Chapter 4

FAMILY
INSTITUTION
 SIGNIFICANCE OF FAMILY INSTITUTION.
To ensure preservation of the human lineage – as a
continuation of the human race.
Marriage is a religious requirement.
Marriage has also been commended as the way of the
prophets.
To provide spiritual and legal foundation of the family -
the conjugal relationship between a man and a woman
becomes lawful.
To make intimate activities lawful - the channelling of
sexual desires is controlled and save oneself from
destruction.
To strengthen ties (sillaturrahim) among Muslims.
 BETROTHAL
¬ Meaning - to express one’s interest or intention to get married with someone else
whether to be a husband or wife

¬ Methods - direct - by expressing the interest directly to the person or his/her

family
- indirect - by interpreting something else which can be understood as
an expression of interest to get married with the intended
person (the interpretation could be either directly to the
person or not)

Regulations - They are still ‘ajnabi’

- There is no responsibilities have to be performed neither rights can be
claimed.
- both parties are allowed to see their ‘partner’ (to avoid any regretful
after they get married)
- it is advised to shorten the period of the engagement
- it is forbidden to the third party to ask or to ‘approach’ the betrothed
woman
 AL - NIKAH

‘ Derived from Arabic word (na ka ha)

` Literally - to unite or to gather.
` Technically - a legal contract
(aqad) which legitimizes
sexual intercourse between a
man and a woman through
specific utterance like nikah
and tazwij.
 RESPONSIBILITIES OF HUSBAND.

Husband is compulsory to give a gift or present mahar to

his wife (money, material etc.)
To maintain & sustain his wife (nafqah – good care).
Including food, drink, clothing, and other basic needs. It’s
based on customary practices of society.
Husband is responsible to guide & teach good norms &
values to his wife and children (responsible to mould
them)
Husband must preserve of her dignity & pride.
Do not burden his wife with a lot of work.
One should be fair if he has more than one wife
(polygamy)
 RESPONSIBILITIES OF WIFE.

Loyal & never disobey husband (ultimate priority in

her life)
Preserve husband’s dignity & property in the absence
of him.
Entertain husband’s need & give birth to pious
children.
Wife is responsible in managing family needs.
Always encourage her husband for doing good deeds &
abstaining from sins.
 SHARED RESPONSIBILITIES.

To educate & tarbiyyah their children.

Not to spread each others secrets.
To tolerate & accept differences.
Preserve relationship between in-laws.
Socialize with other society members – to
tighten brotherhood.
 TALAQ
$ Literally - to set free, to untie or to untangle
$ Technically - a legal process in terminating a legal marriage contract between a
husband and his wife

$ Methods - direct - the husband uses a specific utterance which can be understood
as divorce such as talaq.
- indirect - the husband uses certain words but still can be interpreted in
several meanings (‘intention’ of the husband is needed)

CATEGORIES OF TALAQ

1) Talaq Sunni - the divorcement which is according to the methods permitted by

Islam
- the wife is in the purity after menstruation and not having sexual
intercourse during that period.
2) Talaq Bidi’e - the divorcement which is not according to the methods permitted by
Islam
- during pregnancy or menstruation 8
 REASONS LEAD TO DIVORCE
Lack of taqwa
Lack of equality
Lack of preparation
Abuse
Marrying too young
Too much arguing
Infidelity
Unrealistic expectations
 RIGHTS OF WIFE (after divorce)

Nafqah ‘Iddah
Muta’ah
Hadanah
Emolument for taking care of their
children
Jointly acquired property
 FASAKH

$ Meaning - a legal abrogation of marriage contract through

the power of court (Qadhi @ Hakim)

$ Method - the wife reports to Islamic Syariah Court and

claim for divorce from her husband

$ Statute - mut’ah will not be given to the wife

11
 Reasons for Fasakh…
 a) The husband is impotent, and remains so within a year after the complaint.
 b) That the husband is insane or is suffering from leprosy or is suffering from
a venereal disease which can be transmitted
 c) That the husband has neglected or failed to provide nafkah for a period of
three years
 d) That the husband is sentenced to prison for three years or more
 e) That the husband abuses his wife, (physically, emotionally & spiritually)
 f) Eliminates the wife's properties or prohibits the wife from using her
 lawful rights towards her properties,
 g) Prevents the wife from carrying out her duties or religious practices,
 h) If the husband has more than one wife, he does not treat the wife equally in
accordance with the requirements of Islamic Law.
 i) That despite four months of marriage, the couple has not had sexual
intercourse because the husband refuses to copulate with his wife
 KHULUQ

£ Meaning - an agreement between husband

and his wife to abrogate their

marriage through a payment from
the wife where the amount is
agreed by both parties.
£ Statute - mut’ah will not be given to the wife