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Episode 2

  • | Tuesday, 7 May, 2019
Episode 2

In the second spisode of his Ramadan Program broadcast on Egyptian TV, the Grand Imam: Marriage is a firm covenant and divorce has specific cases in which life is impossible

     His Eminence the Grand Imam said that after the books of jurisprudence had discussed marriage, engagement and divorce in the sections devoted to the family, they examined the implications of the true marriage contract, and that the marriage contract in Islam is a legitimate contract, not a civil contract, although civil contracts can be legitimate, but the civil concept has become to be known as illegal marriage, which does not apply to the provisions of Islamic law, whether in marital relations or in the treatment of children, which is a concept that we do not want to invade our eastern and Islamic countries.

     He explained that marital rights are from the implications of the marriage contract and are divided into three sections: wife rights, husband rights and common rights between both of them. He pointed out that the jurists summarized the rights of the wife in two rights: her dowry and the husband's expenditure on her. The husband also has rights: obedience, and the right of guardianship which generates other rights, explaining that the verse “and stay in your houses” [33/33] is special for wives of the Prophet ((PBUH)).

     He added that the common rights between the spouses are two: the right of the lawfulness of marital relation, or what jurists call the lawfulness of enjoyment. It means that the right of the wife that her husband treats her well in her life, and the right of the husband that his wife responds to his good treatment by good treatment as well.

     The Grand Imam clarified that wrong customs and traditions have become limited to the right of the husband to enjoy whenever he wants, and deprive the wife of this right, but as the Shari`ah gave this right to the man and asked the woman to fulfill it, it also gave this right to the wife, and the husband has to fulfill it. That’s in the circle of human ability; this is the meaning of the verse, “They are a garment (i.e. mutual protection) for you and you are a garment for them”.

     He pointed out that the second spousal common right is mentioned in the verse “and live with them in kindness. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good”. Islamic Shari`ah is unique in its call for the husband who experiences hatred towards his wife to overcome this hatred, and to look at the good side in his wife. The Messenger of Allah (PBUH) said: “Let a believing man (husband) not hate a believing woman (wife). If he dislikes something in her character, he should be pleased with another”. The message in the Hadith is not addressed to the woman (wife, but rather to the husband). Thabit ibn Qais’ wife went to the Prophet ((PBUH)) and said to him: “I don’t blame him (her husband) for his conduct or faith, but I hate to lapse into disbelief after having embraced the faith”, meaning that she disliked her husband and was afraid that she may not observe divine commands regarding treating him. The Messenger of Allah said to her: "Will you give him his garden back?" She said: “Yes”. The Messenger of Allah said to him: "Take the garden back and divorce her once (uttering one divorce pronouncement)."

     The Grand Imam explained that the wife should think of her husband's numerous burdens, and that he has the right to see her in her best shape, taking good care of herself, her children and her house, knowing that this is also a heavy burden on the wife.

     The Imam added that marriage is a firm covenant, not a triviality; which persistence depends on our liking or disliking. For, the family involves a responsibility that has a deep legal dimension. It is the means towards fulfilling the divine will, as it is the only (legal) way through which man's viceregency on earth goes on, while divorce is not unconditionally acceptable. Rather, it becomes justifiable only under specific conditions that turn marital life impossible; as in the case of total recalcitrance on part of the wife. Here, the wife doesn’t have the right to demolish the family just because she’s angry. The Messenger of Allah (PBUH): “Any woman who asks her husband to divorce without a reasonable cause would never smell the fragrance of Paradise”.

     The Grand Imam concluded by saying that it is regrettable that, in the world, there are laws and cultures that permit homosexuality, and allow same-sex marriage, which threatens human life.

     The Grand Imam's program is broadcast at 6:15 pm daily throughout the Holy Month of Ramadan. The program discusses a number of Muslim family issues, the rights recognized by Islam for husband and wife, and how to preserve the family entity as a basis for building a sound human community.

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