The Fiqh Of Marriage In The Light of The Quran and Sunnah
THE FIQH OF MARRIAGE – Book Sample
What Requires the Giving of the Dower – THE FIQH OF MARRIAGE
The term sadaaq or mahr applies to everything that is required to be paid due to a [marriage] contract, sexual intercourse, or in the case of forced separation, such as due to having the same breastfeeding mother or the witnesses taking back their statements.
Technical Definition of Dower
As a technical, legal term, the dower is defined as, “something given in exchange for marriage or something similar, be it required by the judge or by agreement among the two parties.
The Wisdom behind Instituting the Dower
Islam has legislated the giving of the dower by the husband to the wife in order to make the woman’s heart pleased and to honor her. It is also meant to bring an end to what was done in the Days of Ignorance wherein she was wronged, exploited, despised and robbed of her wealth. The dower is a right exclusively for the wife. It is her possession and none of her guardians or relatives share any part of it.
No one has any power over her concerning how she wishes to dispose of it, as long as she does so in a legally acceptable manner. She may give it away as a gift, she may lend it to others or she may give it in charity or do any other permissible acts she wishes with it.
The dower was instituted because the goal of marriage is not the actual act [ of the marriage contract in] itself. In fact, the actual purpose of marriage cannot be achieved unless the spouses stay in a state of obligation at the time of the marriage contract itself. In this case, when there come times that may lead the man to divorce his wife, such as estrangement or coarse behavior, the husband would not be willing to divorce his wife due to just the slightest act of rudeness that occurs. If it were not for the dower that was required due to the contract itself, it would be very easy for him to leave her.
Requirement for Honor in marriage – THE FIQH OF MARRIAGE
Therefore, the goals of marriage would not be met as the goals and benefits of marriage are only met when the two are in accord and agreement with one another but that accord will not come about unless the women is something honored and special to the husband. But such honor will not come about unless he had to give up something important to him.
This is because what is most difficult to achieve is most special to the person while what is easy to achieve becomes something insignificant to the person. Therefore, if the wife is not something special in the eyes of the husband, then he will dispose of her at the first sign of unhappiness, the accord will not occur and the purposes of marriage will not be achieved.
What we see happening in some European countries- in fact, in some Muslim countries– is very strange indeed. This is where the woman is required to furnish a dowry or provide the furniture for their future house. This is definitely turning the natural order of things upside down and goes against the nature of mankind. It leads to a great deal of social ills and behavioral harm.
It is a means by which the woman is despised and belittled. Indeed, she is ruined because of it. If the woman is not able to gather enough wealth together for marriage, she will not be able to get married and, instead, will have boyfriends and affairs and other evil results.
Such a practice contains a great deal of evil
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