The Life & Character of the Seal of Prophets (sa) - Volume II — Page 514
Seal of the Prophets - Volume II 514 another person. 1 In short, there was no law of marriage or divorce among the Arabs and everything was left at the mercy of a man’s will. Men generally treated their wives in a very cruel manner and there was no place from where a woman could seek justice. When Islām emerged, it created a whole new world and except for a difference in administrative roles, which is only natural, in principle, women and men were given equal rights. 2 Furthermore, the protection and supervision of these rights was not left upon men, rather, it was placed in the hands of government. The government was entrusted with the obligation to prevent both husband and wife from infringing upon the rights of one another, and to protect the women especially, who are generally oppressed. On the other hand, by its spiritual and moral influence, Islām strongly urged men not only to treat their wives with justice and equity, but with compassion and kindness as well. In this respect, Islām lay such emphatic stress that certain companions began to feel as if Islām had given women a free hand in all respects. 3 The fundamental principle in Islām with regards to marriage and divorce is that the matrimony of man and wife possesses the nature of a civil agreement. 4 Although this agreement possesses far greater love, loyalty and sanctity than ordinary agreements 5 but in extreme circumstances, it can be dissolved as well. 6 It is this very dissolution, which is known as Ṭalāq , Khula‘ or Fasakh-e-Nikāḥ. An outline of the Islāmic law detailing the manner in which this civil agreement may be established and dissolved shall be presented below. Firstly, we take up the law of marriage: 1. In Islām, marriage is compulsory upon every Muslim who is able to 1 Al-Muwaṭṭā, By Imām Mālik bin Anas, Kitābun-Nikāḥ, Bābu Jāmi‘i Mā Lā Yajūzu Minan-Nikāḥ, Ḥadīth No. 1137 2 Al-Baqarah (2:229) 3 * Ṣaḥīḥu Muslim, Kitābuṭ-Ṭalāq, Bābu Fil-Īlā’i Wa I‘itizālin-Nisā’i Wa Takhyīrihinna. . . . . , Ḥadīth No. 3691 * Sunanu Abī Dāwūd, Kitābun-Nikāḥ, Bābu Fī Ḍarbin-Nisā’i, Ḥadīth No. 2145 4 * Al-Baqarah (2:233/238) * An-Nisā’ (4:21/22) * Ṣaḥīḥul-Bukhārī, Kitābun-Nikāḥ, Bābush-Shurūṭi Fin-Nikāḥ, Ḥadīth No. 5151 5 Ṣaḥīḥul-Bukhārī, Kitābun-Nikāḥ, Bābush-Shurūṭi Fin-Nikāḥ, Ḥadīth No. 5151 6 * Aṭ-Ṭalāq (65:1-8) * Sunanu Abī Dāwūd, Kitābuṭ-Ṭalāq, Bābu Fī Ṭalāqis-Sunnah, Ḥadīth No. 2179