Islam and Human Rights

by Sir Muhammad Zafrulla Khan

Page 145 of 232

Islam and Human Rights — Page 145

Article 16 145 Knowing, All-Aware” (4:36). To enable the husband to meet his financial obligations in connection with and resulting from the marriage-e. g. a settlement on the wife is obligatory in every case (4:5) and the provision for the maintenance of the family-the share of a male in inheritance is double that of a female in the same degree of relationship to the propositus, except in the case of a father and mother, who in most cases have an equal share (4:12). A part of the protection extended to a woman is that in addition to her own consent to marriage the consent of her guardian is also requisite. This is designed to safeguard her against the hazards attendant upon an unwise choice due to ignorance or lack of, adequate knowledge of the character, habits, disposition, family or other circumstances of the prospective bridegroom. If she feels that her guard ian is withholding his consent unreasonably or capriciously, she can apply to the Qazi ( Judge) who, if satisfied, can overrule the guardian. Islam prescribes prohibited degrees within which marriage is not lawful (4:23-25). Above everything else, however, Islam is a religion, and is concerned not only with man’s physical welfare in this life but also with his moral and spiritual welfare both here and Hereafter. It therefore adds certain