AL-MUSTAPHA INSTITUTE OF BRISBANE

Compiled by Br. Abdul-Halm Khall (14-04-14)

Bismillahir-Rahmanir-Rahm

The Beauty of the Marital Union

Devotions garment clothing our hearts, A gift of tranquillity, from Al-Muizz to humanity
Through the apparatus of the Common Law namely, the specialist field of Family Law one may attain an understanding of the theoretical components that (often operating interdependently) constitute the complex framework of marriage law. Indeed, how a legitimate marriage is first considered, validly formed, legally impaired, and ultimately extinguished are all scrupulously illuminated throughout relevant sources of legislation and judicial interpretation in particular, the Commonwealth Family Law Act 1975 (Cth). However, such laws (generally) prescribe that: 1. Marriage concerns the union of a man and a woman to the exclusion of all others, voluntarily entered into for life,1 and 2. Marriage shall be invalid in the presence of bigamy,2 duress or fraud,3 incest,4 etc., and 3. Marriage may be terminated (or, in some circumstances annulled ab initio [viz., from the beginning]), provided the onerous divorce requirements are complied with.5

Thus, to what legal instrument, or to whom (as a reliable contemporary role model), are we to refer, so that we may cultivate a truly beautiful union, through which the fruits of love are sewn and harvested, throughout continuity? Stated otherwise, as the Family Law primarily offers a framework for retrospectively addressing problems (with, all-too-often, excruciating technicality), how can one honestly hope to clothe their marriage in the heart-warming

1
2

Marriage Act 1961 (Cth), s 5. Marriage Act 1961 (Cth), ss 23(1)(a) (cf. the Family Law Act 1975 (Cth), s 51, concerning Nullity of Marriage). 3 Marriage Act 1961 (Cth), s 23(1)(d)(i). 4 Marriage Act 1961 (Cth), ss 23(1)(b) and 23(2). 5 I suggest that such legal avenues for seeking the termination of a marriage are onerous, as effecting the end of any legal marriage (given its predisposition to be so intricately interwoven with emotional adversity, when divorce approaches) shall often involve complex Children matters (to which a large proportion of the Family Law Act 1975 (Cth), Part VII, is dedicated), Property, and Spousal Maintenance, issues (under the Family Law Act 1975 (Cth), Part VIII), Child Support matters (under the treacherous Child Support (Assessment) Act 1989 (Cth) ), etc. (not to mention the many difficulties associated with the contemporary legal institution of No Fault Divorce, in Australia [not to completely discount some of its gender-based, vulnerable party merits, however]).

garment of devotion, when the facets of human relationships (indeed, love) are not so explicitly codified (as is the law), but are often comprised of a myriad of sensitive subtleties? Need we seek any example beyond that of our Esteemed Habib ( )? Nay, I say!

Indeed, it is reported on the authority of Aaishah

, who said: )

During menstruation, I used to bite off meat from the bone; the Blessed Prophet (

would take the bone from me and place his mouth at the same spot to eat from it where I had been biting; when I drank water, he ( lips at the same spot where I had put mine.6 Furthermore upon the matter of Destiny and Tranquility Allh, As-Salam, Al-Muizz (The Source of Peace, The Bestower of Honours) has Ordained, and eased, between our hearts Aaishah narrated: ) told me that I was shown to him in dreams by an angel for ) to him ( ) ) ) would take the vessel from me and place his

The Beautiful Prophet (

three nights consecutively. Each time, the angel brought me (Aaishah

wrapped up in a silk cloth and said, this is your wife. The Noble Prophet ( it was bound to happen.7

removed the cloth from my face and confirmed that it was I. He said that if it was from Allh,

Therefore, from our most affable, clement, and loving Prophet (Sall Allhu 'Alayhi wa Alihi wa Suhbihi wa sallam) we may ever derive the best of examples for he was, and is, the best of all creation.

O my Lord! Send Thy Blessings and Peace upon your Beloved the best of all creation 8

6 7

Reported in the text of Sunan Ibn-e-Majah (Vol. 1) 202-203. Reported in the text of Mishkat-ul-Masabeeh (Vol. 3) 265. 8 Imam Al-Br, Qadat al-Burda (The Poem of the Cloak).

Indeed, upon this most noble subject matter (the sunnah of the Beautiful Prophet [ concerning the cultivation, and maintenance, of meritorious marital affection),9 Allh, Al-

],

Quddus, As-Salm, Al-Mmin, Reveals, through the Glorious Qurn (in Surat Ar-Rm [The Chapter of the Byzantines (viz., the Romans)]):

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And from His Signs is this: He Created for you mates, from amongst yourselves, that you may dwell in tranquillity with them, and He has placed love and mercy between your (hearts). Verily! In that are Signs for those who reflect.10 i

Wamin ytihi an khalaqa lakum min anfusikum azwjan litaskun ilayh wajaala baynakum mawaddatan waramatan inna f dhlika laytin liqawmin yatafakkarna

For example, the Blessed Prophet ( ) would affectionately kiss his wives, during the times when he was fasting (refer to the text of Sahh Muslim, Book 6, Hadth Number 2,438). 10 Refer to the Glorious Quran, Surat Ar-Rm (30:21).

Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments, and ye are their garments. Allh knoweth what ye used to do secretly among yourselves; but He turned to you and Forgave you; so now associate with them, and seek what Allh hath Ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast until the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are limits (set by) Allh: approach not nigh thereto. Thus doth Allh make clear His Signs to men: that they may learn self-restraint. (Refer to the Glorious Quran, Surat Al-Baqarah (2:187), with deference to words eight (8) to thirteen (13): hunna libsun lakum wa-antum libsun lahunna (They are your garments, and you are their garments). Meaning, according to Dr. Mohammad Muhsin Khan (Islmic University, Al-Madna AlMunawwara), They [i.e. your spouses] are Libas [i.e. body cover, or screen, or Sakan, (i.e. you enjoy the pleasure of living with [your spouse] as in Verse 7:189) Tafsir At-Tabari], for you and you are the same for them. NOTE: this transliteration of the Glorious Quran (Surah Al-'Azb) ascribes the learned words of Dr. Muhsin Khan, Yusuf Ali, Muhammad Marmaduke Pickthall, and Sahh International.)