Isl6m relates profoturdly to the monotheistic mission of Prophet
Ibrdheem (Abraham). Ifs fifttr pillar (hajrt is a formal
coilrmemoration of the Prophet lbrdheem's obedience to AIHh.
Ibrdheem was ordained by Allah to build the Ka'bah (the first
house on earth for the worship of Allah) with the assistance of
his first son, Prophet Ism6'eel (Ishmael), at the sits of Makkatl
Muhammad. r,r'ho is the moder example of Muslims- never hit
any of his wives and he said: "Iftey
are not the best of
.vou
who
hit their u,iyss".(Narrated
b1, Abu-Dauud) ln the event that
disputes cannot be resolved equitably between husband and
wife, the
Qur'En
prescribes
mediation between the parties
thry]sh family intervention
on behalf of both spouses
1'see e
4:35). In that way, the
Qur'an outlines an enlightened approach
for the husband and wife to resolve persisteni conllict in their
marital life.
Divorce is a last resort. permissible
but not encouraged.
yet
the
Qur'an
gives preference to the prerervation
of faith and the
male and female indir'idual's right to felicity. Forms of
marriage dissolution include; (a) an enactment based upon
mutual agreement, (b) the husband's initiative, (c) the w#e's
initiative (if included in her rnarital contract). (o) ttre courl's
decision on a wife's initiative for a legitimate reason (e.g. the
husband's failure to support his wife, impotence or abusel and
(e) the wife's initiative (khur', or divestiture) in cases in which
there is "no fault" on the part of the husband but she distikes
him. This requires that she returns her marriage gift ora similar
compensation. when the continuation of the marriage
relationship is impossible for any reason, men are srill taughtlo
seek a gracious end to it. The
eur'En states:
,,And
*hei you
divorce women and the.v hwe
fneartyJ fuffilled
their term
[i.e.,
waiting periodJ, either retain them according to acceptabre
terms or release them according to acceptable terms, and do
not keep them, intending harm, to transgre.r's
fagainst
themJ.,,
(Q 2:231, see also 2:ZZ9 and 33:.lgi
Priority for the custody of younj chitdren (up to the age of
about seven) is gi'en to the mother. A judge
iuLt muy extend
the mother's custodl'or give the child the choice to choose the
rnother or father as his or her custodian. Custody questions are
to be settled in a manner that balances the interests of both
parents and the well-being of children.
Associating polygvny rvith Islf,m (as if it was introduced by it
or is the nonn according to its teachings) is one of the most
persistent nqths perpetuated in Westem literature and media.
Polygy*ny has existed in almost all nations and was even
sanctioned by Judaism and Christianitl-until recent cerrturies.I
Islfrnr did not outlarv poly'glny, rather. it regulated and
restricted it. It is neither required nor encouraged" but simply
pennitted rvith conditions. The
Qur'fln is the onl-v revealed
scripture that e.\plicitll' lirnited polyryny and discouraged its
practice by irnposing stringent conditions. One reason for not
categoric'all-v forbidding polygyny is that in ditferenr places ar
different times. there may exist individual or social exigencies
which make pol,vryny a better option than either divorce or a
Itlpocritical rnonoganrv while indulging in illicit relations. The
spirit of Isl5mic s;hari'sh alrn includes dealing with individual
and collectil'e contingencies that rnay' arise from time to time
(e.9.. irnbalances betr,r'een the number of males and females
crcated by rvars). This providcs a rnoral. practical and humane
solution to the problerns of rvidou,s and orphans. rvho rvould
othcnvisc bc lulncrablc in thc abscncc of a husband and fathcr
frgure. In terms of economics.
companionship. proper child
rearing and other needs, poll,gpny provides
a solution.
II.is criticallJ'irnportant
to poini that all parties involved have
options. Men may choose to remain monogamous. A
considered second wife rnav reject the marriag* priporal if she
does not *'ish to.
^be
parn' 1o a porl:grnous
marriage. A
prospective
first wife may include in hJ; rnarital contract a
condition that her husband shall practice monogamy. If this
condition is accepted. it becomes bindirrg on It * husband.
should he later violate this condition. his first rvife u,iil be
entitled to seek divorce witlr all the financial rights connected
with it. If such a condition *'as not included ln the marital
contracl. and the husband marries a second u,ife. the first rvife
may still seek khul, (direstiture).
Ibrdheem (Abraham). Ifs fifttr pillar (hajrt is a formal
coilrmemoration of the Prophet lbrdheem's obedience to AIHh.
Ibrdheem was ordained by Allah to build the Ka'bah (the first
house on earth for the worship of Allah) with the assistance of
his first son, Prophet Ism6'eel (Ishmael), at the sits of Makkatl
Muhammad. r,r'ho is the moder example of Muslims- never hit
any of his wives and he said: "Iftey
are not the best of
.vou
who
hit their u,iyss".(Narrated
b1, Abu-Dauud) ln the event that
disputes cannot be resolved equitably between husband and
wife, the
Qur'En
prescribes
mediation between the parties
thry]sh family intervention
on behalf of both spouses
1'see e
4:35). In that way, the
Qur'an outlines an enlightened approach
for the husband and wife to resolve persisteni conllict in their
marital life.
Divorce is a last resort. permissible
but not encouraged.
yet
the
Qur'an
gives preference to the prerervation
of faith and the
male and female indir'idual's right to felicity. Forms of
marriage dissolution include; (a) an enactment based upon
mutual agreement, (b) the husband's initiative, (c) the w#e's
initiative (if included in her rnarital contract). (o) ttre courl's
decision on a wife's initiative for a legitimate reason (e.g. the
husband's failure to support his wife, impotence or abusel and
(e) the wife's initiative (khur', or divestiture) in cases in which
there is "no fault" on the part of the husband but she distikes
him. This requires that she returns her marriage gift ora similar
compensation. when the continuation of the marriage
relationship is impossible for any reason, men are srill taughtlo
seek a gracious end to it. The
eur'En states:
,,And
*hei you
divorce women and the.v hwe
fneartyJ fuffilled
their term
[i.e.,
waiting periodJ, either retain them according to acceptabre
terms or release them according to acceptable terms, and do
not keep them, intending harm, to transgre.r's
fagainst
themJ.,,
(Q 2:231, see also 2:ZZ9 and 33:.lgi
Priority for the custody of younj chitdren (up to the age of
about seven) is gi'en to the mother. A judge
iuLt muy extend
the mother's custodl'or give the child the choice to choose the
rnother or father as his or her custodian. Custody questions are
to be settled in a manner that balances the interests of both
parents and the well-being of children.
Associating polygvny rvith Islf,m (as if it was introduced by it
or is the nonn according to its teachings) is one of the most
persistent nqths perpetuated in Westem literature and media.
Polygy*ny has existed in almost all nations and was even
sanctioned by Judaism and Christianitl-until recent cerrturies.I
Islfrnr did not outlarv poly'glny, rather. it regulated and
restricted it. It is neither required nor encouraged" but simply
pennitted rvith conditions. The
Qur'fln is the onl-v revealed
scripture that e.\plicitll' lirnited polyryny and discouraged its
practice by irnposing stringent conditions. One reason for not
categoric'all-v forbidding polygyny is that in ditferenr places ar
different times. there may exist individual or social exigencies
which make pol,vryny a better option than either divorce or a
Itlpocritical rnonoganrv while indulging in illicit relations. The
spirit of Isl5mic s;hari'sh alrn includes dealing with individual
and collectil'e contingencies that rnay' arise from time to time
(e.9.. irnbalances betr,r'een the number of males and females
crcated by rvars). This providcs a rnoral. practical and humane
solution to the problerns of rvidou,s and orphans. rvho rvould
othcnvisc bc lulncrablc in thc abscncc of a husband and fathcr
frgure. In terms of economics.
companionship. proper child
rearing and other needs, poll,gpny provides
a solution.
II.is criticallJ'irnportant
to poini that all parties involved have
options. Men may choose to remain monogamous. A
considered second wife rnav reject the marriag* priporal if she
does not *'ish to.
^be
parn' 1o a porl:grnous
marriage. A
prospective
first wife may include in hJ; rnarital contract a
condition that her husband shall practice monogamy. If this
condition is accepted. it becomes bindirrg on It * husband.
should he later violate this condition. his first rvife u,iil be
entitled to seek divorce witlr all the financial rights connected
with it. If such a condition *'as not included ln the marital
contracl. and the husband marries a second u,ife. the first rvife
may still seek khul, (direstiture).
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