It is an act
that is considered detestable (Makruh) by the law Maker (Allah) according to a popular tradition
related to the Prophet. Islam aims at building a healthy human environment which will facilitate
the dispensation of one’s duty to the Supreme Being, Allah, as well as mankind. This cannot be
achieved in an atmosphere where conflict is the order of the day. In order to achieve this aim, a
conflicting couple is given a chance to untie the knot they have entered into and go their separate
ways peacefully. However, there are certain circumstances that can call for divorce at the instance
of the husband after which all available means to settle the couple could prove abortive. When a
wife transgresses the bounds of decent behaviour, the husband is enjoined to take some steps
which may lead to correction. This is contained in Q[Link]
‫ﱟ‬
..‫ﱝﭧﭐﭨﭐﱡ‬
‫ﱘﱙﱚﱛﱜ ﱞﱡﱠ‬.

‫س اءال ن‬:٣٤ ‫ﱣ ﱢﱤﱥﱦ ﱠ‬

‫ﱧ‬

Meaning:
• ..But those (wives) from whom you fear arrogance first) advise them; (then if they persist),
forsake them in bed; and (finally), strike them. But if they obey you (once more), seek no need
against them.
The three methods to correcting a woman when she transgressed the bound of decency to her
husband according to the Qur’ān are: by giving her admonition, by boycotting her bed, and by
beating her in such a way that no harm will be inflicted on her neither should she be beaten on the
face. The first method alone may be enough to redress the anomaly. In cases whereby it is not
enough, the second method may be applied. If this is also not yielding result, then the third
method may be used. An arrogant and stubborn wife might not be curbed by all these. There is
another method which is prescribed by the Law - Maker in Q4: 35:
‫ﭧﭐﭨﭐﱡﭐﱮﱯﱰﱱﱲﱳﱴﱵﱶﱷﱸﱹﱺﱻﱼ‬

‫س اءال ن‬:٣٥ ‫ﱽﱾﱿﱠ‬

Meaning:
• And if you fear dissension between the two, send an arbitrator from his people and an arbitrator
from her people. If they both desired reconciliation, Allah will cause it between them. It is after the
failure of the arbitration that dissolution is later allowed. So far that the discord cannot be
reconciled by both the husband and the wife (without any third party), at the same time, third
parties have no influence in settling the discord, dissolution will probably or eventually proffer
peace. Before a divorce can be valid certain conditions must be met. The husband must be an
adult whose sanity is unquestionable. The divorce must be freely accepted by both parties.
Meanwhile, A`ţ-Ṭalāq is of two kinds: Sunnatic divorce (talaq sunni) and innovated divorce (talaq
bidai). Sunnatic divorce is the one that takes place in conformity with the dictate of the Shari’ah.
That is, the pronouncement of first time divorce on a woman whose marriage has been
consummated in her state of purity which her husband has the right to cohabit with her in it. After
this, it happens like that in the second period and later the third one. With this third
pronouncement the woman has become illegal for the man unless she gets married to another
man and later divorces. It is after the dissolution of the latter marriage that the first husband can
remarry her.

‫ﭧﭐﭨﭐﱡﭐﳊﳋﳌﳍﳎﳏﳐﳑﳒﳓﳕ ﱠ‬
‫ال بقرة‬:٢٣٠ ‫ﳔ‬

Meaning:
• And if he has divorced her (for the third time), then she is not lawful to him afterward until (after)
she marries a husband other than him.
The first and the second pronouncements are called A`ţ-Ṭalāq ar-Raj’I while the third one is called
A`ţ-Ṭalāq al- Bā’in. A`ţ-Ṭalāq ar-Raj’ī is that one where the husband can take the wife back. It is the
first two divorce pronouncement. A`ţ-Ṭalāq al- Bā’in is the one where the husband has no legal
right to recall the wife back to him. It is on this that Q2: 229 says:

‫ﭧﭐﭨﭐﱡﭐﲖﲘﲗﲙﲚﲛﲜﲞ ﱠ‬
‫ال بقرة‬:٢٢٩ ‫ﲝ‬

Meaning:
• Divorce is twice. Then (after that), either keep (her) in an acceptable manner or release (her)
with good treatment.
During the waiting period of the first pronouncement the couple can enjoy sexual intercourse.
With this, the discord is settled and the waiting period expires. At the second pronouncement, as
the case may be, the couple can still enjoy themselves sexually and put an end to the waiting
period with that or with any other form of reconciliation. However, this is not allowed in the third
time. The husband has lost his legal right as the husband of that woman. During the first two
waiting periods, the husband is responsible for the provision and the maintenance of the wife
while this is not the case in the third one. Looking deeply into the wisdom behind the first two
pronouncements and the waiting period therein, one would see that Islam does not encourage
divorce. It believes that the angry husband may overlook the shortcomings of the woman in this
period and eventually forgives her or settle the quarrel between them wisely. On the contrary, the
third pronouncement illegalises the woman for the man. One of the wisdom behind this is that the
divorce pronouncement should not be taken for granted. It should not be seen as a statement or a
declaration a man can just give for fun without seriousness. Therefore, men should be cautious in
handling matters that can eventually lead to divorce between them and their spouse. The second
type of divorce is innovated divorce (Ṭalāq bid-‘ah). It is the one that does not follow the laid down
rules of the Sharī’ah with regard to divorce ordinance.
An instance of this is when a husband divorces his wife with three pronouncements at one sitting
to represent three pronouncements at different three sittings or to use a single pronouncement in
place of three. Another example of this is when a woman is divorced during her menstrual period
or child – birth blood. This is considered invalid or syncretised and thus considered illegal. Any
divorce process that follows the underlisted protocol is acceptable as talaq hasan (good divorce).
The pronouncement must be three times following one after another successively at different
periods. These pronouncements must be made during three consecutive periods of purity (tuhur).
The husband should not cohabit with the woman during any of these three periods of purity. The
divorce is redress- able not until the third pronouncement is made. There are different ways of
uttering divorce statements. It can be through a direct statement to the woman; such as “you are
a divorcee” you are returned back to your (father’s) house” or any other utterance that can imply
this. It can also be in a written form. This should not contain any ambiguity just as the utterance
should not be ambiguous. It can also be through sign language for a man who can neither talk nor
write. In the same vein, divorce can also be implemented in proxy.
Another point that must be mentioned is that certain circumstances can make divorce a
compulsory act. An instance of this is when a husband accuses his wife of infidelity openly (al-Li’an)
and thus swears in the name of Allah four times and invoke the curse of Allah (la‘nah) on himself in
the fifth time should he be lying. The wife is also asked to do the same but swear the wrath
(Ghadab) of Allah on herself in the fifth one should she be a liar. In this situation, divorce is
irrevocable. This is contained in Q24-6- 9. Any child whose paternity is denied by the husband will
be attributed to the mother. And its maintenance will be upon the mother. Meanwhile, there are
different opinions among the schools of thought on this type of separation whether it is a ţalāq or
a faskh. Faskh is a separation between a man and a woman usually done by the judge in a Sharī
‘ah court.
AL- KHUL-‘U (DIVORCE AT THE INSTANCE OF THE WOMAN)
Al- Khul-‘u is a type of divorce where the woman happens to be the one that requests for the
dissolution of the marriage in the Islamic court of law for an unbearable reason or the other which
is genuinely justifiable under the Sharī ‘ah. The woman might be tired of the marriage or no longer
loves her husband. She might also be experiencing ill treatment and torture from him. Likewise, it
may be as a result of the inability of the husband to fulfill the terms of the marriage contract
between them, husband’s insanity, incurable impotence, among other reasons. There are certain
conditions that must be fulfilled in order to effect Khul-‘u. The woman should be ready to return
the whole bride gift (mahr) given to her by her husband or part of it in consideration of which the
husband is to release her. If the wife could not pay the dowry back to his husband the marriage
can be dissolved through “Mubaara’ah”. With this, both of them will consent mutually and
nothing is paid back to the husband. Both parties are allowed by the law to reach an agreement
that will assist them in unknotting the contract peacefully.
CONCLUSION
The Islamic way of life encompasses every sphere of life. No other system possesses the type of
rules guiding divorce accurately as that of the Islamic law. Likewise, it shows one of the
characteristics of Islam as a problem solving mechanism together with the recognition of the
dignity, respect and solemnity in marriage. As the husband has the right to divorce likewise the
woman. No sex has supremacy over another sex in this sense. Any of the couple can feel he is
being cheated or tortured.
WAITING PERIOD ('IDDAH)
INTRODUCTION
 Marriage in Islam is a covenant that should not be broken for no justifiable reason. Divorce is a
given right for both the man and the woman should any condition call for it. However, the way it is
practiced in every other system and religion is clearly different with what is obtainable in Islam.
The case of the waiting period is one of the distinguishing factors between divorce in Islam and in
other religions or system. We shall look at the concept of ’Iddah in the Sharī‘ah in this unit.
MAIN CONTENT
Waiting Period ('Iddah) ‘Iddah (waiting period) is an Arabic word, that is taken from ‘adad
(number) and iħşā’ (counting/calculation). Technically, it is the name given to the period a woman
is waiting and not allowed to remarry (till the expiration of the period) after the demise of her
husband or a divorce pronounced over her. It has its basis in the texts of the Qur’ān and Hadīth
and consensus of the Muslim scholars (Qur’ān 65:1).

‫ﭧﭐﭨﭐﱡﭐﱁﱂﱃﱄﱅﱆﱇﱈﱊ ﱠ‬
١ : ‫ﱉالط الق‬

Meaning:
• Prophet, when you (Muslims) divorce women, divorce them for the commencement of their
waiting period and keep count of the waiting period.
In the above verse Allah commanded the believer to let their women observe the waiting period
when they are divorced. This is a command from the Creator. In another verse He mentioned the
duration of period. One of them is Q. 2: 228 says:

‫ﭧﭐﭨﭐﱡﭐﱨﱩﱪﱫﱭ ﱠ‬
‫ال بقرة‬:٢٢٨ ‫ﱬ‬

Meaning:
• Divorced women remain in waiting (i.e. do not remarry) for three periods.
The (Quru’) mentioned in the above verse means two things according to the scholars of
jurisprudence and exegetes of the Qur’ān. It may be interpreted as the period of purity or the
period of menstruation. Hence, it implies that three purity periods is counted as a waiting period
or three menstrual periods. One of the prophetic traditions in support of
this is the command of the Prophet to Fatimah bin Qays: ‫( م) اعتدي في بيت ابن أم مكتو‬

Meaning:
• Observe your waiting period in Ibn Umm Maktum’s house.
 It was also reported that when Abdullahi bn Umar divorced a wife of his while she was on her
menstrual period, the Prophet instructed Umar to inform his son, Abdullah, as follows:
( ‫ فتلك العدةالتي أمر‬،‫مره فليراجعها ثم يمسكها حت تطهر ثم تحيض ثم تطهر ثم إنا شاء أمسكها وإن شاء طلق قبل أن يمس‬
‫انه أن تطلقها النساء )الله سبح‬

Meaning:
• Instruct him to return her to himself until she is pure. After that she does another menstrual
period and later gets pure. Then, if he likes he can hold her back or he divorces her before he
touches her. And that is the waiting period which Allah commands that the women are to be
divorced in it.
There are four types of waiting. These are as follows:
1. Waiting period for a divorcee that can still bear a child. That is, she is still menstruating.
Her waiting period is three menstrual or three purities.
[Link] period for a woman that can no longer bear children. That is, she has reached
menopause. Her waiting period is three months.
3. Waiting period for a non-pregnant widow is four months and ten days.
4. Waiting period for a pregnant widow lapse when she delivers her baby.
5. A yet to be consummated marriage attracts no waiting period for a woman under such
circumstance.
• All the above stated categories of waiting women are explained in the following verses of the
Qur’an: Q2:228, 65:4, 2:234, and 65:4 respectively. Some of the wisdom behind waiting period is: It
shows how solemn, essential, exorbitant, honourable and dignified marriage is in Islam. It is not just
an institution one can trivialise. People have to gather together (no matter how few their number)
before its contract is signed. Therefore, it has to take a certain period before it is wholly unknotted.
In the case of Iddah in divorce, it gives room for both parties to reconcile and come together as
couple provided they see future in it. During the period, there would be knowledge of the state of
the womb of the woman. Has she got impregnated or not? With this, she would not carry a
family’s blood into another family where a bastard child will be provided for and maintained
unknowingly. In the case of an Iddah of widowhood, it is used to mourn her husband with the
relative of the husband and to determine her status i.e. whether she is pregnant or not. During
‘Iddah period, the divorcee or widow is expected to behave moderately and must not remarry at
that period. She should also desist from any form of dressing or make-up that can attract men to
her during widowhood in Iddah. Observance of waiting period
 of a non-Muslim wife who is from the people of the book (Jews and Christian), is controversial
among the schools of thought. The Mālikī, Shāfiī, and Hambalī opine that the waiting period is
obligatory on her. Nevertheless, these three schools do not see al- Hidād compulsory for her while
observing the waiting period of widowhood. Al- Hidād is a situation where a bereaved woman will
do away with cosmetics, elegant looks and make-ups after the death of her husband for a period
of time. The Hanafī school of thought is of the opinion that a non-Muslim woman married to a
non-Muslim man is not obliged to observe any waiting period. As far as provisions and
maintenances for a woman in her waiting period is concerned, the schools of thought also differ in
some areas. There is agreement among them that a revocable divorcee will observe the waiting
period at the husband’s home. The husband should not evict her out of his house during her stay
while she also is not allowed to leave the husband house for another place during that period. If it
is an irrevocable divorcee, the four famous schools of law, Mālikī, Shāfiī, and Hambalī and Hanafī
agree that it is the same thing with the revocable divorcee. They support this view with Q.65:1. On
the other hand, the Jafarī opines that the woman is free to observe the waiting period anywhere
she likes. This is because the marital bond between her and her husband is no more there. The
provision and maintenance rights of a revocable divorcee rest upon the shoulders of the husband.
This is a consensus among the schools of thought and the scholars. There is also a consensus on a
woman whose husband is dead that she has no right of maintenance while she is in her waiting
period. This included whether she is pregnant or not. However, the Mālikī and the Shāfiī go further
to view that she is entitled to shelter only. The Shāfi‘ī says that if there is a separation between
them while she is pregnant and the husband dies in that period, her maintenance shall not cease.
But according to the Hanafī, if a woman is in her revocable divorce and the husband dies during
the waiting period, that divorce waiting period will be changed to death waiting period. With this,
her maintenance will cease except in case the court asks her to borrow for her maintenance which
she actually did. The maintenance shall not cease in this situation. In case of irrevocable divorce,
different opinions come to play. The Shāfiī, and Hambalī opines that if she is pregnant she is
entitled to maintenance and if she is not, no right of maintenance for her. According to the Shāfi‘ī,
this maintenance is on a condition that she does not leave her waiting period house for no reason.
The Hanafī opines that she is entitled to maintenance, whether pregnant or not and regardless of
the numbers of time the divorce pronouncement has been made on her. This is on condition that
she does not leave the place provided for her by the husband to observe the waiting period. The
Mālikī says that she is entitled to full maintenance when she is pregnant, even when she leaves her
waiting period place for another place. This is because the maintenance is meant for
the child in the womb and not for the mother. In contrary to this, if she is not pregnant she is only
entitled to housing and nothing more.
CONCLUSION
Waiting period is one of the characteristic features of concept in marriage and divorce in Islam
that showcases Islam as a complete way of life in all its spheres. No other religion or system of law
has this respect for marriage. Even, widows are not allowed to remarry in many other faiths and
religions unlike in Islam where life still continues after the death of a partner in marriage. No room
for ‘for better for worse’ or ‘until death do us apart’ in Islam. Suffering and smiling syndrome in
many other religions are not acceptable in Islam because this might make peace and tranquility
difficult to attain in a home in particular and in the society at large.