ميثاق الأسرة في الإسلام باللغة الإنجليزية

2 The Islamic Charter on Family
International Islamic Committee

For Women & Child (IICWC)
Translated by:
Heather Shaw
All Rights Reserved
First Edition
2007 C.E. – 1428 A.H.

2007/17781
Deposit Number: 17781/2006
ISBN: 977.6137.18.5
International Islamic Committee for Women &

Child (IICWC)
PO Box: 684, Orman 12612, Giza, Egypt
Tel/Fax: (+202) 37616260
E-mail: [email protected]
www.iicwc.org
A Word of
Thanks and Appreciation
T he International Islamic Committee
for Women & Child would like to express
its appreciation for all those who
participated in the drafting of this Charter,
particularly those who volunteered their
time and effort for the sake of Allah, and
the Islamic Development Bank, which
provided financial support for printing the
book, introducing it, and providing
training. Likewise, we would like to
thank the Al-Shareyah Organization for
providing financial support for printing
the Charter, the Malaysian Development
Organization for providing the financial
support necessary to complete the Charter,
and the Islamic International Charitable
Organization for financing the celebration
for the completion of the Charter, in
addition to all those pious people behind
the scenes, who contributed their efforts
and support, seeking the pleasure of Allah
and His reward.
The Islamic Charter on Family
5
The Drafting Committee
Dr. Fathi Lashin
Dr. Jamal Al-Deen Atiyyah
Dr. Abd El-Lateef Aamir
Translated by:
Heather L. Shaw
Board of Contributors 
Dr. Abd El-Lateef Professor of Shari‟ah, Faculty of Law,
Aamir University of Zaqaziq; Arab Republic of
Egypt.
Dr. Abdurrahman Professor of Educational Principles,
El-Naqeeb University of Mansurah; Arab Republic
of Egypt.
Dr. Ahmad Assal Vice President of the International Islamic
University; Islamabad, Pakistan.
Dr. Ahmad Part-time Professor, Faculty of Education
El-Mahdi at Al-Azhar and Helwan Universities;
Abd El-Haleem Arab Republic of Egypt.
Dr. Ali Gomaa Mufti of Egypt; Arab Republic of Egypt.
Dr. Fathi Lashin Consultant for the Ministry of Justice;
Arab Republic of Egypt.
Dr. Jamal Al-Din Consultant for the Islamic Fiqh Academy,
Atiyyah Director of the Teaching Fiqh Principles
Project; Jeddah, Kingdom of Saudi
Arabia.
Dr. Makarim Assistant Professor of Literature and
El-Deeri Criticism, Al-Azhar University, Arab
Republic of Egypt.
Dr. Mohammed Islamic thinker and member of the
Emarah Council of Islamic Studies; Al-Azhar
University; Arab Republic of Egypt.
Dr. Muhammad Professor of Comparative Law, Faculty of
Kamal El-Deen Law, University of Alexandria; Arab
Imam Republic of Egypt.

Names have been listed alphabetically.
7
Dr. Salah Professor of Sociology and Consultant for
Abd El-Mutaal Social and Criminal Research; Arab
Republic of Egypt.
Dr. Yusuf President of the International Association
Al-Qardawi of Muslim Scholars; Head of the
European Council for Fatwa and
Research, Dublin, Ireland; and Director of
the Seerah and Sunnah Center, University
of Qatar.
Also, we would like to express our thanks to Professor Burayda

Wayraj Samadi for his contribution and efforts in the preparation of
the explanatory notes.
Scholars Who Contributed Comments

and Corrections to the Text
Dr. Abdul-Majid bin Founder and President of Eman

Aziz Al-Zindani University, and expert on issues related to
scientific miracles; Sanaa, Yemen.
Dr. Abdul-Rahman Part time consultant for the Ministry of

bin Mualaa Islamic Affairs, Endowments, Dawa and
Al-Luwaihiq Guidance; Riyadh, Kingdom of Saudi
Arabia.
Dr. Ahmed Professor in the Department of Islamic

El-Raissouni Studies, Faculty of Arts and Humanities
at the University of Muhammad IV;
Rabat, Kingdom of Morocco; currently he
is a senior expert for the Islamic Fiqh
Academy in Jeddah, Kingdom of Saudi
Arabia, and the Vice President of the
International Islamic University in
Islamabad, Pakistan.
Dr. Ali Ahmad Former Head of Shari‟ah Consultants for

An-Nadawi the Rajhi Corporation; currently, he is a
senior expert for the Islamic Fiqh
Academy; Jeddah, Saudi Arabia.
Dr. Essam Former Minister of Sudanese

Al-Basheer Endowments; Khartoum, Sudan;
currently, he is the President of the
Wasatiyyah Institute under the direction
of the Kuwaiti Ministry of Endowments.

Names are listed in alphabetical order.
9
Dr. Fatimah Naseef Retired Associate Professor in the Islamic
Studies department of King Abd Al-
Azeez University in Jeddah, and
President of the Women‟s Committee on
Scientific Miracles; Jeddah, Kingdom of
Saudi Arabia.
Consulting Sheikh Former Consultant to the Courts,
Faisal Mawlawi Lebanon and Vice President of the
European Council for Fatwa and
Research; Dublin, Ireland.
Dr. Ghalib Former Minister of Endowments and
Abd Al-Kafi current member of the Yemeni Council of
Al-Qurashi Representatives.
Dr. Khalifa Babiker Former Dean of the Faculty of Islamic
Al-Hassan and Arabic Studies in Dubai, United Arab
Emirates; currently he is a senior expert
for the Islamic Fiqh Academy in Jeddah,
Kingdom of Saudi Arabia.
Dr. Mohammad President of the Board of Scholars,
El-Mukhtar General President of the Shari‟ah
Mohammed Organizations in Egypt, and professor at
El-Mahdi Al-Azhar University; Arab Republic of
Egypt.
Dr. Muhammad Abd Dean of the Faculty of Shari‟ah and
Al-Razzaq Al-Saeed Islamic Studies, Kuwait University;
Ibrahim Al-Tantawi Kuwait.
Dr. Mohammed Professor in the Department of Islamic
Ar-Roki studies in the Faculty of Arts and
Humanities at Mohammed V University
in Rabat, and currently a senior expert at
the Islamic Fiqh Academy in Jeddah.
Dr. Noura Khaalid Associate Professor of Sociology, King
Al-Sa‟d Abd Al-Azeez University; Jeddah,
Kingdom of Saudi Arabia.
Dr. Sabri Assistant Professor of Comparative Fiqh,

Abd El-Raouf Faculty of Arabic and Islamic Studies for
Mohammed Girls, Al-Azhar University; Arab
Republic of Egypt.
Dr. Saeed Ismael Ali Professor of Fundamentals of Education
at Ayn Shams University; Cairo, Arab
Republic of Egypt.
Dr. Salmaan bin General Director of the Islam Today
Fahd Al-Awdah website and Secretary General of the
Nusra Organization; Riyadh, Kingdom of
Saudi Arabia.
Dr. Shadiyah Kaki Assistant Professor of Comparative Fiqh,
Division of Islamic Studies, King Abdul
Azeez University; Jeddah, Kingdom of
Saudi Arabia.
Dr. Wafaa Ali Assistant Professor of Comparative Fiqh,
Al-Sulayman Girls Faculty of Education in Jeddah,
Al-Hamadan Faculties of Arts, Department of Islamic
Studies; Kingdom of Saudi Arabia.
Dr. Wahbah Professor in the Faculty of Shari‟ah,
Al-Zuhayli Damascus University, Syria; and
President of the Association of Syrian
Religious Scholars.
***
11
Introduction
In the Name of Allah the Most Merciful the Most Beneficent
Introduction
By Dr. Mohammed Emarah
Why This Charter?

All praise is due to Allah, the Lord of all creation, and may
prayers and peace be upon Muhammad, his family, his companions,
and all those who follow him on the path of righteousness until the
Day of Judgment.
Before the ideological invasions that were launched against
Islamic society when Bonaparte led the western attacks against
Egypt and the East, (1798 C.E. /1213 A.H.), there was no need for
charters or philosophies to outline codes of Muslim behavior in
life's various arenas; individually, within the family, socially and
politically. At that time, the only authoritative frame of reference in
Muslim lands was Islam, and thus, it was the Islamic frame of
reference that defined the concepts and philosophies related to
these arenas.
In fact, the only difficulties that confronted Islamic life at
that time were the implementation of Islam's unique concepts,
which even govern the differences in Islamic jurisprudence that
result from ijtihaad (personal juristic interpretation) within the
framework of this authority, its concepts, and its philosophies; and
the extent to which the actual reality and implementation meet
the Islamically defined ideal.
The western ideological invasion, however, brought about a
fundamental change. In the eastern, Islamic societies, the seeds of
another cultural frame of reference were being planted; one that
was man made, secular, and anti-religious. It became a fierce
competitor for the authority of Islam, and as a result, it became
necessary to distinguish Islamic concepts from those of its
manmade, secular, anti-religious opponent, as they relate to various
aspects of life.
 This was the beginning of the realization of the

necessity and importance of instituting Islamic fiqh as a
preferable alternative to manmade secular law.
 At the same time, the Islamic, faith-based view of creation
and life; the beginning of creation, its progress, its destiny,
and man‟s status with respect to the creation, began to
crystallize as preferable option to the secular, materialistic
view of creation and life.
 Likewise, the Islamic view of wealth, money, and social
justice began to crystallize, wherein the system of istikhlaaf1
offers an economic and societal alternative to both liberal
capitalism and all-encompassing communism.
Cloaked in deceit, this attack infiltrated the various spheres of
Islamic life gradually. They attempted to hide their true intentions
by twisting concepts and definitions, so as not to provoke Islamic
sentiments or alert the Muslims to their need to defend themselves.
As the planners of this attack understood status of the family within
the system of Islamic values, they were well aware that it is
considered a sacred and honored entity. Therefore, the attack on the
family was launched at a later stage, after all of the other facets of
life had already been affected by their assault, so that the Muslim
family would be left to stand alone, surrounded by this western
ideological assault from all directions and orientations!
During the last twenty years of the twentieth century, there has
been a rise in the waves of westernization, as is evident in the
west‟s dominance over international establishments, globalization‟s
annihilation of non-western cultures and values, and the western
attack on the sanctity of the Muslim family and its Islamic values.
As a result, it has become incumbent upon Islamic think-tanks and
organizations to provide an Islamic alternative in this field.
The role of the United Nations organizations in empowering the
western ideological invasion:
1
This refers to the concept of Allah having designated a Caliph (khalifa) on Earth to
look after and care for creation, using the available resources and wealth with wisdom
for the benefit of all, rather than exploiting them.
Introduction
Since the 1980‟s, this invasion has formed a value system

based on modernism and postmodernism that has been
incorporated within charters and agreements to spread
globalization. These chargers have been effected under the guise of
the United Nations and its affiliated organizations in an effort to
replace the Islamic value system with this new value system, which
clashes with all religious values, particularly in the realm of the
family.
Within the dominion of politics, the modern western
hegemonic power chants its slogan of “creative chaos”, which
seeks to dissolve Islamic societies and scatter the elements of its
unity; dividing it on the basis of racial, linguistic, religious, and
other sectarian standards. By doing so, it is able to continue
plundering the wealth of these communities; preventing them from
fighting to liberate their countries and wealth by breaking up their
cohesion, solidarity, and Islamic unity. Now, the western invasion
has finally reached the fortress of the Muslim family, in what can
be considered the deciding battle of this war. Its goal is to create
anarchy; to break up the family and destroy its defenses, thereby
demolishing the Muslim community that is made up of families.
If we take just one of the conventions that has been drafted
by the west, we will find that it is based on a modern and
postmodern value system that they have attempted to globalize and
impose on non-western civilizations, under the guise of the United
Nations and its banners… Between the lines, however, their
intention to destroy the values and morals of the Muslim family
system is evident. The Programme for Action Document that was
the result of the International Conference for Population and
Growth, which was held in Cairo, September 5-15, 1994, is one of
such conventions, which is in essence a declaration of war against
the family and its Islamically defined moral and value system.
Islam, being based on man‟s sound innate nature, has built a
family structure based on legitimate, legal relationships between
men and women. In this way, humanity's happiness is achieved
through the differentiation and integration of the two partners, and
through procreation, the continuity of the human race is assured.
Thus, the family is the essential building block in

establishing the structure of the Islamic community. The
Population Conference document, however, is a direct assault on
this humanitarian definition of the family. It calls for changing
family structures, and considers this a vital area of work for
governments, intergovernmental organizations, concerned
NGO‟s, funding agencies, and research organizations. Likewise,
all of these institutions are urged to give priority to research
related to changing the family structure.1 The motive behind
this is to prevent the definition of the family from being restricted
to being built on a legal relationship between a man and a
woman… Rather, as they would have it, "family" includes all forms
of relationships – including those between two men or two women.
Thus, all forms of deviant relationships, and those which are
rejected by Shari„ah and even by sound human disposition, would
be included under the legally acknowledged and protected meaning
of “family” that is the basis for the establishment and confirmation
of rights.
In Islam, sexual pleasure is restricted to that which is a
legitimate, Shari„ah ordained means of achieving chastity,
protection, and procreation. However, the Population Conference
document requires nothing more than the condition that sex be
protected i.e., that it doesn‟t lead to any diseases. By freeing it from
the regulations established by Shari‟ah, sex becomes like any other
bodily right, such as eating and drinking, permissible for all
individuals – as opposed to being limited to spouses, and allowed
for people of all ages, including teenagers!
“Reproductive health” and “sexual health” are the most
frequently used terms in this document, and they are defined as a
"complete state of physical , mental, and social well being, that
enables the individual (not just spouses) to enjoy a satisfying and
safe sexual life."2 According to this document,
1
Programme of Action of the International Conference on Population and Development;
Chapter 12, Paragraph 24.
2
Ibid. Chapter 7, Paragraph 2 states, “Reproductive health is a state of complete
physical, mental and social well-being and not merely the absence of disease or
Introduction
sexual pleasure and reproductive health are like nutritional needs,

in that they are rights of unmarried and teenage girls! 1
Islam, however, refers to the marriage contract upon which
the family is established, describing it as a “solemn contract” that
is based on the virtues of love, mercy, comfort, and tranquility, as is
said in the Qur‟an:
)12 :‫ ( النساء‬‫نكم ِّمي َثاق ًا َغمِيظ ًا‬
ُ ‫َخ ْذ َن ِم‬
َ ‫ض وأ‬
ٍ ‫ و َق ْد أَ ْف َض ى َب ْع ُضُك ْم إَل ى َب ْع‬...
…While you have gone in unto each other and they
have taken from you a solemn covenant? (4:21)
‫اجا ّلِ تَ ْسُكُنوا إَل ْي َها َو َج َع َل َب ْي َنُكم‬ ِ ِ ِِ ‫ َو ِم ْن‬

ً ‫َن َخَم َق َل ُكم ّم ْن أَن ُفسُك ْم أ َْز َو‬ْ ‫آياتو أ‬ َ
)12:‫ (الروم‬‫ات ّل َق ْو ٍم َي َت َفَّكُرو َن‬ ِ ٍ ‫آلي‬ ِ ِ ‫َّم َوَّد ًة‬
َ ‫إن في َذل َك‬ َّ ‫َََر ْح َم ًة‬
And of His signs is that He created for you from
yourselves mates that you may find tranquility in them;
and He placed between you affection and mercy.
Indeed in that are signs for a people who give
thought. (30:21)
On the other hand, the Population Conference document
defines the relationship of “a family” as being a meeting of free
will that is based on licentiousness and promiscuity. For this
infirmity, in all matters relating to the reproductive system and to its functions and
processes. Reproductive health therefore implies that people are able to have a
satisfying and safe sex life and that they have the capability to reproduce and the
freedom to decide if, when and how often to do so. Implicit in this last condition are the
rights of men and women to be informed and to have access to safe, effective,
affordable and acceptable methods of family planning of their choice, as well as other
methods of their choice for regulation of fertility which are not against the law, and the
right of access to appropriate health-care services that will enable women to go safely
through pregnancy and childbirth and provide couples with the best chance of having a
healthy infant. In line with the above definition of reproductive health, reproductive
health care is defined as the constellation of methods, techniques and services that
contribute to reproductive health and well-being by preventing and solving reproductive
health problems. It also includes sexual health, the purpose of which is the enhancement
of life and personal relations, and not merely counseling and care related to
reproduction and sexually transmitted diseases.”
1 Ibid. Chapter 4, Paragraph 20.
reason, it removes the stipulation of legitimacy from the

family, to the extent that there is no mention of the words “God” or
“religion” within the sections and articles of the document.
While Islam encourages early marriage to protect and
maintain the chastity of young men and women who have reached
maturity, the Population Conference document forbids early
marriage, considering it to be a crime. It seeks to replace marriage
with other alternatives including fornication! It calls upon
governments to raise the minimum age at marriage where
necessary” particularly by providing alternatives to early
marriage.1 In short, this document encourages restricting that
which is permissible and unrestricting that which is prohibited.
The document claims it to be a right of the body for sexually active
people of all ages, between all individuals, and in all forms of
relationships!
Islam bases the relationship between men and women on the
fundamentals of love, mercy, peacefulness and tranquility;
particularly within the family, and considers women to be “the
sisters of men” as was mentioned in the narration of the holy
Prophet. It also confers rights upon women similar to the
obligations that are due of them, on the basis of what is fair and
customary as is mentioned in the verses of the Holy Qur‟an:
ِ ‫وَله َّن ِمثْل اَل ِذي عَمي ِه َّن بِاْلمعر‬
)222:‫ (البقرة‬‫وف‬ ُْ َ َْ ُ ُ
And due to the wives is similar to what is expected of
them, according to what is reasonable (2: 228)
1 Programme of Action of the International Conference on Population and

Development, Chapter 4, Paragraph 21. The text of the document states, “Governments
should strictly enforce laws to ensure that marriage is entered into only with the free and
full consent of the intending spouses. In addition, Governments should strictly enforce
laws concerning the minimum legal age of consent and the minimum age at marriage
and should raise the minimum age at marriage where necessary. Governments and non-
governmental organizations should generate social support for the enforcement of laws
on the minimum legal age at marriage, in particular by providing educational and
employment opportunities.”
Introduction
‫وي ْن َه ْو َن‬ ِ ِ ِ ُ ‫ واْل ُم ْؤ ِمُنو َن واْل ُم ْؤ ِم َن‬

َ ‫ْمُرو َن باْل َم ْعُروف‬
ُ ‫ض َيأ‬ٍ ‫اء َب ْع‬
ُ ‫ات َب ْع ُض ُه ْم أ َْول َي‬
‫ُوَل ِئ َك‬
ْ ‫ورُسوَل ُو أ‬ َ َّ ‫يعو َن‬
َ ‫َّللا‬
ِ ‫الزكا َة‬
ُ ‫ويط‬ُ َ َّ ‫وي ْؤُتو َن‬ ُ ‫الصال َة‬ َّ ‫يمو َن‬ ُ ‫ويق‬
ِ ‫نك ِر‬
ُ َ ‫الم‬ ُ ‫َعن‬
ِ
ِ
)52:‫ (التوبة‬‫يم‬ ٌ ‫َّللا َع ِز ٌيز َحك‬
َ َّ ‫إن‬ َّ ‫َّللا‬
ُ َّ ‫َس َيْر َح ُم ُه ُم‬
The believing men and believing women are allies of
one another. They enjoin what is right and forbid what
is wrong and establish prayer and give zakaah and
obey Allah and His Messenger. Those Allah will have
mercy upon them. Indeed, Allah is Exalted in Might
and Wise. (9: 71)
Stemming from the materialistic nature of western society,
the Population Conference document aims to reduce these
relationships to mere material business relationships wherein
values, standards, and morals lose their human value. Thus, it
speaks of “empowering women” rather than “equity and equality
for women” with respect to men. Likewise, it calls for her total
integration in all socially defined aspects of life and her equal
participation with men in raising children and doing housework,1
which conflicts with the natural division of labor that has ruled
human life throughout history.
It is even stranger that the west, which boasts of its freedom,
liberalism, and human rights, denies other nations the right to
choose their own value systems! By way of threats and
enticements, it strives to impose its ideologies and philosophies
universally… to the extent that it even declares that the aid it offers
should be given on the basis of the extent go which the values and
philosophies that are included in this document are promoted.
Thus, we find the terms “commit” and “obligation” oft repeated
throughout the document:
Governments should commit themselves at the highest
political level to achieving the goals and objectives
1
Programme of Action of the International Conference on Population and
Development, Chapter 4, Paragraph 26.
contained in this Programme of Action1… In this

regard, international safeguards and mechanisms for
cooperation should be put in place to ensure that these
measures are implemented2 … The Assembly should
organize a regular review of the implementation of this
Programme of Action.3
While some nations stipulated that the text of the document
read: “The implementation of the recommendations contained
in the Programme of Action is the sovereign right of each
country, consistent with national laws”4 at the same time we see
that the document rejects this right by stating that the right shall be
within the framework of the standards of “conformity with
universally recognized international human rights”5 while in
fact, these are the same standards that were drafted by the west to
express its own philosophies in this arena!
As for the enticements and incentives offered by the west in
this document, they are "development" aid that encourages the
spread of this moral depravity. The document states “The
international community should also consider measures such as
transfers of technology to developing countries to enable them
to produce and distribute high-quality contraceptives and other
commodities, essential to reproductive health services that are
necessary to strengthen the self-reliance of those countries.”6
Yes! This is the field in which the west helps developing
nations to achieve self reliance… The field of producing and
distributing high-quality contraceptives and other commodities
that are essential to achieve safe sexual pl easure for individuals
of all ages!
1
Programme of Action for the International Conference on Population and
Development, Chapter 16, Paragraph 7.
2
Ibid. Chapter 4, Paragraph 9.
3
Ibid. Chapter 16, Paragraph 21.
4
Ibid. Chapter 2.
5
Programme of Action for the International Conference on Population and
Development, Chapter 2.
6
Ibid. Chapter Seven, Paragraph 25.
Introduction
The Mission of the Charter on Family

These few examples from the Population Conference
document expose the manner in which these new ideals are
imposed upon core Islamic values. This document is only one of
many such documents that is evidence of the attack that has been
launched against the Islamic family; the last fortress of the Islamic
community, and its ruling value system.
It is this issue has made the drafting of this Charter, the
Charter on Family in Islam, crucial; so that in conjunction with its
explanatory notes, it may be a guide to light the path for Muslim
men and women. It is also a reference for Islamic societies and
organizations, as well as for our national governments and regional
organizations. In essence, it is a response to the ideological war
that has infiltrated our societies, attempting to demolish the last
bastion of Islam and the Muslim community; the fortress of the
family in the world of Islam.
Islam and the west differ in their interpretations of freedom;
each deriving its view from its philosophical understanding of
man‟s position with respect to the creation, and man‟s relationship
with the Divine Being.
According to Islam, Allah appointed man to be His caliph on
Earth to carry out the mission that he promised to accomplish;
within the limits, and according to the rules set for him. Thus,
freedom in Islam is governed by the terms of this promise and vow
of istikhlaaf (vicegerency) that are represented within the divine
laws. However, according to the western secular view, man is the
master of creation and there is no authority over his mind except his
mind alone. Nothing limits his freedom except his personal will and
it is not regulated except by the laws that he sets for himself.
Since the beginning of the western ideological war against
the Islamic East, Islamic scholars have recognized this essential
difference in the concept of freedom. The great scholar and
freedom fighter Abdullah Al-Nadeem (1261-1313 A.H./ 1845-1896
C.E.) critiqued the western concept of freedom saying:
If it is said that freedom demands that no one interfere
with anyone else in his personal matters, we say: This

is a return to animalism and a departure from the bounds
of humanity… True freedom is an expression of being
required to carry out obligations and stop at limits.
Even if such is acceptable in Europe, each nation has its
own customs and religious or community ties, and this
licentiousness is not befitting of Muslims‟ morals, their
religious principles, or their customs…”1
We are the children of a religion that has granted religious
sacredness to a value system that governs the establishment of the
family by building it on a “solemn contract” that includes the
values of love, mercy, peacefulness and tranquility. This religion
also provides the solution to family problems such as evading,
rebellion, and conflict, as it clarifies that the ways and means to
solve such problems are found in “arbitration and consultation”.
We are also the children of the civilization that formed these
religious values, embodying them in practice and implementing
them throughout the long history of Islam. One such example is
the institution of endowments, which is the institution that gave
birth to the golden era of the Islamic civilization and was
responsible for its renewal. Large endowments were established
for the benefit of the institution of the family; to facilitate marriage
and solve marital problems by:
1- Facilitating marriage for men and women who are in
financial need.
2- Providing jewelry, makeup, and other necessities for the
wedding to brides who are in financial need.
3- Providing milk for nursing – sweetened with sugar – to help
breastfeeding mothers.
4- Establishing homes for women who have left their marital
homes because they are angry with their husbands for
women who have no family, or whose families live in
1
Abdullah Al-Nadeem, Al-Ustaadh Magazine, vol. 19, 8 Jamaadi ath-Thaaniyyah,
1310 AH/ 27 December, 1892, p. 439.
Introduction
remote areas. Such endowments established homes that were

looked after by trained women under the supervision of a
woman to keep the peace between these women who left
their marital homes.
5- Endowments established to look after orphans and
foundlings.
Islam formed a charter of values and morals for the family which
has been put into practice by the Islamic civilization to the greatest
extent possible. There exists some degree of variation in this
implementation wherein throughout the history of Islam, “reality”
has continued to be close to the “ideal standard”.
The importance of this Charter, the Islamic Charter on
Family, becomes evident in light of the aforementioned points and
in the face of the attack of the west on the family. Its significance
is not limited to its role in protecting the family in Muslim
communities; rather, it is a far reaching universal Islamic
declaration. It is the universality of Islam that is the true source of
guidance for the entire world, to be a lifeline for the family – for all
families in all continents and civilizations - when people of wisdom
and sound disposition from all religions, are called in the name of
Islam, to that which is equitable and common to all.
This Charter is an Islamic alternative to those family issues
that are rejected by Islam. By way of its loyal, religious women‟s
organizations, the Muslim family offers this Charter to the
international conferences as an international Islamic declaration to
rescue the family from the depravation that is being forced upon it
by western globalization.
This is the message of this Charter, its position, and its aim. We
ask Allah the Exalted to grant it success in achieving its aims and
accomplishing its purpose; for He is the Best Who is Asked and the
Most Generous Answerer.

In the Name of Allah, the Most Beneficent, the most Merciful
Standing Before the Charter

The Sources, the Viewpoints, and the Choices
All praise be to Allah, the Lord of all creation, and may
blessings and peace be upon the most noble of prophets,
Muhammad, and upon all of his family and companions.
This Charter is the product of the concerted, collective
efforts of a group of scholars who were invited by the International
Committee for Woman and Child under the auspices of the Al-
Azhar International Committee for Dawa‟ and Relief. After it was
compiled, more than twenty Muslim scholars, from various
countries and places, set about to verify and scrutinize the work.
Throughout this work, they all exemplified the Words of Allah the
Exalted:
‫ين َي ْس َت ْنبِطُوَن ُو‬ ِ ِ ِ
َ ‫ول َواَِل ى أُولِي األ َْم ِر م ْن ُه ْم َل َعم َم ُو َّالذ‬ ِ ‫الرس‬ ِ ُ ‫ َوَل ْو َرُّد‬...
ُ َّ ‫وه إَل ى‬
:‫ (النساء‬‫ال‬ ً ‫ان إِال قَمِي‬ َ‫ط‬ َّ ‫َّللاِ َعَم ْيُكم َوَر ْحم ُت ُو التَّ َب ْع ُتم‬
َ ‫الش ْي‬ َّ ‫ِم ْن ُه ْم َوَل ْوال َف ْض ُل‬
ُ َ ْ
)38
…But if they had referred it back to the Messenger or

to those of authority among them, then the ones who
[can] draw correct conclusions from it would have
known about it. And if not for the favor of Allah upon
you and His mercy, you would have followed Satan,
except for a few. (4: 83)
Thus this Charter was a collective Islamic effort, the value of
which will be recorded by history, God willing.
The Islamic Charter on Family meets the needs of one of
the most important elements of the Muslim society; the family. In
doing so, it reveals the justice, mercy, ease, tolerance, balance, and
moderation of Islam in all of its affairs, including the various
systems of this worldly life, of which, the family is the most
important; for it is like a beating heart with respect the other
systems of the body. The family is the nucleus of society. It is the
Introduction
seed of society, the basic unit of its being, and a model of it in

miniature.
The scholars responsible for this Charter took the material
for all of its chapters and articles from our firmly established,
untainted Shari‟ah, as well as from the clear verses of the Qur‟an
and the authentic Sunnah. They also drew upon our vast heritage of
fiqh that was taken from the Companions of the Prophet (may
blessings and peace be upon him) and those to whom they passed
their knowledge, as well as the four main schools of jurisprudence,
and other schools as well. They were careful to only adopt the most
preponderant opinions and statements, and avoid those which are
unusual, particularly in cases where they are not based on strong
evidence or are not generally accepted. Likewise, they avoided
those opinions that are based on the customs of a certain time
which have since changed and for which there is no clear ruling.
In selecting and recording the material for this Charter,
scholars made sure that the views were supported by evidence from
the Qur‟an, the Sunnah, consensus, and legal analogy. They also
took into consideration the circumstances and situations that exist
in societies today, the advantages and disadvantages that affect
these societies, and the consequences of these advantages and
disadvantages. Thus, they merged Shari‟ah with reason, narration
and logic, with extreme care given to choosing the easiest, and the
most just and balanced views; those that, in their opinion, are best
suited to meet the needs of the modern age, while at the same time,
avoiding areas of disagreement as much as possible.
Also, in the phrasing and wording of the Charter, the
scholars balanced between that which is undisputable and that
which is subject to doubt, that which is agreed upon and that which
is not, and between that which is firmly established and that which
is subject to change. In each of these cases, the first is referred to in
absolute terms, whereas the second is expressed with wording that
indicates a probable meaning. The arrangement of the articles and
the research methodology is comprehensive and combines the best
of the old and the new. It is connected to our heritage and the pure
origins of our fiqh in the manner by which the principles and
rulings were derived, and even in its terminology, which

has been embellished with a modern, legal style. Likewise, it fuses
the beliefs, rulings and manners in a complete manner such that one
cannot be separated from the other. The behavior of the individual
and the group must be regulated by the knot that fastens Imaan
(faith), Islam (submission), and Ihsaan (beneficence) together. The
phrasing of this Charter also balances between the role of man as an
individual, the family as a building block, and the society and the
government as a moral entity in its moderateness, justice,
preservation of rights, and clarification of obligations. Thus it
neither neglects the role of the individual and his obligations
towards society, nor does it disregard the role of the society, its
rights, and its obligations towards the individual. For this reason,
the content of the articles and paragraphs of this Charter is lofty, its
style is clear, and its methodology is sound. Family matters,
affairs, and needs are harmonized within the articles of the Charter
in a manner that is filtered by the purity of their sources, the
firmness of their roots, the depth of their principles, and the
loftiness of their goals. From the articles spring forth just rulings
and noble recommendations that aim to protect the family and the
society, strengthening their structure and protecting them from the
storms of life. These rulings and recommendations give the articles
of this Charter their noble and virtuous form, equipping them to be
a source of guidance, to achieve their purpose, and to reach
elevated heights.
Behind the precise words of these 164 articles, we find a
vision that is comprehensive and based on the purposes and
intentions of Shari‟ah and fiqh; in the authentic origins that they
stem from and the issues that branch out from them, in the logical
reasoning behind them, and in the textual narrations, in their
citation of examples and evidence, and in their present state and
resulting consequences. This Charter reveals precise knowledge
and deep understanding of the situational reality as well as
understanding of the law. At the same time, it completes the
mechanisms of ijtihaad, thus completing the system of ijtihaad,
Introduction
which includes the mujtahid 1, the issue to which the ijtihad was
applied, and the tools of ijtihaad.
As for the Explanatory Notes, they were composed to
explain and clarify the enormous academic work that is represented
by this Charter, lifting the veil to uncover what is inside, and
uncovering the hidden methodological background in the precise
phrasing of the articles of the Charter.
We ask Allah to use this Charter to bring all goodness to the
Islamic community and to enable it to be implemented according to
its social and familial reality. May He allow it to take its due place
in its pedagogical, legal, and cultural fields, and may it be an active
step towards achieving unity in that which is written about family
affairs in the Islamic world …
And our final supplication is “All praise is due to Allah, the
Lord of all creation.”

1
Mujtahid: A jurist who forms independent decisions in legal or theological matters,
based on the interpretation and application of the main principles of derivation of
Islamic law.
The Text of the
Articles of
The Islamic
Charter on
Family
In the name of Allah the Most
Merciful, the Most Beneficent
Principles, Values and

Chapter I General Concepts
Section One
The Divine Mission of Man
Article (1)
Worshipping Allah and Spreading Civilization on Earth
Allah honored man and distinguished him above many of
His other creations. He chose man to be His caliph on Earth, to
spread civilization therein by working to provide for his physical
and spiritual needs; building a human society governed by the ideal
values of truth, beneficence, and justice; and achieving the
significance of worshipping Allah and having faith in Him Alone,
and setting Him apart from His creation to be obeyed and
worshipped according to the manner of His prophets and
messengers.
Article (2)
Providing Man With the Necessary Qualities to Undertake This
Mission
In order to accomplish his mission on Earth, Allah granted
man the necessary intellectual, psychological, and physical abilities
to make him qualified to fulfill this mission. Likewise, He sent
messengers to lead man to the straightest path of guidance and
success, in this life and in the Hereafter.

The Text of the Articles
Section Two
Man‟s Divinely Inspired Nature and the Universal
Norms
Article (3)
Possession of Mental Faculties and the Will to Change
Allah created man with the innate tendency to believe in
Him. At the same time, He granted man the intellect and will that
allow him to stray from his fitrah (divinely inspired nature), or to
develop his abilities according to his knowledge, spiritual gifts, and
social conditions. It is the existence of this intellect and this will
that is the precondition for the reward or punishment that man will
be dealt in the Hereafter.
Article (4)
The Equality in the Origin of Creation and the Variation in
Distinguishing Characteristics
Allah created all of mankind equal in the origin of their
creation from one soul. Thus it follows, that they are equal in their
general characteristics. Despite this, Allah‟s wisdom dictated that
they should differ in some of their individual characteristics such as
strength and weakness, talents, and psychological, mental, and
physical abilities.
This human variation in some special characteristics is the
foundation of life, as it causes individuals and societies to get to
know, cooperate, and complete each other; as opposed to being an
invitation to animosity and hatred.
Article (5)
Integration of the Spouses; The Male and the Female
Despite the common origin of humanity's creation from one
soul, Allah, with His Infinite Ability, created a pair from this soul;
male and female. Only through contact, cooperation, and

completing each other, can life continue, the civilization be spread,
and the human race proliferate; this is the way that Allah has
decreed for all of creation and things in this life.
It is only by way of the connection between man and woman
that the family is formed, and the family is the first nucleus of
human society.

Section Three
The Singular Directive of Shari‟ah for Both Men and
Women, and the Differentiation in Their Roles
Article (6)
The Singularity of the Directive of Obligation and the Equality in
General Rights and Obligations
Equality between men and women in the origin of their
creation necessitates two points:
The first point is that there is complete equality between
men and women in most of life's general issues and each person is
considered a completion of the other‟s person and mission, and a
partner to him in marital and societal life. However, there are some
specific characteristics that set each of them apart in their physical
and psychological makeup such that each is distinguished by that
which is specific to him.
The second point is that in accordance with this origin, the
Shari‟ah directive was issued to both men and women in a single,
unified form with regard to all of the other affairs in which they are
equal; such as the obligation that they have been charged with to
carry out Allah‟s orders and prohibitions, the rulings regarding the
permissible and prohibited, the principles of reward and
punishment, general human rights and obligations, and human
honor. Conversely, the directive was addressed to each of them
individually regarding the affairs that are specific to each party.
Article (7)
The Differentiation in Special Responsibilities
The distinguishing differences between men and women in
their characteristics, talents, and specific physical and
psychological abilities do not grant one of them a higher status than
the other. Rather, this differentiation is based upon each person‟s
ability to perform specific, vital, life duties that the other

cannot perform, and it is the natural law that Allah has instilled in
mankind, even between men alone and women alone.
Women, with their emotion, softness, and femininity, are the
source of stability and psychological and social tranquility for men
and for the family. With her natural instinct and unlimited patience
in bearing the hardships of pregnancy, labor, and motherhood, she
looks after their children and cares for them by nursing them,
raising them, and attending to all of their other affairs. On the other
hand, men with their strength, continuous endurance and ability to
perform hard work, are responsible for making a living, providing
for the needs of the family, and looking after and protecting them.
Article (8)
Distribution of Responsibilities and Differentiation in Legal
Status
In order to establish justice and achieve the common
interest, the natural innate characteristics of men and women must
be taken into consideration in the distribution of the responsibilities
and duties that each of them performs in the situations wherein they
are required. This necessarily leads to differentiation in the legal
status of each sex, however, this differentiation is limited to the
scope of said situations.
The family is one of the most important arenas in which the
differences, talents, and physical and psychological constitutions of
each sex stand out.
Article (9)
Societal Welfare Is Achieved by Affirmation of the Innate
Neither logic, nature, nor Shari‟ah permit these differences
and special characteristics to be ignored; to do so would be to
demean the innate nature and deny the natural phenomena that are
physically manifested in reality and in practice, and which are
known to all with certainty and empirical assurance.
At the same time, Shari‟ah does not allow these

distinguishing factors to be applied outside the scope of the cases
wherein they are required by Shari‟ah or testified to by innate
nature. Doing so is a form of oppression against women and an
infringement upon the Shari‟ah rulings, both of which result in
great corruption and lead to a breakdown of society and values,
threatening to destroy the society over the long run.
In the Noble Qur‟an no social system has been mentioned
with the same level of care and detail that has been given to the
family in all of its affairs, as is found in detail in the Shari‟ah
rulings.

Section 4
Marriage and the Family System
Article (10)
Definition
In Islam, “marriage” is defined as a strong Shari‟ah bond
between a man and a woman that is lasting and continuous, and is
contracted with each party‟s full consent and acceptance according
to the detailed Shari‟ah rulings.
Article (11)
The Prohibition of Unions that Are not Sanctioned by Shari‟ah
“Shari‟ah sanctioned marriage” is the only means by which
it is permissible for a man to be united with a woman, and it is the
only basis for forming a family.
Islam has forbidden all other unions between men and
women, even if they are falsely called marriage, and it has also
forbidden all things that lead to such relationships.
Article (12)
The Development of the Manifestations of Marriage According to
the Elevation of Man
Man‟s creation from a male and a female reveals the Divine
Will in making marriage a human instinct, a social necessity and an
essential system to form families and social bonds between
families.
The manifestations and means of marriage developed
according to the extent of man‟s elevation over the rest of the
creation; becoming a means of purifying man‟s sexual, behavioral,
and social attributes.
Article (13)
The Scope of the Family
In Islam, the family is not limited to the two spouses and
their children. Instead, it extends to the wide network of relatives,
which includes grandparents, siblings, aunts and uncles, and others
who are connected by ties of consanguinity, affinity, or nursing,
regardless of where they are. These ties extend to the extent that
they include the entire society.
Article (14)
The Importance of the Family and the Imperativeness of Having
a Family Leader
The family, as a human group consisting of a male and a
female, is the cornerstone and the primary social unit of society and
within it, the pillars of society and its structural components are
represented. No matter how few or how great the number of its
members, they are all connected by emotional, social, and financial
relationships, and all family members are regulated by a system of
rights and obligations. For this reason, leadership is essential to the
smooth running of family affairs, and this leadership is the
qiwaamah that has been entrusted to men. It is a position of
administration that is subject to the rules and laws of Shari‟ah in the
Book of Allah [the Qur‟an] and the Sunnah of His Messenger (may
blessings and peace be upon him).
Article (15)
The Wisdom Behind the Prohibition of Marriage Between Family
Members
Islam forbids men from marrying their female mahrams 1 due
to the high position that these family ties occupy and due to Islam‟s
great concern for protecting ties of kinship from being severed, and
1
Mahram: One‟s relatives to whom marriage is forbidden due to the proximity of ties
of consanguinity, affinity, or nursing.
from anything that might cause conflict or hatred.
Section Five
The Objectives of the Family
Article (16)
Preservation of Progeny (The Human Race)
According to Islamic Shari‟ah, the primary objective of the
family is preservation of progeny or the human race, to spread
civilization on Earth, and to continue the succession of generations.
Allah instilled sexual desire within the body as it is the natural
means of Shari‟ah legislated procreation, not that it is an aim in and
of itself.
To achieve this purpose, Islam restricted Shari‟ah sanctioned
marriage to that which is between a male and a female, and it
forbade all other forms of unions outside of Shari‟ah sanctioned
marriage. Likewise, homosexual relationships that do not lead to
procreation are also prohibited and birth control is not allowed
without the consent of both spouses.
Article (17)
Achieving Tranquility, Love, and Mercy
In order that the relationship between the spouses does not
become limited to a purely sexual form, Shari‟ah has indicated that
the goals of this relationship include each spouse finding tranquility
with the other, and achieving love and mercy between them.
For this reason Shari‟ah guarantees each family member a
satisfying and happy social life based on affection, love, mercy, and
cooperation, throughout the good times as well as the bad; a life
that achieves stability, psychological tranquility, and mutual trust.
In order to achieve this goal, rulings, and manners were

ordained to enable the spouses to live together on equitable terms,
and to provide a family environment full of warmth, compassion,
and exalted sentiments.
Article (18)
Protecting Lineage
Attributing each person to his Shari‟ah recognized roots,
maintaining the purity of his lineage, and protecting it from
becoming confused is a goal of Shari‟ah that is independent from
that of preservation of progeny.
In order to achieve this, Islam forbids sexual relations
outside of marriage and prohibits adoption1. Likewise it has
ordained specific rulings, enforcing a waiting period for women
after divorce or being widowed, prohibiting women from
concealing what is in the womb, and defining the procedures for
attributing lineage or refuting it, etc.
Article (19)
The Safeguard of Marriage
Shari‟ah sanctioned marriage protects one‟s chastity2, is a
safeguard, protects one‟s honor, and closes the doors that lead to
sexual corruption by eradicating the anarchy of promiscuity and
immorality.
Article (20)
Protecting Religious Adherence in the Family
The family is the nest for its members, not only by looking
after them physically, but more importantly, by instilling religious
and moral values within them. The family‟s responsibility for this
begins even before the formation of the embryo, with the selection
1
[TN: Adoption in this context refers to the practice of attributing the adopted child to
his adoptive parents as if they were his own biological parents.]
2
[TN: Chastity in this context refers to abstention from illicit sexual activity.]
that each spouse makes in choosing his partner, the priority

in this choice being given to the standard of religion and morals.
This responsibility continues and includes teaching family
members faith, worship, and morals, and training them to practice
them. These issues should be monitored until the child reaches the
age of guidance and independence in their religious and legal
responsibility for their actions.
The Muslim Community’s

Chapter Responsibility for the Formation
and Protection of the Family
II General Concepts
Section One
The Muslim Community‟s Responsibility to
Encourage Marriage
Article (21)
The Basis for This Responsibility
The responsibility of the Muslim community for its
members is based on the principle of the relationship between a
whole and its parts, or an entity and its members. Thus, the Muslim
community is made up of families that are connected and cohesive,
like a single body, rather than detached individuals; and this cannot
take place except through marriage.
The Muslim community that adheres to the path of guidance
concerns itself with establishing righteous plans and programs to
encourage marriage - and to encourage it early on, out of concern
for the community's development and strength, and to prevent
immorality.
Article (22)
Facilitating Shari‟ah Ordained Marriage
Islamic Shari‟ah has made it incumbent upon the Muslim
community to facilitate the means of Shari‟ah sanctioned

marriage and to remove any obstacles and difficulties that deter
people from it. These include:
1. Solving material problems, particularly the problems of
unemployment and housing, and offering material assistance
to those desiring marriage.
2. Raising the Muslim community‟s awareness of the
importance of marriage in Islam and the individual‟s right to
get married.
3. Inviting and emphasizing Islamic behavior that is balanced
by the Shari‟ah regulations regarding the type of interaction
between men and women and which is permitted by
Shari‟ah. Such interaction should maintain a middle path,
avoiding the extremes of extravagance and negligence, or
those of overly strict limitations and wanton liberty.
4. Discouraging expensive dowries and wastefulness in
marriage parties, and opposing evil social customs related to
marriage; all effective measures should be taken to put a
stop to these trends.
Article (23)
Encouraging the Youth to Marry
Islamic Shari‟ah encourages youth to get married early to
prevent moral and sexual deviance.

Section Two
The Muslim Community‟s Responsibility to Protect
and Care for the Family
Article (24)
The Basis for this Responsibility
This responsibility is based on two pillars:
1. It achieves one of the aims of Shari‟ah; Islam has ruled that
the basic rule for marriage is continuity and permanence of
the family and this is the aspect that completes the obligation
to encourage marriage, for marriage cannot meet the aims of
Shari‟ah unless it continues and is protected and cared for.
2. The Muslim community, when it protects the family from
the forces of collapse and deterioration, is at the same time
protecting itself and its social and moral values.
Article (25)
The Balance Between Rights and Responsibilities
It is allowed to clearly and precisely define the stipulations
of each spouse when filling out the marriage contract, taking care to
maintain justice and balance between the rights and obligations of
each party, according to the fundamentals and rulings of Shari‟ah
and in order to protect the family life and its continuity.
Article (26)
Documenting the Marriage Contract
Officially documenting the marriage contract achieves
interests that are affirmed by Shari‟ah and which benefit the society
as it prevents either spouse from denying the marital relationship
and protects the rights of the wife and children.
Article (27)
Witnessing and Announcing the Marriage Contract
Shari‟ah stipulates that the marriage contract must be
witnessed as a means of including the Muslim community in the
building of the family, and to serve as a sign that differentiates
between those relationships between men and women that are
permissible, and those that are impermissible. Also, the
recommendation that the marriage be announced is a way of
making the contract known and it is a social declaration that a new
family has been formed.
Article (28)
Registering Newborns
Registering newborns with the responsible agency allows
each child to be attributed to his Shari‟ah recognized parents and
guarantees the formation of a valid family with established
affiliations of kinship. Registering newborns also affirms that the
individual belongs to his society and country, while at the same
time achieving societal and governmental respect for his rights.
Article (29)
Combating Relationships That Are not Sanctioned by Shari‟ah
By protecting noble moral and social values and combating
sexual relationships and unsanctioned so-called forms of marriage,
the Muslim community protects the family from breakdown, and
achieves its happiness and stability so that it becomes a nest that is
well suited for the new generation, in addition to being a source of
encouragement for people to seek Shari‟ah sanctioned marriage.
Article (30)
Confronting Deviant Ideas
The Muslim community must confront deviant ideas that
debase the relationship between the man and the woman, lowering
it to one of conflict and competition such that it is merely a material
partnership wherein each partner‟s gains are at the other‟s expense.

Likewise, the Muslim community should spread awareness that the
relationship between men and women is one of cooperation and
mutual fulfillment.
Article (31)
Spreading Awareness of the Value of the Marriage Relationship
and its Etiquettes
Spreading awareness of the value of the marital relationship
in Islam and the fact that it is based on love, mercy, psychological
security, and bearing life's burdens together, and that it requires
mutual consultation in those affairs that concern marital life,
protects the family from the causes of disagreement and division.

Section Three
The Means of Protecting the Family
Part I: The Religious Deterrent

Article (32)
Building the Family on Religious Principles
Building the family structure on the principles and
fundamentals of religion by making adherence to them the basis for
spousal selection establishes a firm foundation for the structure and
continuity of the family.
Article (33)
Shari‟ah‟s Attention to the Marriage Contract
Due to the importance of the family in the building the
society, Shari‟ah places special importance on marriage,
enveloping it in detailed regulations and conditions that are stricter
and greater in number than those of any other contracts.
Article (34)
Abhorrence of Divorce and Limiting the Causes of Dissolution of

Marriage
Shari‟ah strives to curb the factors that lead to dissolution of
marriage and it encourages people to hate divorce so that they are
repelled by it. It also encourages each of the spouses to jealously
guard the family structure with the greatest possible degree of
patience and forbearance.
Also, in order to solve conflict between the spouses,
Shari‟ah has imposed numerous mechanisms to prevent haste in
separation.
Article (35)
The Importance of Offspring to the Stability of the Marriage
Islamic Shari‟ah considers offspring to be one of the most
important aims of marriage and the existence of offspring is an
incentive for the spouses to avoid seeking dissolution of the marital
bond.
Article (36)
Listening to One‟s Conscience and Being Aware That Allah is
Watching
Unlike the social and governmental deterrents, the religious
deterrent has a great effect on the human conscience. The man's
awareness that Allah is constantly watching him and that reward
and punishment await him in the Hereafter prevent him from
severing the ties of marriage or oppressing women. This is
something that cannot be accomplished by practical measures or in
situations to which others are not privy.

Part II: The Social Deterrent

Article (37)
Society‟s Effect on the Family
The family is a part of society, and inevitably it is affected
by the regulations and moral values that are prevalent in that
society.
Article (38)
The Effect of Habits and Customs on Marriage Procedures
The family relationships that precede and give birth to
marriage, the preludes to marriage, the standards of compatibility
between the spouses, and the means of successful marital life are
affected by the prevalent customs and culture of the society. Thus,
they must be formed according to Islamic social regulations and
values.
Article (39)
In-Laws‟ Involvement in the Marriage
The in-laws should be involved in the marriage to the extent
that is required by the customs of the social setting. This
involvement should be limited as much as possible, according to
the Shari‟ah regulations, while at the same time spreading
adherence to Islamic values and morals to promote the relationship
between each of the spouses and the other spouse‟s family.
Article (40)
Neighbors and the Extent of Their Effect
The social relationships between neighboring families are
governed by prevalent social principles, and neighbors play an
active role in creating family problems as well as in solving them.
Thus, building relationship with neighbors based on Islamic
principles and values helps to protect the family and hold it
together.
Article (41)
Social Takaaful (Solidarity) in the Family
Social takaaful between family members plays an integral
role in its cohesion and continuity.
Article (42)
The Importance of Local Institutions
Local institutions play an active role in family affairs, and
this role extends to include institutions that:
1. Encourage and facilitate marriage.
2. Make people aware of the Shari‟ah rulings that pertain to the
family and the social and psychological studies related to it.
3. Provide care for mothers, children, the elderly, wives
involved in marital conflicts, and youth who have problems
with their parents that cannot be solved within the family.
4. Hold meetings for reconciliation between family members.
5. The role of nurseries, schools, the media, and mosques
represents the external training that shapes family members
from within. Thus, they should be given special attention
and enabled to carry out their correct pedagogical roles that
are in accordance with the principles of Islam.

Part III: The Governmental Deterrent
Article (43)
The Standard of Success for Legal Legislation
The standard of success of the legal legislation that regulates
marital relationships is judged by its success in solving marital
problems and its ability to establish justice and maintain balance
between the rights and responsibilities of each spouse within the
framework of the Islamic Shari‟ah rulings.
Article (44)
Facilitating Arbitration and Resolving Disagreements
It is the government‟s duty to facilitate the means of
litigation and issuance of quick verdicts in marital conflicts.
Execution of the verdicts in an appropriate and dignified manner as
soon as they are issued should be guaranteed. Also, care should be
taken to maintain good relationships between the families involved
and to prevent any harm to the children.
Article (45)
The Government‟s Responsibility for Successful Family Cohesion
The Government‟s responsibilities include:
1. Establishing various types of social insurance systems.
2. Conducting careful monitoring of the media and prohibiting
the media from presenting bad examples that discourage
youth from thinking about marriage, and encourage
corruption and immorality, which ultimately lead to the
dissolution of the family and its collapse.
3. To see that the educational curriculum that is taught at
different levels includes the level-appropriate scientific
information that is necessary to prepare each student to form
a successful family according to Shari‟ah regulations.

Chapter Between the Husband

III and Wife
Section One
Preludes to Marriage
Article (46)
The Definition of "Engagement"
“Engagement” is when a man expresses his desire to marry
a woman and it is accepted by the woman and her guardian, with a
mutual promise to finalize the marriage contract in the future.
Article (47)
The Ramifications of Engagement
Engagement is neither marriage nor is it a quasi-marriage. It
is nothing more than a mutual promise of marriage between a man
and a woman that does not establish any rights or make any
prohibited actions permissible. The only thing that is permitted
between the two people is to look at each other at the time of the
proposal so that they may make sure that they are content with the
other person; during the engagement, however, the woman remains
completely unrelated to the man in all aspects until the marriage
contract is executed.
Article (48)
The Impermissibility of Proposing to a Woman Who is Already
Engaged
According to Shari‟ah it is not permissible for a man

to propose to a woman who is engaged to someone else, and it is
not permissible for him to try to convince her or her family to break
the engagement so that he can propose to her himself.
Article (49)
It is Forbidden to Propose to Women Who Are Mahrams 1
It is not permissible for a man to propose to a woman to
whom marriage is permanently prohibited due the proximity of
their relationship by consanguinity, affinity, or nursing. Likewise, it
is not permissible for him to propose to a woman with whom
marriage is temporarily prohibited until the cause of the prohibition
no longer exists. It is also forbidden for him to propose, whether
directly or indirectly, to a woman who is in her waiting period due
to a revocable divorce until after her waiting period is over. As for
a woman who is in the waiting period of a final divorce or the
waiting period after her husband‟s death, it is only permissible to
propose to her in an indirect manner, as opposed to a direct manner.
Also, is not permissible to propose to a woman who is a polytheist
until she becomes Muslim.
Article (50)
Breaking the Engagement and its Ramifications
According to Shari‟ah it is abhorred for either the fiancé or the
fiancée to break the engagement unless it is broken for a Shari‟ah
recognized interest, such as upon discovering a deficiency in the
religious practice or the manners of the other person such as
deviant behavior or a psychological issue that is difficult to bear.
In the case that either party breaks the engagement, the Shari‟ah
rulings should be referred to in order to determine each party‟s
rights and obligations.

1
Mahram: A person‟s relative of the opposite sex to whom he is related by a certain
degree of proximity of consanguinity, affinity, or nursing .
Section Two
The Marriage Contract
Article (51)
Essential Factors for the Success of the Family
Islamic Shari‟ah has determined the criteria for a successful
marriage. Both spouses should make their choice based them as
doing so achieves the interest of the Muslim community and the
family in general, and the children in specific.
The criteria include: Correctly following the religion and
having noble manners and a good upbringing, as well as other
characteristics that may also be sought.
The essential factors for a successful marriage include:
Taking compatibility in age, culture, and social environment into
consideration, and making sure that both spouses are free of any
serious repugnant, contagious, or hereditary diseases.
Article (52)
When Marriage is Considered Obligatory
Based on the circumstances, marriage in Islam may be
subject to any of the five Shari‟ah rulings; obligation,
recommendation, permission, abhorrence, and prohibition. Islamic
Shari‟ah considers marriage to be obligatory in the case of anyone
who fears that he may fall victim to temptation, and who is at the
same time capable of handling the material burdens of marriage.
Article (53)
Conditions for the Validity of the Marriage
The marriage contract must be executed in the presence of
two witnesses and the wife‟s guardian should execute the contract;
however, it is permissible for any woman who has been previously
married to execute the contract by herself if it is proven that her
guardian is preventing her from getting married, or if she

has no guardian. It is recommended that the marriage be
announced by holding a banquet in celebration of the marriage and
to express happiness and joy.
Article (54)
The Right to Stipulate Conditions in the Marriage Contract
During the execution of the marriage contract, the wife may
stipulate any conditions on her husband that she feels will assure
her comfort or meet her needs, so long as the conditions are
permissible and do not contradict the essence of the marriage
contract. For example, she may stipulate the right to divorce
herself without negating the man‟s right to divorce, or she may
stipulate that he cannot force her to leave the country or take
another wife. Likewise, she may stipulate the right to work outside
of the house, and it is up to her to decide the consequence for any
violation of the conditions she stipulates. The man also has the
same right to add conditions; such as stipulating that she will live
with him in his family‟s home, or that she will travel with him to
wherever he works.
Article (55)
Easing the Costs of Marriage
Islamic Shari‟ah forbids making the dowry excessively
expensive or making material issues extremely difficult, to the
extent that the marriage becomes a bartering transaction for
material things as doing so lowers the woman‟s distinguished
position and the value of the marital relationship, which is a non-
material bond built on tranquility, love, and mercy.

Section Three
Regulations for the Relationship
Between the Spouses
Article (56)
General Equality Between the Spouses Except in Specific Matters
The general principle in Islam is total equality between men
and women, and it is stipulated by Shari‟ah in most of life‟s affairs.
The exception to this principle is that each of them are responsible
for some duties that the other cannot perform due to the nature of
their physical or psychological constitution, or their personal
characteristics.
There is nothing in Shari‟ah that prohibits dividing the social
burdens between the man and the woman in a manner that achieves
the interest of the family and the society.
Article (57)
Moral Values and Manners
On the basis of this general principle that has been mentioned in
Article (56), the marital relationship is built on a number of moral
values, manners, and Shari‟ah regulations:
1. Mutual love, mercy, trust, and cooperation in times of
difficulty, as well as times of ease.
2. Living together with equity, kind treatment, and respect for
human dignity
3. Full partnership in the affairs of marital life that are built on
mutual consent, mutual consultation and the concept that
each spouse is considered a part of the other; a completion of
the other person and the other person‟s mission in marital
and social life.
Article (58)
Women‟s Competence and Independence of Person
According to Islamic Shari‟ah, women enjoy total religious
and legal competence; her will is to be respected, she is
independent in her financial liability, and she maintains her own
family name.
Article (59)
The Man‟s Responsibility for the Family
The man has been given the responsibility of qiwaamah over
the family. Being that the family is a social unit comprised of
several members, there must necessarily be a leader, otherwise the
family will suffer deterioration in its affairs and its constitution. By
virtue of their innate nature and physical and psychological
constitution, men are qualified to bear the requirements and
difficulties of this responsibility. This qiwaamah is not oppression
or supremacy; rather it is a responsibility, obligation and charge to
care for the family, protect it, look after it, and provide for and
guarantee its material interests by working, earning, and making
money.
Article (60)
The Woman‟s Responsibility for Her Home
Islam has assigned a type of responsibility to women that
suits her nature and her physical and psychological constitution. It
considers her to be a guardian and thus, along with her husband,
she is responsible for the affairs of the home and the children that
she looks after. This responsibility is important to both the family
as well as the entire society, and it is no less important than the
man‟s responsibility. In fact, the woman‟s responsibility has an
even greater effect on the morale and morality of the family than
the man‟s.

Section Four
Mutual Marital Rights and Responsibilities
Article (61)
Teaching Youth the Islamic Principles Related to Marriage
It is imperative to teach young men and women the
principles of Islam and its values, manners, and foundations that
pertain to marriage, the affairs related to the interaction between the
spouses, and the means of creating a righteous and successful
marital and family life.
Part I: The Mutual Rights and Responsibilities

Article (62)
Cooperation in Marital Responsibilities
Each spouse shall be sincere to and trusting of the other
spouse. In all conditions and under all circumstances, they should
advise each other and cooperate to fulfill the responsibilities of
marital life and caring for and raising the children.
Article (63)
Striving for Understanding and Avoiding Conflict
Islamic Shari‟ah encourages each spouse to understand the
nature of the other party and to be aware of the innate physical, and
psychological differences between them. Likewise, they should
also recognize the common traits that they share. In order to
achieve a successful marital life, Shari‟ah encourages the spouses
to emphasize the areas of agreement and the positive aspects in the
other party, while limiting the causes of disagreement, searching
for middle solutions that both parties can agree to, and avoiding
stubborn conflicts, provocation, being over-jealous, and trying to
defeat the other party.
Article (64)
Mutual Respect
Each of the spouses shall:
1. Respect the other party, appreciating the daily efforts that he
undertakes and his position in the family, aiding him with
his burdens and other affairs, and respecting his relatives
and giving them the same consideration that he would give
to his own blood relatives.
2. Take the other party‟s feelings into consideration and avoid
anything that might injure the dignity of the other party or
that person‟s family, whether in secret or in public, and
particularly in front of someone from his or her family.
Article (65)
Rules for Handling Disagreement Between the Spouses
1. It is not permissible for the spouses to curse or insult each
other or to say things that the other party hates to hear.
2. In cases of disagreement between the spouses, it is not
permissible for either spouse to stop speaking to the other
for more than three days, and the better of them is he who
starts talking to the other first by saying “salaam alaykum”
(peace be upon you). Also, it is not permissible for either of
them to desert the other in bed unless there is a Shari‟ah
sanctioned reason to do so, and according to the conditions
that are mentioned in the Shari‟ah rulings.
3. No matter the extent of the disagreement between the
spouses, it is not permissible for either spouse to resort to
beating in violation of the limits of the Shari‟ah rulings that
have been stipulated. Anyone who violates this prohibition
will be held responsible civilly and criminally.
4. Care should be taken to keep the disagreement between the
spouses, away from the children. They should not involve
family members and acquaintances in their issues. Instead,
they should try to solve the problem between the two of
them with understanding. In the case that they are unable to

do so, they should resort to arbitration by two just
arbitrators, one from his family and one from hers.
5. As each spouse is privy to his partner‟s most private secrets,
which are known to no one besides Allah the Mighty and
Glorious, marital secrets should be kept secret, and even
after divorce, spreading these secrets is a sin and a betrayal
of trust.
Article (66)
Abiding by Islamic Manners
1. Encourage the other to live in obedience to Allah, abide by
noble manners, be cognizant of Allah‟s watchfulness, fear
Him in private and in public, and perform his obligations to
Allah just as he insists that others perform their obligations
to him, or more so. Both spouses should set a good example
for each other, and for the children in these affairs.
2. Teach the other and enable him to learn whatever he needs
to know to lead a good life in this world and in the
Hereafter.
3. Be neat, clean, and pure in all of his affairs, not just their
personal space, body, and clothing. More importantly, they
should maintain cleanliness and purity of the self, the heart,
the hand, and the tongue; avoiding sins and everything that
has been prohibited.
4. Abide by that which is lawful and pure, to earn his living
from lawful sources, and to avoid that which is prohibited no
matter how tempting. Also, each spouse shall try to be
economical and moderate in his spending, neither being
extravagant nor stingy, and he should avoid focusing on
appearances, putting on airs, and blind following of others.
Article (67)
Maintaining Good Relations with People; Particularly with
Neighbors and Relatives
1. Take care to maintain the standards of the manners of
Shari‟ah when visiting, meeting, and interacting with others.
2. Take care to maintain good relations with people,
particularly neighbors, relatives, and kin. Likewise, each
spouse should consider the other‟s relatives to be as close to
them as they are to the other person.
3. Strive to maintain good relations with neighbors, particularly
by not bothering them with any form of annoyance or noise.
4. Take care of their health, avoid bad eating habits, and strive
to use national products and boycott enemy products.

Part II: The Wife‟s Rights Over Her Husband

Article (68)
The Obligation to Bear the Expenses of Marriage
Islamic Shari‟ah obliges the husband alone, to pay the
financial support and dowry of his wife and furnish her house. The
wife is not required to bear any of these expenses unless she
willingly agrees to do so out of the kindness of her heart, however,
in such a case, she maintains her right to anything that she
contributes.
Article (69)
To Be Treated Fairly and with Kindness
Islamic Shari‟ah obliges the husband to treat his wife
equitably and with kindness, and this is achieved through the
following considerations:
1. He should take her nature, the differences in her upbringing,
and her point of view into consideration and treat her leniently and
gently with patience and clemency, in addition to doing simple
things to make her happy.
2. He should not prevent her from visiting her parents and
mahrams unless it is proven that doing so will result in harm that is
recognized by Shari‟ah; in such a case, it is allowed for him to
prevent her to the extent that is necessary to avoid that harm.
3. He should be moderate in his jealousy towards her; neither
going overboard, nor being too lax.
Article (70)
The Right to Financial Support
Even if the wife is well off, it is her right to be supported
financially with the food, drink, lodging, clothing, and medical
treatment that suffices her according to the husband‟s financial
situation, neither being extravagant nor stingy, according to the
detailed rulings of Shari‟ah.
Article (71)
Women‟s Work Outside of the Home
According to the Islamic view, in principle, it is permissible
for women to work outside of the home, though doing so is not a
goal in itself. Rather, it is a means to fulfill familial and societal
interests. Depending on the circumstances and the situation,
working outside the home may be ruled to be obligatory,
recommended, or prohibited. However, in all situations it is subject
to the following regulations:
1. The work must be permissible according to Shari‟ah, and it
must not contradict the interest of the group and the
woman‟s nature.
2. There must be understanding and consent between the
spouses with regard to the limits that define what is in the
best interest of the family, without putting on airs or

exaggeration. Also, the financial relationship between the
spouses should be clarified in the manner that is mentioned
in Article (76).
3. Precedence should be given to the children‟s interest with
regard to their upbringing and providing proper care for
them as they are the pillar of the Muslim community and the
next generation.
4. Islamic moral regulations for men and women should be
followed.
Article (72)
Helping the Wife with Housework
If circumstances necessitate that the wife must work outside
the home, then her husband should assist her and provide her with
the means to perform her work, and to do it well. Likewise, he
should also help her with the housework and looking after the
children.

Part III: The Husband‟s Rights Over His Wife

Article (73)
Obedience in Equitable Matters
It is the husband‟s right over his wife that she should obey
him in all equitable matters; this includes everything that is
permissible according to Shari‟ah and does not cause her harm or
injury.
Article (74)
Not Being Extravagant in Spending
The wife is obliged to fear Allah with regard to her
husband‟s wealth and to spend it with wisdom and foresight
according to her needs and the needs of her children, neither being
extravagant, nor being stingy. Also, she should not spend any of
his money except with his permission or as is customarily
acceptable.
Article (75)
The Obligation to Abide by the Manners of the Religion
1. The wife should be pious and obedient, and she should act
according to the manners of the religion, complying with the
regulations of Shari‟ah in her dress, being modest, dignified,
and unflamboyant in her accessories and her actions.
2. It is the husband‟s right to prevent his wife from anything
that might lead to vice, cause her to commit that which is
forbidden, or involves frequenting places of pointless . With
regard to other places, the decision should be made based on
mutual understanding between them according to the
regulations of Shari‟ah.
Article (76)
The Wife‟s Responsibility for Her Home
1. It is the wife‟s duty to attend to the affairs of the marital
home and the children in a manner that is befitting of people
of their status. She is obliged to do so as a religious duty and
by virtue of the bonds of love, mercy, and cooperation in
matters that lead to the happiness of both spouses, however,
she cannot be legally forced to do so. If she works outside
the house, then she should contribute to the finances of the
home to the extent that is appropriate in their situation based
on what they agree upon, or according to the verdict of a just
arbitrator between the two parties.
2. If the woman is financially well off, and her husband is in
financial difficulty, it is obligatory for her to financially
support him and the children. However, in the case that the
husband becomes financially solvent, he must compensate
her for whatever she spent, according to the regulations of,
and within the limits of Shari‟ah.


Section Five
The Rights of Parents and Children
Article (77)
The Foundation of the Relationship Between Parents and
Children
Islam has established the parent-child relationship on a
strong foundation of goodness, family ties, love, and mercy.
Likewise, it has designated mutual rights and responsibilities for
each party. Children‟s rights over their parents will be mentioned
in Section Five of Chapter IV, pertaining to the rights and
obligations of children in Islam.
Article (78)
Parents‟ Rights Over Their Children
1. To be attended to in a good manner even if they are of a
different religion or sect.
2. To be treated well and generously; their rights should be
fulfilled and they should be looked after in their old age,
particularly in the case of the mother.
3. Not to be shouted at or scolded; they should not be harmed,
no matter how slight the harm might be, even if only by a
gesture.
4. To continue to fulfill their rights, even after they die, by
praying and asking forgiveness for them, fulfilling their
promises and bequests, and being generous to their friends
and relatives.

Section Six
Polygyny
Article (79)
Regulations Related to Polygyny
Polygyny is permissible within the limits decreed by
Shari‟ah to achieve a Shari‟ah recognized or social interest.
However, men must meet the condition that they be able to fulfill
the responsibility of providing for the wives and children, while
being just between them, with total equality in housing, food,
clothing, nights, and all other affairs of life.
Article (80)
Not Showing Preference to Any of the Wives
Shari‟ah encourages maintaining a balanced disposition,
without exaggeration in displaying affection or showing preference
towards any of the wives.
Article (81)
Stipulation of a No-Polygyny Clause
It is allowed for the wife to stipulate in the marriage contract
that her husband may not take another wife, and to stipulate a
consequence for any violation of this condition.
Article (82)
When Polygyny is Grounds for Divorce
If the husband does not abide by the Shari‟ah conditions for
polygyny, and if this causes harm to the wife, it is her right to
request divorce. If the husband does not divorce her, she may
appeal to a judge to divorce her from her husband.

Section Seven
Dissolution of Marriage
Part I: Divorce
Article (83)
The Definition of Divorce and the Wisdom Behind It
Divorce is the severing of the marital bond by the sole will
of the husband. It is one of the permissible actions that is hated in
Islam; in fact, of all permissible acts, divorce is the most abhorred
by Allah. It was legislated to put an end to marriage that does not
achieve its Shari‟ah aims as a result of intense conflict between the
spouses in cases when it is sure that continuing the marriage is
absolutely impossible.
Article (84)
The Necessity of Patience and Tolerance
According to Islamic Shari‟ah, each spouse must be patient
with his life partner and tolerate him to the greatest extent possible.
Article (85)
Limiting the Means of Divorce
Islamic Shari‟ah strives to limit the means of effecting
divorce and has made it complicated with many procedures.
Likewise, it emphasizes continuity of the marriage and avoiding
any intensification of conflict between the spouses. It order to
accomplish this, it mentions many means and mechanisms, which
are explained in detail in the rulings of Shari‟ah.
Article (86)
The Conciliatory Gift for Divorce
Islamic Shari‟ah encourages the man to give his wife a
material gift, known as al-mutàh, when he divorces her.

The value of the gift should be in proportion to the husband‟s
financial abilities and the duration of the marriage. The purpose of
the gift is to console her and to lessen the harm that she endures as
a result of the divorce.

Part II: Divorce by Judicial Decree

Article (87)
Divorce by Judicial Decree as a Result of Harm
If the wife has been harmed by her husband to an extent that
would be impossible for most people similar to them to continue
the marital relationship under such circumstances, then she shall
have the right to ask for a divorce. If her husband refuses to
divorce her, she can raise her case to the judge. If the harm is
proven, then the judge shall rule in her favor thereby divorcing her
from her husband. Because this is a minor irrevocable divorce, it is
not permissible for her husband to take her back as a wife except
with a new marriage contract and dowry, with the condition that it
is not the third divorce.
Article (88)
Judicial Decree of Divorce Due to Non-Payment of Financial
Support or Long Absence
It is the wife‟s right to request divorce if her husband refuses
to provide financial support for her or if he is absent for a long time
and there is no news from him, or if he is lost or imprisoned for a
long period of time and does not have any apparent wealth from
which she can spend. Even if he does have wealth, she may request
divorce if she is harmed by his absence from her, and this right is
subject to the regulations and stipulations mentioned in the rulings
of Shari‟ah.
Article (89)
Khul‟a
If a woman hates her husband and cannot stand him, even
though he hasn‟t hurt her in any way that would be considered
grounds for divorce, and if she can no longer bear to remain with
him, then she has the right to request divorce in exchange for
giving up any financial rights that would be due to her as a result of
the divorce, and returning any dowry or gifts that he gave her.
This form of divorce is known as khul‟a and in principle, it
takes place by way of an agreement between the two parties.
However, if they cannot come to an agreement, or if the husband
arbitrarily refuses to respond to the wife‟s request, the wife can
raise her case to the court to obtain an irrevocable judgment of
divorce.

Part III: Annulment of the Marriage Contract

Article (90)
Cause for Annulment
Both the husband and the wife have the right to request
dissolution of the marriage if either of them finds a serious defect in
the other that cannot be resolved, or which requires a long period of
time to be resolved, and cannot be tolerated without enduring harm.
However, this is with the condition that the person was unaware of
the defect if it was present before the contract was executed, and
that when he became aware of it, or when the disease occurred after
the contract, he did not accept it, explicitly or implicitly.
Experts should be consulted in determining the deficiencies
that necessitate dissolution, and in such cases, the dissolution is
considered an annulment of the contract as opposed to divorce.

The Rights and Duties of

Chapter the Child in Islam
IV
Section One
Caring for Children from the Beginning of the
Formation of the Family
Article (91)
Seeking Children to Preserve the Human Race
1. Children are a divine blessing and an innate human desire.
2. Shari‟ah encourages the pursuit of progeny in order to
preserve the human race.
3. For this reason, Shari‟ah prohibits sterilization of men and
women, hysterectomies, and abortions except in cases of
medical necessity, just as it also prohibits all means that
hamper the continuity of humanity.
4. It every child‟s right to come into life by way of a Shari‟ah
sanctioned marriage between a man and a woman.
Article (92)
Comprehensive Care from the Start of the Marriage
1. The care of Islamic Shari‟ah for children includes the
following stages:
a. Each spouse‟s selection of the other spouse.
b. The period of pregnancy and birth.
c. The period from birth until discretion (the stage during
which the child is unable to discriminate between

affairs).
d. The period from discretion until puberty (the stage
during which the child is able to discriminate between
affairs).
2. With each of these stages, the child is entitled to certain
rights appropriate to that stage.
Article (93)
The Family is the Source of Human Values
The family is the nest for the child and his natural
environment that is necessary for his care and upbringing. It also
acts as the child's first school in which humanitarian, moral,
spiritual, and religious values are instilled.
Article (94)
Adhering to the Criteria for a Successful Marriage
It is the child‟s right upon his parents that each should make
the optimal selection in choosing his partner and that they should
adhere to the standards for a successful marriage that are outlined
by Islamic Shari‟ah and are stated in Article (51) of this Charter.

Section Two
Freedoms and General Human Rights
Article (95)
The Right to Live, Survive and Develop
1. From the time the child is formed as an embryo, the child
shall have an inherent right to life, survival, and
development.
2. Abortion of the embryo is prohibited unless the life of the
mother is exposed to certain danger that cannot be avoided
except by abortion.
3. The embryo shall have the right to receive health care and
suitable nutrition by way of the care that is provided for his
pregnant mother.
4. It is prohibited to harm the embryo in any manner, and
Shari‟ah has set a civil and punitive punishment for whoever
violates this.
Article (96)
The Welcoming of the Child
At the time of his birth, it is the child‟s right that his parents
give him a good name, demonstrate happiness and joy upon his
arrival, and celebrate his birth. Islamic Shari‟ah commands that
boys and girls be dealt with equally in such matters and it prohibits
dissatisfaction with the birth of girls or harming them in any way.
Article (97)
Protection of Identity
The child shall have the right to maintain his identity, which
includes his name, nationality, family affiliations, language, and
culture, as well as his religious and cultural affiliation.
Article (98)
The Prohibition of Differentiation or
Discrimination Between Children
Islamic Shari‟ah prohibits any type of differentiation or
discrimination between children, irrespective of the child‟s or his or
her parents‟ or legal guardian‟s race; color; sex; nationality;
language; religion; political opinion; national, ethnic, or social
origin; property; disability; place of birth; or other status by which
such discrimination is manifested in violation of the Shari‟ah
rulings.
Article (99)
Health Care
The child shall have the right to enjoy the highest attainable
standard of health. Also, he shall have the right to utilize facilities
for the prevention and treatment of illness and rehabilitation of
health.
Article (100)
Compassionate Treatment
The child shall have the right to be treated by his parents and
others in a compassionate and just manner that achieves his
interests.
Article (101)
Enjoying Recreation Time
The child shall have the right to enjoy his childhood. As
such, he should not be deprived of his right to relax, enjoy his
leisure time, and engage in play and recreational activities. Also,
he should be allowed to freely participate in cultural and artistic
activities in a manner that is age-appropriate and preserves his
personal identity, while avoiding forms of recreation that are
prohibited by Shari‟ah and the law.
Article (102)
Freedom of Thought and Conscience
1. Within the limitations of Shari‟ah and the law, the child shall
have the right to freedom of thought and conscience and the
right to nurturing of the innate nature with which he was
born.
2. According to Shari‟ah and the law, parents and those
responsible for caring for the child shall have rights and
duties with regard to providing direction to the child to
enable him to exercise his right to freedom of thought and
conscience in a manner consistent with his evolving
capacities and his actual interests.
Article (103)
Freedom of Expression
1. The child shall have the right to freedom of expression that
does not contradict Islamic teachings and manners.
2. This right shall include the freedom to seek all types of
information and virtuous ideas that do not contradict the
principles of morality, religion, and patriotism. It also
includes the freedom to receive and impart such information
and ideas through speech, writing, forms of art, or any other
media that suits the circumstances and mental abilities of the
child.
3. The child who is capable of forming his own opinions shall
have the right to freely express those opinions in all issues
relevant to him. The opinions of the child shall be given due
weight in accordance with the age, maturity, and actual
interests of the child.
4. This freedom shall only be limited by due respect for the
rights or reputation of others, protection of national security,
public order, public health, or public decency.

Section Three
Personal Status Rights
Article (104)
Lineage
1. The child shall have the right to have his parentage
attributed to his Shari‟ah recognized parents.
2. Accordingly, all actions that cause doubt in attributing the
child to his parents shall be prohibited (such as womb
renting, etc.).
3. The provisions of Islamic Shari‟ah shall be followed to
establish lineage.
Article (105)
Breastfeeding
The infant shall have the right to be nursed by his mother
unless doing so conflicts with the interests of the child or the health
of the mother.
Article (106)
Custody
1. The child shall have the right to have someone to take
charge of his custody, to care for and raise him, and to
provide for his physical and psychological needs. The
mother has the greatest right to custody of the child
according to Islamic Shari‟ah.
2. The system of custody of children includes orphans,
foundlings, children with special needs, refuges, those who
are deprived either temporarily or permanently of their
family environment, and those who are forcibly expelled,
etc.
3. Islamic Shari‟ah does not permit the system of

adoption; however, it guarantees rights of social care, in all
of its forms, for children.
4. All societal institutions, including the state, shall provide
necessary support and services to assist women who have
custody of children to fulfill their responsibilities.
5. The two parents are the primary custodians, and the child
shall not be separated from either or both of them, except
when there is a preponderant necessity to do so. Necessity
shall be evaluated according to its magnitude.
6. Through mutual consultation, both parents are responsible
for caring for the child, his interests, and living conditions.
If necessary, they may resort to the competent organizations
that provide social care or to the judiciary in order to achieve
such care and accomplish such interests.
7. The interests of the child shall be evaluated by legal, social,
and medical specialists according to his individual
circumstances.
Article (107)
Financial Support
1. The child shall have the right to a standard of living that
befits his physical, mental, religious, and social growth.
2. In the case that the child possesses no property or finances,
the obligation to provide financial support shall be borne by
his father, unless he is unable, in which case it shall be borne
by other relatives who are financially capable, in accordance
with the provisions of Islamic Shari‟ah.
3. This right shall extend, in the case of a boy, until he
becomes able to earn a living and has the opportunity to
work. In the case of a girl, it shall extend until she gets
married or earns enough to support herself.
4. All societal institutions, including the state, shall assist
parents and others who are responsible for the child to
secure the living conditions required for his development.


Section Four
Competence and Criminal Liability
Article (108)
Limited Competence of the Embryo/Fetus
The embryo shall enjoy a limited competence of entitlement
to the financial rights that are established by Islamic Shari‟ah. As
such, it shall retain its share of inheritance, bequests, endowments,
and gifts from the parents, relatives, or others, pending its live
birth.
Article (109)
Children‟s Competence of Entitlement
1. From the time of its live birth, the child shall enjoy complete
competence of entitlement, giving him his rights to
inheritance, bequests, endowments, gifts, etc.
2. The child‟s right to benefit from social security, as well as
social insurance, aid, etc., shall commence at from the time
of his birth.
Article (110)
Competence to Dispose
“Competence to Dispose” refers to the child‟s competence to
execute his rights and dispose of his property. This competence is
dependant upon the child‟s intellectual ability to distinguish, such
that he has the ability to differentiate between what is beneficial
and what is harmful. The intellectual ability to distinguish develops
according to the stages of life, and is affected by age and other
circumstantial factors that may negate or limit the child‟s
competence.
Article (111)
The Degrees of Criminal Responsibility and Special Treatment
1. A child who has not reached the age of discretion as
determined by the law, is not to be held criminally
responsible, and may be subjected to one of the measures for
care as established by the law.
2. The treatment of a child who has reached the age of
discretion and has not reached the age of puberty as
stipulated by the law, shall vary in degree; either subjecting
him to one of the measures of care, or one of the measures of
correction or mitigated punishment.
3. In all cases, the child shall have the following rights:
a. That his age, condition, circumstances and offence be
taken into consideration.
b. That he be treated in a manner that suits his sense of
dignity and self esteem, with full respect for his
human rights, basic freedoms, and legal guarantees.
c. That his re-inclusion and constructive role in society
be encouraged.
d. That he be tried before a competent, independent,
fair, judicial authority that will decide on his case in
an expedient manner with the assistance of social and
legal experts in the presence of his parents or those
who are legally responsible for his care, unless doing
so interferes with the best interest of the child.
e. That a higher judicial authority be established to
review the verdict against the child.

Section Five
Proper Upbringing and Education of the Child
Article (112)
The Child‟s Virtuous and Integrated Upbringing
In accordance with the regulations of Shari‟ah the child‟s
rights include:
1. That his parents fulfill their joint responsibility to provide
the child with a righteous and balanced upbringing in a
proper manner and provide for his mental and physical
development. This right is delegated to anyone in the
position of the parents, with regard to the child‟s care and
protection of his interests, and the child‟s best interest
should be their primary concern.
2. The priorities of basic upbringing include teaching the child
the fundamentals of faith, training him to worship and obey
Allah, and instilling Islamic manners and virtuous conduct.
The child should also be taught to avoid forbidden things,
foul and harmful behaviors and habits, and bad company.
At the same time, he should be encouraged to perform
activities such as beneficial sports and reading. Also, the
parents or those responsible for the child‟s care should set a
good practical example of all such traits.
3. The child should gradually be allowed a margin of freedom,
according to his age development, in a manner that increases
his sense of responsibility in order to prepare him to bear full
responsibility when he becomes of legal age.
4. It is necessary to protect the child, particularly during
adolescence, to avoid provoking his sexual instincts and
passionate reactions while providing sexual awareness. In
all cases, it is imperative to:
a. Use the optimal manner of expression that is
appropriate for each stage of the child‟s mental and

emotional growth.
b. Incorporate sexual information in an age appropriate
manner with corresponding sciences, such as biology,
health sciences, acts of worship, personal status, and
religious education.
c. Combine the presentation of sexual awareness with
the deepening of the Islamic behavioral disciplines
relevant to it, while providing clarification from the
sublime teachings of Islam, as to what is permissible
and what is forbidden, and the dangers of defiant
sexual behavior.
5. In all cases, effort must be exerted to protect adolescents
from practices that encourage perversion or excite base
instincts that contradict religious teachings and societal
values. This is to be achieved by segregating boys and girls
in schools and sports clubs, and having female athletic
coaches for girls. Likewise, adolescents of both genders
should be prevented from frequenting places of depravity
and frivolous amusement, and those who are responsible for
such places should be subjected to deterrent punishments if
this is violated.
Article (113)
Good Social Habits
From the very beginning, it is the child‟s right to be trained
to acquire good social habits, particularly those which emphasize
the importance of maintaining family and social cohesion through
love and mercy between family members and relatives. These
habits also involve maintaining ties of kinship, treating parents well
and obeying them in all affairs that are good, revering them,
supporting them financially and aiding them in their old age or in
poverty, in addition to meeting or fulfilling all their Shari‟ah
established rights. They should also be taught to be respectful to
elders and merciful with youth, to wish the best for others, and to
cooperate in those affairs that are good and righteous.
Article (114)
Comprehensive and Balanced Education for the Child
1. The child shall have the right to an education that aims to:
a. Make the child aware of the ultimate facts of
existence, such as the Creator who directs all affairs,
the universe that is subjected to man for the benefit of
humanity, man and the mission that he is to
accomplish, the trials in this life that one experiences
in preparation for the world of reward in the
Hereafter.
b. Develop the child‟s personality, his talents, and his
mental and physical abilities to their fullest potential
so that he will be able to carry out his mission in life.
c. Develop respect for human rights, fundamental
freedoms and make him aware of his specific and
general responsibilities.
d. Develop the child‟s self respect, cultural identity,
language, and his values related to his religion and his
country.
e. Prepare the child to live a responsible life in a free
society that strives to preserve its religious and
humanitarian values, and attempts to reach its highest
ideals with a spirit of understanding, peace, tolerance,
and equality of sexes in their human dignity, and
familiarity between all peoples and all ethnic,
national, and religious groups.
f. Develop respect for the natural environment in the
context of the awareness that the earth has been
subjected to man for his use to enable him to carry
out his mission in life, as Allah‟s vicegerent on earth.
2. To that end, the following shall be accomplished:
a. Basic education should be made compulsory and
available to all without cost. It should incorporate the
basic knowledge that is necessary to develop the

child‟s mind and personality.
b. All forms of secondary education, whether general or
vocational, should be encouraged and developed in
order to meet the society‟s need for skilled labor and
to fulfill community obligations that achieve societal
goals. This education should be made available for
all children, and all appropriate steps should be taken
to accomplish this, such as providing free education
and financial assistance when necessary.
c. Higher education, augmented with all appropriate
means, should be made available to all people on the
basis of their mental capacity as well as their physical
and psychological suitability.
Article (115)
Obtaining Useful Information
1. The child shall have the right to obtain information and
materials that are spread by mass media and are aimed at
promoting social welfare, deepening religious culture, and
protecting physical and mental health. Protection from
harmful information and material in said aspects is an
established right.
2. All institutions of the society, including the state, shall
encourage the production, exchange, and dissemination of
information and material that is beneficial culturally,
ethically, and religiously. This information and material
shall be made available to children. At the same time,
production and dissemination of information that is
dangerous to children in all of these issues shall be
prevented.

Section Six
Comprehensive Protection
Article (116)
Protection from Harm and Abuse
1. The child shall have the right to be protected from all forms
of harm and oppression, as well as from physical, mental, or
psychological abuse, neglect, or degrading treatment,
whether it be inflicted by the parents or by any other person
responsible for the child or caring for him.
2. This right does not contradict the necessities of disciplining
and teaching the manners, which involve pedagogically
accepted punishments that incorporate a wise and balanced
combination of explanation, persuasion, enticement, and
encouragement along with deterrents and punishment
according to relevant Shari‟ah, legal, and psychological rules
for doing so.
appropriate assistance, first to the parents and then to others
who are legally responsible for the child, to assume the
responsibilities of raising the child, while taking all social,
legislative, media, and cultural measures that are required to
instill the necessary principles to nurture faith and establish a
virtuous society that rejects vices and deplorable habits and
follows the most upright of ethics and the best of manners.
Article (117)
Protection from Dishonor and Defamation
1. The child shall have the right to be protected from all forms
of exploitation, sexual abuse, or illegal harm to his honor or
reputation.
2. The child shall have the right to be protected from using

narcotics, psychotropic substances, alcoholic beverages, and
smoking, etc.
3. He shall have the right to be protected from being abducted,
sold, or trafficked.
4. Parents and those who are legally responsible for the child‟s
care shall make the child aware of and keep him away from
bad company, while providing a good example and
wholesome company which assist in his protection.
5. All institutions of the society, including the state, shall bear
the duty of taking the necessary protective measures to
screen the media services for anything that might cause,
encourage, or contribute to the deviation of the child, while
taking the legislative, social, and educational measures
necessary to accomplish that.
Article (118)
Protection from Economic Exploitation
1. The child shall have the right to be protected from economic
exploitation and from performing any work that is likely to
be hazardous, interfere with his regular attendance of basic
mandatory education, or is harmful to his health or his
physical, mental, religious, moral, or social development.
2. The aforementioned right includes setting a minimum age
for children‟s employment and instituting an appropriate
system for employment hours and conditions.
Article (119)
War and Emergencies
1. The child shall not participate directly in war before he has
reached the age determined by the law.
2. In cases of emergencies, catastrophes, and armed disputes,
the child shall be given priority with regard to protection and
care of civilians with regard to the impermissibility of
killing, injuring, harming or taking him captive. He

shall also be given priority in fulfilling his rights to shelter,
food, healthcare, and relief.
Section Seven
Concern for the Child‟s Best Interest
Article (120)
Benefiting from Human Rights Declarations
The provisions of this Charter do not breach any of the
human rights provided for by the Cairo Declaration on Human
Rights in Islam that were drafted during the summit held by the
Organization of the Islamic Conference on August 5, 1990. In
combination with this Charter, said provisions are considered to be
an integral whole, and the provisions of this Charter do not breach
any international declarations that conform to the provisions of
Islamic Shari‟ah.
Article (121)
Taking Measures Towards Implementation of Children‟s Rights
All institutions of the society, including the state, shall take
all appropriate measures to implement the rights established in this
Charter, and shall provide the child with direction and guidance
suitable to his evolving abilities when exercising such rights, while
at the same time respecting the responsibilities, rights, and duties of
the parents, relatives, guardians, or others who are legally
responsible for the child.
Article (122)
Concern for the Best Interest of the Child in All Affairs Pertinent
to Children
In all procedures pertinent to children, whether executed by
legislative, judicial, or administrative authorities, or by public or
private social care institutions, prime concern shall be given to the
best interest of the child while taking into consideration the rights
and duties of his parents, guardians, or other individuals who are
legally responsible for him.


From the Small Family to

Chapter V the Large Family
Section One
Social Solidarity
Part I: The Status of Takaaful (Solidarity) in Islam

Article (123)
The Principle of Takaaful and the Basis for its Establishment
Financial and social takaaful are among the greatest general
aims and basic goals in Islam that must be achieved in the Islamic
society. Takaaful is based on two main principles which have been
afforded a high degree of care and importance in Islam; the interest,
unity, and cohesion of the group; and the comprehensive human
brotherhood.
Article (124)
The Spheres of Takaaful in Islam
The concept of takaaful in Islam expands in spheres with
cohesive links until it eventually extends to the entire society as a
whole. Thus, it includes financial, moral, and social takaaful in all
of its forms; and it is between the members of a single family,
between families, and between the group and its leaders. There are
many mechanisms to achieve takaaful including those which are
individual and those which are collective, as well as those which
are voluntary and those which are mandatory.
In this context we shall limit ourselves to the

clarification of the forms and fields of takaaful within the field of
the family, as it is the basic nucleus of the society. When the family
is sound, the rest of the society‟s affairs are sound.

Part II: General Rulings

Article (125)
Man‟s Innate Social Nature Necessitates Takaaful
Man is a social being who is naturally inclined to live in a
group, and it is impossible for him to live alone. For this reason,
takaaful between the rich and the poor, mutual aid in times of
difficulty, and sharing in times of happiness are some of the most
important basic principles for building social solidarity and
achieving unity and human brotherhood between mankind.
Article (126)
The Perimeters of Takaaful
In Islam, social takaaful guarantees that the individual‟s
basic needs will be met. This includes his dire necessities, needs,
and non-essential requirements related to accommodation, food,
clothing, medical treatment, and education to an extent that is
sufficient to meet the usual needs of a middle class person; no less
and no more.
Article (127)
Cooperation Within the Islamic Society
In Islam, the Islamic society is built on the basis of
cooperating in all things that are good and pious. Social takaaful is
one of the most important forms of goodness as it achieves the
interests of the Muslim community by way of the cohesion that it
spreads among members of the society and the support that it
provides to individuals, enabling them to get married and build a
family.
Article (128)
Takaaful is a Right and Duty
In Islam, takaaful is not a form of voluntary charity left to
the will of individuals, depending on whether they want to give or
not. Islam has made takaaful a right that is due upon the wealth of
the rich, making it obligatory for them to give to those who are
entitled, without reminding the recipient of their favor to him or
hurting him in any way. In order to ensure that this form of takaaful
reaches those who are entitled to it, Islam has ordained a precise
system that merges the responsibility of the rich and the
responsibility of the people in charge.
Article (129)
Those Who Are Entitled to Takaaful
In Islam, those who are entitled to takaaful include all
groups of the society who are unable to meet their basic needs and
who are living within the Muslim community, permanently or
temporarily. This includes orphans, the weak, the poor, the needy,
victims of catastrophes, and those who have incurred debts for
Shari‟ah sanctioned interests who are unable to repay them,
whether the person is Muslim or non-Muslim.
Article (130)
In Islam, Takaaful is the Basis for Financial Acts of Worship
Takaaful in Islam is one of the aims of Shari‟ah that is
essential to many of the Shari‟ah laws and regulations upon which
Islamic society is based and which are known as the financial acts
of worship. These include zakaah, providing financial support for
one‟s relatives, the obligation to maintain ties of kinship, the
system of al-‟aaqilah (where the male paternal relatives of the
person who is convicted of causing accidental death share in paying
the blood money), the obligation to distribute the national income
justly between the rich and the poor, providing interest free loans,
and expiations and vows, etc.
Part III
Article (131)
The Detailed Rulings of Takaaful
The Shari‟ah rulings related to the obligation of takaaful
vary between mandatory and recommended. Likewise, the spheres
of entitlement are also varied on the basis of several aspects which
include: the degree of kinship between the person who has wealth
and the person entitled to takaaful, and the type of Shari‟ah
obligation that applies to the wealth (whether it is obligatory
zakaah, mandatory financial support, or voluntary charity). These
spheres of entitlement also take into consideration of the level of
the entitled person‟s need; whether it is a dire necessity, a need, or
a non-essential requirement, and they also depend upon the original
cause of the need; whether it is the result of a Shari‟ah sanctioned
interest, circumstances beyond their control, or forbidden types of
transactions. These spheres expand until they include all of the
society in a precise unparalleled system, giving Islam its well
deserved reputation of being the religion that was revealed to care
for the poor and the weak. For more information on this topic, refer
to the detailed rulings in books of Islamic fiqh.

Section Two
Maintaining Uterine Ties
Article (132)
Definition of the Concept
1. The uterus is the secure place in the mother‟s abdomen
where the human is created and where his formation is
completed. In this context, however, “uterine ties” refers to
one‟s relatives, whether maternal or paternal.
2. Maintaining uterine ties refers to being good, kind, equitable
and fulfilling the rights, obligations, and recommended
deeds that are due to relatives before those of other people.
3. The ruling on maintaining this relationship may be
obligatory, mandatory, or recommended, according to the
proximity of the degree of kinship. This responsibility falls
upon the closest relative, then the next closest until it even
reaches the degree of preferring one‟s parents over one‟s
self, as they are the means by which the person was brought
into existence, and the mother is given precedence over the
father in all Islamic texts and teachings.
Article (133)
The Importance of Maintaining Uterine Ties
1. Islam places great importance on maintaining uterine ties
and building this relationship, just as it also strongly warns
against severing them.
2. Using the expression “uterine ties” to refer to ties of kinship
is a reminder that the mother‟s womb is the place of a divine
miracle and a reminder of Allah‟s ability to create man from
nothing; thus strengthening the religious deterrent within
man and encouraging him to fulfill the rights of his relatives.
Article (134)
Means and Mechanisms for Maintaining Uterine Ties

1. Islam has based the principles of inheritance, priority in
social takaaful, and the foundation of the social structure on
uterine ties, to be the deepest and most important social
connections and in order to create social cohesion and
provide for the society's continuity.
2. Islam emphasizes that an appropriate level of love, good
relations and equitable interaction must be maintained and
that uterine ties should never be denied, no matter the extent
of the conflict or the differences in sect or belief.
3. Islam stresses the importance of sharing advice, providing
support, and taking relatives‟ priority into account.

Section Three
Financial Support
Article (135)
Financial Support is One of the Most Important Means of
Takaaful
Islam is distinguished by the institution of a precise system
of obligation to provide financial support between family members,
as well as between individuals and the government. This system
forms an integral part of the social takaaful system in Islam, with
both supporting each other to meet the needs of the poor, the weak,
and those who have special needs.
Article (136)
Financial Support for the Wife, Minor Children, and Others Who
Fall Under the Same Category
1. Anyone who is financially sound and has wealth, whether

male or female, young or old, shall be supported from his
own wealth, with the exception of the wife; in her case all of
her financial support – including medical treatment – is the
obligation of the husband, even if she is financially well off.
2. Small needy children shall be provided for by their father,
even if he is poor. The responsibility for providing them may
be undertaken by the mother if she is financially well off, or
by the closest relative who has sufficient finances, however,
whatever is spent on the children will be considered a debt
for which the father is responsible according to details that
can be referred to in books of Fiqh. The same ruling applies
to adult children if they are unable to provide for themselves
de facto or de jure. In the case of a girl, she shall continue to
be supported financially until she gets married and moves to

her husband‟s home, at which time the obligation to provide
for her financially is transferred to her husband.
Article (137)
Financial Support for the Poor Who are Capable of Earning a
Living
In the case of a man who is poor and does not have any
wealth, or whose wealth is not sufficient for him; if he is capable of
working he must search for suitable work to suffice him and it is
the responsibility of his guardian to help him financially and assist
him to find suitable work.
Article (138)
Financial Support for Unmarried Women
1. Unmarried women or those who are divorced or widowed
and who have completed their waiting periods and have
wealth shall support themselves from it. However, in the
case that the woman does not have any wealth, she is not
obliged to look for work, and she shall be supported by her
guardian or by her closest relatives. Thus, her financial
support is incumbent upon her son, her father, her brother,
her grandfather or paternal uncle, etc. If there is more than
one relative at the same level of proximity who is
responsible for her financial support, then it shall be divided
between them according to the financial situation of each, or
it may be divided equally between them. Similarly, if there
are a number of women to be supported, the order of priority
of entitlement should be observed according to the details
mentioned in the Shari‟ah rulings.
2. If an unmarried woman earns her living by means of suitable
work, then she is obliged to support herself from her own
earnings.
3. If the woman does not have any relatives, wealth, or
earnings, or if what she has is not sufficient for her, then a
sufficient income should be allotted for her to be

paid from zakaah or sadaqah funds, or from the person in
charge of the Muslim treasury.
Article (139)
Financial Support for the Poor Who are Unable to Make a Living
The financial support for a poor man who is unable to make
a living or who is actually unable to find suitable work shall be
provided by his closest relative who is financially solvent, such as
his children if they have the finances to do so, or his next closest
relatives if his children do not. If there is more than one person at
the same level of proximity who is capable of providing, then the
support shall be divided between them according to the details
mentioned in the rulings of Islamic Shari‟ah, taking into
consideration his right to receive funds from obligatory zakaah and
voluntary sadaqah 1. If this is not enough to meet his basic needs,
and he has no relatives who are financially well off and who are
obliged to support him financially, then the obligation shall be
transferred to the Muslim treasury. If there are not enough funds in
the treasury to meet the needs of the poor, then it is up to the leader
of the Muslims to invest the wealth of the rich to meet the needs of
the poor.

1
Sadaqah: A form of voluntary charity given by Muslims.
Section Four
Guardianship Over One‟s Person and Wealth
Article (140)
The Shari‟ah Aim Behind Guardianship
Guardianship over one‟s person and wealth was legislated
along with trusteeship and conservatorship in order to protect the
interests and wealth of a person who is lacking sound judgment and
intellect. This may be due to his youth, inability to handle his
wealth properly, or deficiency in legal competence. Wealth is the
supporting pillar of life and thus, according to Shari‟ah, it must be
protected and developed.
Article (141)
Guardianship and Trusteeship
1. Children who are incompetent or deficient in their
competence, shall have the right to be provided personal
care by the state so that their rights and interests, both
material and moral, are looked after. This is achieved by
instituting provisions related to guardianship of person and
property, trusteeship, conservatorship, and judicial
assistance, etc., according to the rulings of Islamic Shari‟ah.
2. The person who is incompetent or deficient in his legal
competence shall have the right upon the aforementioned
guardians and trustees, as well as upon the legislative,
judicial, and social organizations, to be provided the best
possible care and protection. This care includes properly
managing his property, while training him to manage so that
he will be prepared to have it returned to him when he
reaches majority.
Article (142)
Procedures for Appointing Guardians and Trustees
For more details regarding these procedures, refer to

the rulings of competence of entitlement and competence to dispose
that are described in Section Four of Chapter IV pertaining to the
rights and obligations of the child in Islam. With regard to the
details of the procedures for establishing guardianship over one‟s
person and wealth and the rights of a person who is non-competent
or deficient in competence, with regard to guardians and trustees,
refer to the Islamic Shari‟ah rulings and the laws derived therefrom.

Section Five
Inheritance
Article (143)
The Shari‟ah Ruling Regarding Inheritance
In Islam, inheritance is a compulsory system that Allah has
mandated in clear texts that are firm in their evidence and meaning.
This system has been clarified more precisely than any other
worldly system in Islamic Shari‟ah, to the extent that it became
known as “The Science of Fara‟idh (obligations).”
Article (144)
The Fundamentals of the Inheritance System
1. The system of inheritance is based on the principle that after
death, no one has any say over his own wealth except within
the limits of one-third, which he may bequest. Likewise,
Shari‟ah stipulates that if the deceased has any debts or
financial obligations, they must be paid before distributing
the legacy to the inheritors; and Shari‟ah encourages that any
bequests should be less than one-third of the inheritance.
2. After paying any debts or obligations, and after distributing
any bequests if applicable, the remaining wealth of the
deceased is considered the property of the inheritors.
Shari‟ah, with its wisdom, dictated that the inheritance
should be distributed between the family members, each
receiving his share according to the proximity of his kinship
to the deceased, in a precise manner that stipulates the
entitled recipients and their shares, without being influenced
by the will of the deceased or the will of the inheritors.
3. This system includes a number of principles and regulations
that allow for flexibility, justice, correct implementation, and
confronting the changes that are required in each case such
as: the conditions for inheriting, the factors that allow a
person to inherit or prohibit him from inheriting, the

principles of priority in inheritance, redistributing any
balance remaining from the inheritance to the inheritors, al-
‟awl1, takhaaruj2, and other principles. For further details
refer to the rulings of Islamic Shari‟ah and the laws that are
derived there from.
Article (145)
The Delicate Balance Between the Systems of Inheritance and
Financial Support
1. By surveying the rulings related to inheritance in Islam, it is
clear that Allah, the Most Knowledgeable, has divided the
deceased‟s legacy in a way that it is distributed solely within
the sphere of the family. The order of those who are entitled
to inherit and the amounts of their shares are issues that are
related to the principles of financial support between the
relatives. Both systems (the system of inheritance and the
system of financial support between relatives) form a strong
basis for social takaaful in Islam.
2. The rulings of these two systems have established mutual
rights and responsibilities for and upon the members of the
family. Allah, the Most Wise Legislator, has made it an
obligation for the closest financially sound relative of a
young person who is in need, or an adult who is in need and
is unable to work, to provide for him from his wealth. The
closest relatives are charged with this obligation. and if they
are unable, then it falls upon the next closest relatives. These
are the same relatives who usually inherit from each other,
such that some scholars of fiqh stipulated that financial
support for a particular person is only obligatory on those
who are designated to inherit from him. Thus, this obligation
to provide financial support is countered by the fact that
1
Al-‟awl: A way of proportionately reducing the share of all inheritors when the
inheritors‟ shares exceed the actual number of shares.
2
Takhaaruj: The agreement between heirs that one of the heirs give up his/her share of
the inheritance in exchange for its value or something else.
most of those relatives are inheritors of the deceased to

whom his legacy is passed.
Article (146)
The Distinguished Position of the Islamic System of Inheritance
The Islamic system of inheritance is based on the principle
that the wealth of the deceased should go to his family members
even though there are differences in their shares and some family
members take priority over others or receive a greater share
according to precise rules. It is this just balance that creates family
ties and strengthens the relationship between family members, as
opposed to theories that abolish inheritance completely or that give
the testator absolute control over his wealth after his death, just as
he had during his life. In fact, neither of these theories are
successful in achieving the interests of the family or strengthening
the relationship between its members.
Article (147)
The Standards of Distribution Between Heirs
Upon evaluating the rulings related to inheritance it becomes
clear that the standards for distributing the inheritance to the heirs
are based on the following considerations:
1. The degree of kinship; thus, the closest person to the
deceased receives the greatest share; whether male or
female.
2. Considering the heirs an extension of the deceased person; a
man‟s descendants are branches of himself that reach out to
face life, and for this reason, the son‟s share is greater than
that of the father and the grandfather. In most cases, the
deceased‟s descendants take the entire inheritance for
themselves, just as the share of the daughter is greater than
mother‟s share, even though both of them are female.
3. Those who have greater financial obligations; such as sons
who just starting their lives and have not accumulated any
wealth, as opposed to fathers who have wealth that they have
earned and who are at the end of their lives.

4. Justice between the inheritors; by establishing a delicate
balance between the financial obligations of the inheritor
and his share of the inheritance according to what is
mentioned in Article (48).
5. Breaking up the wealth so that it is not concentrated in the
hand of any one inheritor; for this reason the inheritance is
not limited to just the ascendants and the descendants.
Instead, it is also shared by the peripheral relatives such as
the brothers, sisters, paternal uncles, half siblings, and
maternal relatives.
Article (148)
Being Male or Female is not Taken into Account in the
Standards of Distribution
Shari‟ah has ordained that males should be given twice the
share of females in some cases where they share an equal degree of
kinship and direction. On the surface, this equal proximity would
appear to necessitate equality in their shares such as in the case of
sons and daughters, sisters and brothers, paternal uncles and aunts,
and husbands and wives. However, the wisdom in this
differentiation is rooted in the great difference in the financial
obligations that each bears, despite the equality in their degree of
kinship and direction. In all cases, the woman retains her share of
the inheritance for herself and she is not obliged, according to
Shari‟ah, to spend any part of it on anyone else; except in very rare
cases and with the condition that she be financially well off. On the
other hand, the man is obliged by Shari‟ah to spend from his share
of the inheritance in all cases. Thus, in reality, the woman‟s share
of the inheritance is greater, even in those cases where males take
twice the share of females.
Article (149)
The General Principle in the Standards of Distribution is
Equality Between Men and Women
The basic rule is equality between men and women in

applying the standards of distribution.
In situations other than the aforementioned, there is no
difference between males and females in determining the
inheritance that is due; this is clarified by the following cases which
exemplify the principle, though it is not limited to these examples.
1. The mother receives half the share that the father receives in
the case that their deceased son does not have any inheriting
descendants. However, she receives a share equal to the
father‟s in other cases; if he has a son or two daughters who
inherit.
2. The half sister and half brother from the mother‟s side
receive equal shares of 1/6, or they share equally in 1/3 of
the inheritance if there are other half siblings from the
mother‟s side if the deceased has no inheriting descendent or
inheriting ascendant.
3. Males and females are equal in their right to receive the
entire inheritance if they are the sole inheritor.
4. In some cases, the female‟s fixed share is equal or greater
than the remainder of the inheritance that is the male
agnate‟s share.
5. By comparing the women‟s shares and the men‟s shares, it is
evident that the majority of women who inherit, inherit fixed
shares, whereas there are only two types of men who inherit
fixed shares. The other classifications of men only inherit
the remainder of the inheritance after the fixed shares have
been distributed, the majority of which go to women. Based
on this, it is clear that as a group, women receive a greater
share of the inheritance, since the fixed shares that are
designated for women are more than those that are
designated for men. Glory be to God the All-Knowing, Who
has applied mercy and justice to all affairs.

Section Six
Bequests
Article (150)
Definition
A bequest is one of the means of social takaaful in Islam. It
is the final pillar in the system of inheritance as it allows the
testator to voluntarily transfer ownership of part of the legacy to
anyone he chooses, whether it be to those whom he loves, to his
relatives, or to anyone else, to be carried out after his death.
Article (151)
The Wisdom Behind its Legislation
Allah, the Mighty and Glorious, ordained the principles of
inheritance, making them obligatory and binding by defining those
who are entitled to inherit and the shares that each person is due,
without allowing them to be influenced by the will of the deceased
or the will of the inheritors. However, considering that that the
testator is the owner of the wealth that he gathered through his own
efforts and earnings, the Wisdom of Allah the Exalted dictated that
these defined shares should be limited to 2/3 of the inheritance,
leaving 1/3 of the inheritance to be distributed according to the will
of the testator, to dispose of as he chooses. Thus, he may assign it
to any of the people who are connected to him by love, kinship, or
any other ties. Likewise, he may bequeath it to make up for some
negligence in his worldly life, to increase his reward from Allah by
directing it to a charitable organization or doing something that
benefits the Muslim community.
Article (152)
The Status of Bequests in Islam
Shari‟ah encourages bequests and has given the practice
great status by making it the first of the obligations of inheritance to

be executed. The reason for this is that the bequest is executed
according to the will of the deceased, and thus, it is a part of what
he earns in the worldly life, and is one of his good deeds for which
he is rewarded after his death.
Article (153)
Limits on Bequests
The maximum limit for bequests is one-third of the
inheritance, and Shari‟ah encourages people to make their bequests
less than one-third of the inheritance, in preference to the rights of
the inheritors. It is not permissible to bequest more than one-third
of the inheritance unless the inheritors agree to the amount that is in
excess. In the case that they do not approve the extra amount, the
bequest will be executed, however, only to the maximum limit of
one-third of the inheritance.
Article (154)
Bequests for Heirs
It is not permissible for the testator to make a bequest to any
of his inheritors unless the other inheritors agree to the bequest; or
unless doing so achieves justice between the inheritors by taking
into consideration a Shari‟ah recognized need that is truly specific
to the person who is the recipient of the bequest.
Article (155)
General Conditions
The testator who makes a bequest must do so of his own free
will, not under duress, and he must be competent to dispose. The
beneficiary of the bequest must exist, and if the bequest is
designated for a particular person, he must accept it. Also, the
wealth that is bequeathed must be property1 that has legal value and
is valid to be inherited.
1
[T.N. Property in this context refers to any material thing with value that can be
possessed.]
Article (156)
The Obligatory Bequest
In the pursuit of what is just, some manmade laws, including
Egyptian law no. 43 of 1946 C.E. of Article 76 have adopted the
opinion of some schools of jurisprudence that state that it is
obligatory for a person to make a bequest for the descendent of a
son who died during the testator‟s life if that descendent would not
otherwise inherit. The bequest should be the same as the share that
the deceased son would have received, with the condition that the
share does not exceed one-third of the inheritance. If the
grandfather does not make a bequest for the descendent of his son,
despite meeting the conditions that make it obligatory to do so, the
descendant will be legally entitled to inherit the amount of his
father‟s share or one-third of the inheritance, whichever is less.

Section Seven
Endowments
Article (157)
Definition
An "endowment" (waqf) is the means of preventing wealth
from circulation during the life and after the death of the person
making the endowment. It designates that the fruits and benefits of
the endowment are to be donated for the sake of Allah, to be used
for any charity that benefits people and is of general benefit to the
society.
Article (158)
The Basis for its Legislation
Endowments are a form of voluntary perpetual charity
wherein the asset is fixed and its reward is ongoing. It is a financial
form of worship and one of the important means of social takaaful
in Islam. Likewise, it is an emphasized Sunnah from the words and
actions of the Prophet (may blessings and peace be upon him) as he
was the first person to establish an endowment in Islam. He was
also the first to order those who gave charity to do so by
establishing endowments whereby the original asset is retained and
its yield is spent for the sake of Allah. The practice of establishing
endowments was established by the consensus of the Companions
(may Allah be pleased with them) and the Islamic community after
them.
Article (159)
Conditions and Rulings Related to Endowments
Because of its great importance, scholars of Islamic
jurisprudence were meticulous in specifying the details of the
rulings pertaining to endowments. Some scholars added

stipulations for their validity, such as stipulating that the
endowment must be an individual parcel or lot of real estate. They
also stipulated that it must be designated for a perpetual entity, in
addition to other such conditions. However, other scholars of
Islamic jurisprudence did not stipulate any of these conditions, and
theirs is the preponderant opinion, thereby implementing the
guidance of the Prophet (may blessings and peace be upon him)
who encouraged people to establish endowments and look after the
interests of the Muslims. Thus, it is permissible to designate shared
property, moveable property, real estate, as well as other things as
endowments; permanently or temporarily. In principle,
endowments are not binding except in some cases where they are
permanent, such as designating land as an endowment to build a
mosque upon it.
Article (160)
Its Practical Position in Islam
It is permissible to establish endowments for all good and
righteous projects and for anything that supports the society,
encourages social takaaful, spreads love and mercy between its
members, and establishes the ties of human brotherhood and
takaaful between members of the Muslim community. Thus,
endowments are not limited to a certain field. Rather, they
encompass all aspects of human life, public utilities, general
services, and all forms of advancement of the civilization.
Article (161)
Goals that are Served by Endowments
Throughout history, Muslims, both governors and the
governed, have competed with each other in spending their wealth
to establish endowments for the following purposes:
1. All humanitarian fields and meeting the needs of the poor
and needy; this includes establishing endowments for
foundlings, orphans, the unemployed, the elderly, the blind,
and lepers; assisting young men and women to get married;
providing milk and sugar for nursing infants; establishing

facilities that provide drinking water and restaurants that
provide food for the poor and needy; donating graves,
providing interest free loans or homes for the poor, needy,
and anyone who is unable to buy or rent a place to live; and
building public baths to maintain hygiene. Homes in
Makkah were also designated as endowments for pilgrims
during their stay there, and endowments were even
established for animals.
2. Public utilities to facilitate the affairs of life; this includes
establishing endowments to improve aqueducts and bridges,
and designating wells in the desert as endowments to
provide water for travelers, crops, and animals.
3. Jihad for the sake of Allah; procuring weapons of war,
horses, armor, and providing for the fighters and their
families.
4. Some people established endowments for their own
offspring to prevent their wealth from being squandered and
to guarantee a continuous return for the beneficiaries of the
endowment.
Article (162)
The Role of Endowments in the Progress of Islamic Civilization
Endowments played an essential role in the majority of the
accomplishments that were achieved in science and civilization in
Islamic lands, while Europe and the majority of the world were still
living in the Dark Ages. Some of these accomplishments include:
1. Spreading knowledge and information by establishing
endowments for schools, mosques, public libraries, and
schools to memorize the noble Qur‟an. Endowments were
also established for students who were seeking knowledge,
to cover their food and lodging and other expenses.
2. Establishing endowments for astronomical telescopes,
research and translation centers. Endowments were also
established for teaching hospitals to teach medicine and
nursing and to develop the sciences of

pharmacology, chemistry, and botany.
3. Endowments played an active role in preserving Islamic
principles. They promoted the Islamic society and its
advancement, spreading Islam and calling others to it, and
defending against missionary operations and other forms of
ideological and psychological destruction that were launched
against Muslim lands by enemies of Islam.
Article (163)
The Obligation of Looking After Endowments and Easing the
Rulings Related to Them
Ever since the end of the nineteenth century, Muslims have
been afflicted by the occupation of their lands and have been the
target of ideological, economic, and military invasions. Realizing
the importance of endowments in thwarting their plans, the enemies
of Islam worked to destroy the concept of endowments and plunder
their funds, leaving the society almost completely dependant on
governments that are allied with the enemy. Citing some negative
aspects (which are not impossible to correct), many Islamic
countries enacted secular laws that make it difficult to establish
endowments; putting limits on them and placing obstacles in their
way. Oversight and supervision of endowments was abolished,
such as in the case of Egyptian Law 48 of 1946, and the other laws
that followed it. Such laws caused people to abandon the practice of
establishing endowments until they almost vanished from the
society. However, now, the time has come for endowments to
regain their former status in serving Muslims and the Islamic
society, and for a group of Muslims to propagate this concept
seeking their reward from Allah the Exalted.
Article (164)
Endowments for One‟s Progeny
Recently, there has been a trend in some Islamic countries to
prevent the testator from establishing any type of endowment for
his offspring, which is known as a family endowment. The reason
for the prohibition is that over the years, this practice has tied up a
great amount of wealth, keeping it out of circulation, thereby
causing harm to the national economy and hindering development.
Also, with the increase in the number of offspring, over time the
returns that are divided between the entitled beneficiaries become
very meager, especially when most of the returns from the
endowment are consumed in covering the expenses of its
administration.
The most correct view practically speaking and according to
Shari‟ah, is to continue to allow endowments for one‟s offspring
(family) on the basis of the Shari‟ah texts, while at the same time,
establishing regulations and stipulations that allow the endowment
to be dispensed of and distributed to the deserving parties if it
becomes deficient in achieving its Shari‟ah aim.

The Islamic
Charter on
Family
Explanatory
Note
Principles, Values and
Chapter I General Concepts
This Chapter discusses the general principles, governing

values, and regulating concepts that are necessary to reach the
correct understanding of the family system in Islam. They are
considered comprehensive principles that regulate the branches and
the details of the family system. Each section of this Chapter is
considered a comprehensive title under which these principles fall.
This Chapter is composed of the following five sections:
Section One: The Divine Mission of Man
Section Two: Man‟s Divinely Inspired Nature and the

Universal Norms
Section Three: The Singular Directive of Shari‟ah to Both

Men and Women, and the Differentiation in
Their Roles
Section Four: Marriage and the Family System
Section Five: The Objectives of the Family

Section One
The Divine Mission of Man
This Section discusses the primary goal for which man was
created. It also deals with the ways in which Allah has prepared
and enabled man to achieve this goal. This subject is covered in
two articles:
Article (1)
Worshipping Allah and Spreading Civilization on Earth
Allah honored man and distinguished him above many of
His other creations. He chose man to be His caliph on Earth, to
spread civilization therein by working to provide for his
physical and spiritual needs; building a human society
governed by the ideal values of truth, beneficence, and justice;
and achieving the significance of worshipping Allah and having
faith in Him Alone, and setting Him apart from His creation to
be obeyed and worshipped according to the manner of His
prophets and messengers.

This Article clarifies some of the general principles and
values that govern man‟s mission on Earth. It begins by clarifying
the details that distinguish man over all other creations, as Allah the
Exalted says:
ِ ‫َوْتنْلَْددآف ي َِبَ ل ِد د ِدَْو لْ َِد د َِْورَزْندَد‬
َ ِ ‫ يََد د َ َ ل نَِّ ِ ددآ‬
ّ ‫دآف‬ُ َ َْ َّ ْ ُ ََ ‫ ََولَ َق د ْكَََّ نََْْ ددآَََد د ِ َ َد َم‬
)57 :‫ (اإلرساء‬ ‫ل‬ ِ ‫آف يَ َع َنْلىَََّثِ ٍري َِّّمن ْ َ َخ َنْل ْقَآََتد ْف‬
ًَ ‫ض‬ ْ ُ َْ‫ضنْل‬
‫وَف ن‬
And We have certainly honored the children of
Adam and carried them on the land and sea and
provided for them of the good things and preferred
them over much of what We have created, with
[definite] preference. (17: 70)
The Islamic Charter on Family Explanatory Note
Then He clarified the objective behind man‟s creation; so that man

would strive to spread civilization on Earth, thereby allowing him
to fulfill his spiritual and physical needs, as Allah the Exalted says:
)42 8‫(هىد‬‫سَتد ْع َم ََُّْ ْ يَفِ َهآ‬
ْ ‫ضَو‬
ِ َ ‫ فوَأَن‬
ِ ‫ يََ َ َ ألَ ْر‬
ّ َُّ َ‫شأ‬ َُ
 … It is He Who hath produced you from the earth
and settled you therein… (11: 61)
Likewise, He says:
َِ ‫سَإِالنَلَِد ْع ُِ ُك‬
)34 8‫(انذارياث‬‫ون‬ ِ َ ‫تَ َْلِ ن‬
َ ْ‫َو إلن‬ ُ ‫ َوََآَ َخنْلَ ْق‬
And I did not create the Jinn and mankind except
to worship Me.  (51: 56)
Also, He says:
َ ِ ‫دآَوَُّنْلُدو ََِد ْ َ ِر ْزنِد‬ ِِ
َ ‫ضَذَلُدوالًََفَ ْآَشُدو َِب ََََآَّ ِ َه‬
ِ
َ ‫ ُف َدوَ لندييَ َج َع َدََلَ ُُ ُد يَ ألَ ْر‬
)23 8‫ (انًهك‬‫ور‬ ُ ُّ‫َوإِلَ ْ ِ َ ل‬
َُ ‫ش‬
It is He who made the earth tame for you so walk
among its slopes and eat of His provision and to
Him is the resurrection.  (67: 15)
And He says:
ِ ِ
َ‫ند ُ َ َع َمدلًََ َو ُفد َوَ ل َْع ِزيد ُدز‬
َ ‫َس‬ َ َ ‫ لندييَ َخنْلَد َاَ ل َْمد ْدو‬
ْ ‫َو ْاََدآ ََلَد ْ ِدنْلُد َوَُّ ْ يَأَيُّ ُُد ْد يَأ‬
)17 8‫(انًهك‬‫ور‬ َُ ‫لْ َغ ُف‬
 [He] who created death and life to test you [as to]
which of you is best in deed and He is the Exalted in
Might, the Most Forgiving (67: 2)
Man was also created to build a human society, as Allah the
Exalted says:
ََ‫دىَوج َعنْلَْددآ َُّ ْ يَ ُد ُدعوًََوَندَ ِآِدِ َد‬ ِ
َ ‫ يََد َذَ ََّد ٍَْوأُنثَد‬ ّ َُّ ‫َإََ َخنْلَ ْقَددآ‬
‫دآس ن‬
ُ ‫َ ََيَأَيدُّ َهددآَ لند‬
ِ
َ ِِ ‫َِ َعنْلد ٌ يَ َخ‬ ِ ِ ِ
8‫ (انحجرزاث‬ٌ‫دري‬ َ‫آرفُو َإ ننَأَ َّْ َدََْ ُُ ْ يَع د َكَ نَِأَ ْتد َقدآ َُّ ْ يَإ ننَ ن‬
َ ‫لَتد َع‬
)21
O mankind, indeed We have created you from
male and female and made you peoples and tribes
that you may know one another. Indeed, the most
noble of you in the sight of Allah is the most
righteous of you. Indeed, Allah is All-Knowing and
All-Aware.  (49: 13)

This society is ruled by the highest virtues; including truth,
beneficence, and justice. With regard to the virtue of truth, Allah
the Exalted says:
َ‫دآسَ ِ ْاَد ِّاَوال‬ ِ ‫داَ لند‬
َ ْ ‫دآس ُُ يَََد‬
ْ ‫ضَفَد‬ ِ ‫دآكَ َخنْلِ َفد ًي َِبَ ألَ ْر‬
َ ‫َج َعنْلَْد‬
َ َ‫َإ‬
‫ ََيَ َد ُوو ُد ن‬
ِ‫ضدنْلُّو َنَ َعد َسد ِِ ََِ ن‬
َ‫َِ َهلُ ْد ي‬ ِ ‫َِإ ننَ لَ َِديي َي‬ِ‫كَ َعد َسد ِِ ََِ ن‬ َ ‫ضنْلن‬ ِ ‫َتدتن ِِ ِع َ هلَوىَ َفد‬
َ َ َ َ ُ َ
)14 8‫ (ص‬‫آب‬ َِ ‫ن‬ ِ‫بَ َ ِكي ٌك َِِبَآَنَنو َيد ْوَمَ ْا‬ ٌ ‫َع َي‬
َ َ ُ
 [We said]: O David, indeed We have made you a
successor upon the earth, so judge between the
people in truth and do not follow [your own] desire,
as it will lead you astray from the way of Allah.
Indeed, those who go astray from the way of Allah
will have a severe punishment for having forgotten
the Day of Account .  (38:26)
He also says:
َِّ َ‫َس نَْمَ نَُِإالََّ ِ ْا‬
)11 8:‫(األرسزا‬‫ا‬ َ ‫ والََتد ْقتُدنْلُو َ لند ْفسَ لَ ِِت‬
َ
And do not kill anyone which Allah has forbidden
[to be killed], except for a just cause… (17: 33)
Likewise, He says:
ِْ َ‫ضََِغ‬
َ‫دريَ اَد ِّا‬ ِ ‫دآسَويَد ْ ِدغُدو َن َِبَ ألَ ْر‬ ِ ِ ِ ‫ إ نَّنَدآَ ل ن‬
َ ‫ند ِ ََُ َعنْلَدىَ لَديي َ َيَمْنْل ُمدو َنَ لن‬
)21 8‫ ( انشىري‬‫بَأَلِ ٌَ ي‬ َ ِ‫أ ُْوَلئ‬
ٌ ‫كَ َهلُ ْ يَ َع َي‬
The way (of blame) is only against those who
oppress men and wrongly rebel in the earth, for
such there will be a painful torment.  (42: 42)
The Prophet (may blessings and peace be upon him) said, “Speak
the truth, even if it is bitter.”1 He also said, “There is no charity
more beloved to Allah than to speak the truth.”2
In reference to the virtue of beneficence, Allah the Exalted
says:
1
A Hasan hadith, reported by Ahmad; Abd ibn Hameed in his exegesis of the Qur‟an;
and At-Tabarani in his large collection of hadith.
2
A Hasan hadith, reported by Ibn Hibbaan and Al-Bayhaqi.
َْ‫َو فد َْعنْلُددو َ َْ د َد‬ ِ

َ ‫َرَن ُُد ْد ي‬
َ ‫َو ْع ُِد ُكو‬
َ ‫دُ ُكو‬
ُ ‫َو ْسد‬
َ ‫ ََيَأَيُّد َهددآَ َلدديي َ َ ََ ُددو َ ْرََّ ُعددو‬
)55 8‫ ( انحج‬‫ن‬ َ ‫لَ َعنْلن ُُ ْ يَتدُ ْفنْلِ َُو‬
O you who believe! Bow down, and prostrate
yourselves, and worship your Lord and do good that
you may be successful.  (22: 77)
He also says:
َ ‫ ولَْت ُُ ََِّ ُُ ْ يَأُنَيٌَيَ ْك ُعو َن‬
َِْ َ َ‫َإَل‬
)272 8ٌ‫ (آل عًزا‬‫ري‬
And let there be [arising] from you a nation
inviting to [all that is] good, enjoining what is
right...  (3: 104)
Likewise, He says:
)51 8:‫ (األَبيا‬َِ َْ ‫َ وأ َْو َس ْدَآَإلَ ْ ِه ْ يَفِ ْع َََ َْد‬
… and We inspired them to do good deeds… (21:
73)
With regard to the virtue of justice, Allah the Exalted says:
ِ ‫داَ لند‬ ِ َ ِ َ‫دآ‬
َ‫دآس‬ َ ْ ‫َس َُ ْمدتُ يَََد‬
َ َ‫َإَلَأَ ْفنْل َهدآَوإذ‬ َ ََ َ‫ََي َُ ُدَُّْ ْ يَأَنَتدُ َدددُّو َ أل‬
َْ َِ‫ إ ننَ ن‬
ِ ِ ِ ِ ِ ‫َنََت ُُمدو َ ِ لْعد ْك ِلَإ ننَ ن‬
 ‫دري‬ َ‫َِنِع نمدآَيَعمُ ُُد يََِد َإ ننَ ن‬
ًَ ‫َََِّددآ َنَ َ ًعدآَََص‬ َ َ ُ َْ ‫أ‬
)36 8:‫(انُسا‬
Indeed, Allah commands you to render trusts to
whom they are due and when you judge between
people to judge with justice. Excellent is that which
Allah instructs you. Indeed, Allah is All-Hearing
and All-Seeing.  (4: 58)
He also says:
َ ِ‫شآ‬ ِ ِ‫آنَوإيتآ‬
َ َْ ‫َذيَ ل ُق َْْ ىَويَد ْد َهىَ َع ِ َ ل َف‬ َ ِ‫ن‬ ْ ‫ََي َُ َُْ ِ ل َْع ْك ِلَو‬
َ ‫إلس‬ ََ‫ إ ننَ ن‬
َْ ِ
)77 8‫ ( انُحم‬‫ن‬ َ ‫ْم َُ َِْو لَْ ِدغْ ِيَيَِعمُ ُُ ْ يَلَ َعنْلن ُُ ْ يََت َينَّ ُْو‬
ُ‫ول‬
Indeed, Allah orders justice and good conduct and
giving to relatives and forbids immorality and bad
conduct and oppression. He admonishes you that
perhaps you might be reminded.  (16: 90)
Allah the Exalted also says:
َ‫ََ د ََِْن ُُ ْ ي‬
ْ َ ‫َوال‬ ِ ‫ََِ ُدده َك َ ِ ل ِْق‬
ِ ِ َِ ‫ َيَأَيُّدهددآَ لند ِديي َ ََ ُددو َ َُّونُددو َ َن د ندو‬
َ ‫ند‬ْ َ َ َ‫ا ن‬ َ َ َ َ َ
ِ ْْ‫َ ََآ ُنَ َندوٍمَ َع َنْلىَأَ َّالََتد ْع ِكلُو َ ْع ِكلُو َفوَأَند‬

َ‫َِإِ ننَ ن‬
َِ َ‫ىَو نتد ُقو َ ن‬
َ ‫بَلنْلنتد ْق َو‬
ُ َ َُ ْ
)6 8‫ (انًائدة‬‫ن‬ َ ‫َخ ِِريٌ َِِبَآََتد ْع َمنْلُو‬
O you who believe! Stand out firmly for Allah and
be just witnesses and let not the enmity and hatred
of others make you avoid justice. Be just: that is
nearer to piety, and fear Allah. Verily, Allah is
Well-Acquainted with what you do.  (5: 8)
Man was also created to achieve the implications of
worshipping Allah and having faith in Him Alone; distinguishing
Him from His creation in His sole right to be obeyed and
worshipped as did His prophets and messengers, as Allah the
Exalted says:
َِ ‫إلنسَإالَلَِد ْع ُِ ُك‬
)34 8‫ (انذارياث‬‫ون‬ ِ ُ ‫ وَآَ َخنْلَ ْق‬
َ ‫تَ ل ن َو‬ َ
And I did not create the jinn and mankind except
to worship Me.  (51: 56)
He also says:
َ ‫شد َُِّْو‬
‫ن‬ ْ ُ‫َسد ْ ِ ََآنَ َُ َع نمدآَي‬ ِ ِ ِ 
ُ ‫َإالَف َو‬
ُ َ َ‫وَآَأَُ ُْو َإالَلَد ْع ُِ ُكو َإ َهلًآَو س ًَك َالَإل‬
َ
)12 8‫( انتىبت‬
… And they were not commanded except to
worship one God; there is no deity except Him.
Exalted is He above whatever they associate with
Him.  (9: 31)
‫َسَد َفددآ ََويُِق ُمددو َ ل ن‬
ََ ‫صددل‬ ِ
ُ َ ‫داَلَد َُ ل د ّكي‬
ِ ِ‫َنيْنْل‬
َ ‫صد‬ ُِ ِ ِ 
َ‫وَددآَأَُد ُدْو َإالَلَد ْع ُِد ُكو َ ن‬
َ
ِ ِ
)3 8‫ (انبيُت‬‫كَدي ُ َ ل َقّ َم َي‬ ِ ِ ‫ن‬
َ ‫ويدُ ْدتُو َ لزََّآ ََوذَل‬
And they were not commanded except to worship
Allah, [being] sincere to Him in religion, inclining
to truth, and to establish prayer and to give zakaah.
And that is the correct religion.  (98: 5)
He also says:
ََََ ‫دوسيَإِلَ ْد د ِ َأَ ند َُالََإِلَد د ََإِالَأ‬
ِ ُ‫دولَإِالَند‬
ٍ ‫َر ُس د‬ ِ َ ‫وَددآَأَرسد دنْلَْآََِ د َ َند ِنْلِ د‬
َ ْ ‫دكََ د‬ ْ ْ َ ْ ََ
)13 8:‫ ) االَبيا‬‫ون‬ َِ ‫فَآ ْعَ ُِ ُك‬
And We sent not before you any messenger except
that We revealed to him that, There is no deity

except Me, so worship Me.  (21: 25)
***
Article (2)
Providing Man With the Necessary Qualities to Undertake This
Mission
In order to accomplish his mission on Earth, Allah
granted man the necessary intellectual, psychological, and
physical abilities to make him qualified to fulfill this mission.
Likewise, He sent messengers to lead man to the straightest
path of guidance and success, in this life and in the Hereafter.

This Article clarifies the abilities and talents that Allah has
bestowed upon man to enable him to achieve his mission on Earth.
Allah the Glorious and Exalted granted him mental faculties, as
Allah the Exalted says:
َ‫ن ْم َع‬
‫آَو َج َع َََلَ ُُ ُ يَ ل ن‬ ِ ِ ِ
َ ً‫ َو نَُِأَ ْخ َْ َج ُُ ْ يََ ْ َََُ ُونَأُنَ َهآت ُُ ْ يَالََتد ْعنْلَ ُمو َنَ َ ْدئ‬
)56 8‫ (انُحم‬‫ن‬ َ ‫ش ُُ ُْو‬ ْ ‫َو ألَفْئِ َك ََلَ َعنْلن ُُ ْ يََت‬
َ ‫آر‬
َ‫ص‬َ ََْ‫َو أل‬
And Allah has extracted you from the wombs of
your mothers not knowing a thing, and He made for
you hearing and vision and intellect that perhaps
you would be grateful. (16: 78)
Likewise, Allah the Exalted gave man psychological and physical
abilities. He says about these:
ِ
َ َ ‫ند د‬
َ ‫َس‬ َ ً ‫ن د َدمآ ََََِددآ‬
ْ ‫َو َ د ندوَرَُّ ْ يَ َفأ‬ ‫َو ل ن‬َ ‫ضَ َند د َدْ ًر‬ َ ‫ نَُِ لنددي‬
َ ‫يَج َع د َدَََل ُُد ُد يَ ألَ ْر‬
ََ ‫بَ ل َْعآلَ ِم‬ ِ ِ ِ
‫ا‬ ُّ ‫َر‬َ ُِ‫آر َكَ ن‬ َ ُِ‫َوَرَزنَ ُُ ْ يََ َ َ ل نَِّ ِآ َذَل ُُ ُ يَ ن‬
َ ِ َ‫َرَُّ ُُ ْ يَ َفدَتد‬ َ ‫ُ ََوَرَُّ ْ ي‬
)42 8‫(غافز‬
Allah, it is He Who has made for you the earth as
a dwelling place and the sky as a canopy, and has
given you shape and made your shapes good
(looking) and has provided you with good things.
That is Allah, your Lord, then blessed be Allah, the
Lord of all creation. (40: 64)
Likewise, He says:
ِ
َ ‫َ لنييَ َخ َنْل َاَ َف‬
)1 8‫ (األعهي‬‫ن نوى‬
[He] Who has created [everything], and then
proportioned it (87: 2)
Allah also says:
ٍَ ‫ن ِ ََتد ْق ِو‬
)2 8ٍ‫ (انتي‬‫ي‬ ْ ‫نآ َن َِبَأ‬
َ ‫َس‬ َ ْ‫َل َق ْكَ َخ َنْل ْقَآَ ِإلن‬
We have certainly created man in the best of
stature (95: 4)
This Article also clarifies the blessing that Allah bestowed
upon mankind by sending messengers to lead them to the
straightest path of sound guidance and success, in this life and in
the Hereafter. Allah the Exalted says:
ََ ‫َو ْجَتِ ُِ ددو َ ل ن ددآ ُو‬ ِ ‫دآَبَ َُّ د ِدََأُنَ د ٍديَرس ددو ًالَأ‬
َِ َ‫َنَ ُ ْع ُِد د ُكو َ ن‬ َُ ّ ِ ‫ َوَل َقد د ْكَََد َع ْثدَ د‬
)14 8‫(انُحم‬
And We certainly sent into every nation a
messenger, [saying], “Worship Allah and avoid
false gods.”… (16: 36)
He also says:
َِ ‫وف ْ يَ ِ لَْ ِدَِّد ددآ‬ ِ َ ‫آََد د ْ َ َند ْ ِنْلِد د‬
ِ َْ‫َولَ َقد د ْكَأَرسد دنْل‬
ُ ُ ‫َر ُسد دلًََإِ ََلَ َند د ْدوَ ِه ْ يَفَ َُد ددآ‬
ُ ‫دك‬ َْ َ
)258‫(انزوو‬
And We have already sent messengers before you
to their peoples, and they came to them with clear
proofs…)30:47)
Likewise, He says:
َِّ َ‫ىَو ِدي ِ َ ْا‬
)16 8‫ (انفتح‬‫ا‬ َ ‫َر ُسوَل َُ ِ ْهلَُك‬
ِ
َ ََ ‫َ ُف َوَ لنييَأ َْر َس‬
It is He who sent His Messenger with guidance
and the religion of truth… (48: 28)
***
Section Two
Man‟s Divinely Inspired Nature and the Universal
Norms
This Section discusses some of the universal norms related

to the creation of man and man‟s relationship with other humans.
Allah instilled these norms within His creation to govern their way
of life. This Section includes three Articles, and each Article
clarifies one of these norms.
Article (3)
Possession of Mental Faculties and the Will to Change
Allah created man with the innate tendency to believe in
Him. At the same time, He granted man the intellect and will
that allow him to stray from his fitrah (divinely inspired
nature), or to develop his abilities according to his knowledge,
spiritual gifts, and social conditions. It is the existence of this
intellect and this will that is the precondition for the reward or
punishment that man will be dealt in the Hereafter.

This Article addresses one of the norms in Allah's creation:
Possession of mental faculties and the will to change. The Article
clarifies that faith has been instilled within man‟s being, within the
depths of his sentiment, and in the essence of his creation.
Likewise, it also clarifies that Allah granted man intellect and will
by which he is able to change his beliefs; either deviating from
them or furthering them. This is based on the noble verse of the
Qur‟an:
ِ ِ ِ ِ ِ ‫دكَلِنْلد ِّكي‬ ِ
ََ‫ي‬ َ ‫َس ًفدآَف ْ َدََْ نَِ لن ِدِتَفَ َ َدَْ لن‬
َ ‫دآسَ َعنْلَ ْد َهدآَالََتد ْ ِدك‬ َ َ ‫َو ْج َه‬
َ ‫ فَدأَن ْ ي‬
)17 8‫ (انزوو‬‫ن‬ ِ ‫َولَ ُِ نَأَ ََّْثد َْ َ ل‬
َ ‫نآسَالَيَد ْعنْلَ ُمو‬ ِ َ ِ‫َِذَل‬
َ ‫كَ ل ّكي َُ لْ َقِّ ُ ي‬
ِ‫َِنْل ِْاَ ن‬
So direct your face toward the religion, inclining
to truth. [Adhere to] the fitrah of Allah upon which
He has created [all] people. No change should there
be in the creation of Allah. That is the correct

religion, but most of the people do not know. (30:
30)
Similarly the Messenger of Allah (may blessings and peace be upon
him) said, “ Each child is born in a state of “fitrah”, then his
parents make him a Jew, a Christian or a Zoroastrian.”1
This mental faculty and will is in fact a condition for the
punishment or reward in the Hereafter. Allah the Exalted says:
ِ ِِ ِ ِ ِ ََ‫َنَ ْك َجآ َُّ ي‬
َ‫آَوََآ‬
َ ‫َوََ ْ َ َعم َيَ َفد َعنْلَ ْد َه‬ َ ََْ‫َرَِّ ُُ ْ يَفَ َم ْ َأ‬
َ ‫ص ََْفَنْلَد ْفن‬ َ ْ َََُْ ِ‫صآ‬
ََْ َ َ
)272 8 ‫ (األَعاو‬‫ظ‬ ٍَ ‫َِب ِف‬
َ ِ ‫أ ََََ َع َنْل ْ ُُ ْ ي‬
There has come to you enlightenment from your
Lord. So whoever will see does so for [the benefit of]
his soul, and whoever is blind [does harm] against
it. And [say], “I am not a guardian over you.” 
(6:104 )
He also says:
ِ ِ
َ ْ َ‫َرَِّ ُُ ْد يَ َف َمد ْ َ َددآ ََ َفدنْلْ ُد ْدد‬
8 ‫ (انكهرر‬ْ‫َوََ د ْ َ َ ددآ ََ َفدنْلَْ ُْ ُف َْد‬ َ ْ ‫َ َونُ ِدََ ْاَدداََُّد‬
)17
And say, “The truth is from your Lord, so whoever
wills let him believe; and whoever wills let him
disbelieve”...  (18: 29)
Likewise, He says:
ِ
ً ُ‫َوإِ نَآَََّف‬
)1 8ٌ‫ ( األَسا‬ ‫ور‬ َ ًْ َّ‫ن ِِ َََإِ نَآَ َ آ‬
‫َإِ نَ ََف َكيْدَآهَُ ل ن‬
Indeed, We guided him to the way, whether he be
grateful or ungrateful.  (76: 3)
َِ ‫ضَ َُّنْلُّ ُه ي‬
ََ‫َس ن‬ َ ‫تَتُ ُْ ِْهَُ ل‬
َ ‫نآس‬ َ ْ‫َّت ًعآَأَفَأَن‬ ْ ِ ‫كَآل َََ َ َََ ْ َِبَ ألَ ْر‬
َ َُّ‫َ َولَ ْو َ َ آََََ َر‬
)77 8‫ (يىَس‬‫ا‬ ََ َِِ‫ََ ْد‬ ُ ‫يَ ُُونُو‬
And had your Lord willed, those on earth would
have believed all of them entirely. Then, [O
Muhammad], would you compel the people in order
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, and Muslim.
that they become believers?  (10: 99)

The basis for this is also found in the hadith of the
Messenger of Allah (may blessings and peace be upon him), “The
pen has been lifted from three [i.e. their deeds are not
recorded]; from one who is sleeping until he awakens, from the
child until he reaches maturity, and from the insane until he
becomes sane.”1
***
Article (4)
The Equality in the Origin of Creation and the Variation in
Allah created all of mankind equal in the origin of their
creation from one soul. Thus it follows, that they are equal in
their general characteristics. Despite this, Allah‟s wisdom
dictated that they should differ in some of their individual
characteristics such as strength and weakness, talents, and
psychological, mental, and physical abilities.
This human variation in some special characteristics is
the foundation of life, as it causes individuals and societies to
get to know, cooperate, and complete each other; as opposed to
being an invitation to animosity and hatred.

In the context of clarifying the norms that Allah has instilled
in His creation, this Article clarifies that Allah created all of
mankind to be equal in the source of their creation from one soul,
and thus it follows that they are equal in their general
characteristics. Allah the Exalted says:
َ‫دسَو ِسد َك ٍَو َخنْلَد َا ََِ ْد َهدآ‬ ِ
ٍ ‫د يََد َ دن ْف‬ ِ
َ ‫دآسَ نتدقُدو‬
ّ ُُ ‫َرَن ُُ ُد يَ لَدييَ َخنْلَ َق‬ ُ ‫َ ََيَأَيدُّ َهدآَ لن‬
ِ َ ِ‫ث ََِ ْد ُهمآَ ِرجآالًَََّث‬
)2 8:‫ (انُسا‬ًَ ‫نآ‬ َ ‫ري َون‬
ً َ َ ‫َز ْو َج َهآَوََ ن‬
O mankind, fear your Lord, who created you from
1
Saheeh hadith; reported by Ahmad, Abu Dawood, An-Nasaa‟i, Ibn Maajah, Ibn
Hibbaan, and Al-Hakim.
one soul and created from it its mate and dispersed

from both of them many men and women… (4: 1)
He also says:
َ ‫ش ٌََْت َت ِش ُْو‬
)17 8‫ (انزوو‬‫ن‬ ِ
ٍ ْ‫ يََ َتُد‬
َ َََ‫بَ ُُثنَإ َذ َأَنتُ ي‬ ِِ ِ
َ ّ ُُ ‫َ َوَ ْ َ ََيت َأَ ْنَ َخ َنْل َق‬
And of His signs is that He created you from dust;
then, suddenly you were human beings dispersing
[throughout the earth].  (30: 20)
Likewise, the Messenger of Allah (may blessings and peace be
upon him) said, “All of mankind are the sons of Adam, and
Adam was created from dust.”1
Allah‟s wisdom dictated that they should differ in some of
their individual characteristics such as strength and weakness,
talents, and psychological, mental, and physical abilities and this is
a social phenomenon that is witnessed and felt, and does not require
any further evidence. Allah the Exalted says:
َ ْ ‫نَج َع َدَ ََِد‬ ٍ َ َ‫ََّ ُُثنَج َعدَ ََِد ْ ََد ْع ِدك‬
َ ‫ْد ْعََّندُ ندو ًَ ُُث‬ َ َ َ
ٍ ‫ْد ْع‬
َ َ ‫د يََد‬ ِ ِ
ّ ُُ ‫َهللاَ لَدييَ َخنْلَ َق‬
)32 8‫ (انزوو‬ْ‫ي‬ َُ ‫َو ُف َوَ َلعنْلِ ُ يَ ل َق ِك‬
َ ُ ‫شآ‬
َ َ‫آَو َ ْدَ ِ ًي َََيْنْلُ ُا َََآَي‬ َ ٍَ ‫ََد ْع ِكَنُد نو‬
َ ‫ْ ْع ًف‬
Allah is the one who created you from [a state of]
weakness, then made after weakness strength, then
made after strength weakness and white hair. He
creates what He wills, and He is the All-Knowing,
the All-Competent.  (30: 54)
He also says:
ِ ِ
ُ ‫ن َِد يَو نَُِيدُ ْددِي‬
َُ ‫ََنْلْ َُد‬ ْ ‫ن َ ًي َِبَ لعنْلْ ِد يَو ْل‬ َ‫َ إ نن َ ن‬
ْ َََُ‫َِ ْ َ َفآهَُ َع َنْل ْ ُُ ْ يَوَز َده‬
)125 8‫(انبمزة‬ُ َُ ‫شآ َُو نَُِو ِس ٌعَ َعنْلِ ٌ ي‬ َ َ‫ََ َي‬
…Indeed, Allah has chosen him over you and has
increased him abundantly in knowledge and stature.
And Allah gives His sovereignty to whom He wills.
And Allah is all-Encompassing [in favor] and All-
Knowing. (2: 247)
1
Hasan hadith; reported by Abu Dawood and At-Tirmidhi. At-Tirmidhi stated that it is
a Hasan hadith.
Likewise, He says:
‫ن‬َ ‫ََِل َعنْلن ُُد د د ْد يَتُد ْفنْلِ َُ د د ددو‬
ِ‫َوَز َد َُّد د دد ي َِبَ َنْلْد د د ِدا َََن د د د َ ًيَ َفد د ددآذْ َُّْو َ ال َ ن‬
َ ُ َْ ْ
)47 8‫(األعزاف‬
…And remember when He made you successors
after the people of Noah and increased you in
stature extensively. So remember the favors of Allah
that you might succeed. (7:69)
This human variation in some special characteristics is the
foundation of life as it causes individuals and societies to get to
know, cooperate, and complete each other rather than being an
invitation to animosity and hatred. Allah the Exalted says
ََ‫دىَوج َعنْلَْددآ َُّ ْ يَ ُد ُدعوًََوَندَ ِآِِد َد‬ ِ
َ ‫ يََ د َذَ ََّ د ٍَْوأُنَثد‬ ّ َُّ ‫َإََ َخنْلَ ْقَددآ‬
‫دآس ن‬
ُ ‫َ ََيَأَيدُّ َهددآَ لند‬
8‫ (انحجرررزاث‬ٌ‫دري‬ َ ‫َِ َعنْلِ د ٌ يَ َخ ِِد‬ ِ ِ
َ‫دآرفُو َإ ننَأَ َّْد َدََْ ُُ ْ يَع د َكَ نَِأَ ْتد َقددآ َُّ ْ يَإ ننَ ن‬
ِ
َ ‫لَتد َعد‬
)21
righteous of you. Indeed, Allah is All-Knowing and
All-Aware.  (49: 13)
He also says:
َ ‫إلُثَو ل ُْعد ْك َو ِنَو نتد ُقددو‬
ِْ َ‫دآونُو َ َعنْلَددى‬ ِّ ِ ‫دآونُو َ َعنْلَددىَ لد‬
َ ‫داَو لنتد ْقد َدوىَوالََتد َعد‬ َ ‫ وَتد َعد‬
)1 8‫ (انًائدة‬ِ
ََ‫ن‬
…And cooperate in righteousness and piety, but do
not cooperate in sin and aggression. And fear
Allah… (5: 2)
He also says:
َ‫ْف َ َ ِر ُ ُُ د د د د ْد يَو ْ د د د د ِداُو َإ ننَ ن‬
َ‫ِ َََ د د د د َدع‬ َ ‫شد د د د دنْلُو َوتَ د د د دي‬
َ ‫ والََتدَد د د ددآ َز ُعو َ َفدَتد ْف‬
)24 8‫(األَفال‬ََ ‫صآَِ ِْي‬ ‫لن‬
… and do not dispute and [thus] lose courage and
[then] your strength would depart; and be patient.
Indeed, Allah is with the patient.  (8: 46)
Article (5)
Integration of the Spouses; The Male and the Female
Despite the common origin of humanity's creation from
one soul, Allah, with His Infinite Ability, created a pair from
this soul; male and female. Only through contact, cooperation,
and completing each other, can life continue, the civilization be
spread, and the human race proliferate; this is the way that
Allah has decreed for all of creation and things in this life.
It is only by way of the connection between man and
woman that the family is formed, and the family is the first
nucleus of human society.

To conclude the clarification of the norms that Allah
instilled in his creation, this Article states that despite humanity's
common origin in having been created from one soul, Allah, with
His Unlimited Ability, created from that soul a couple; male and
female. Allah the Exalted says:
ٍ ِ ٍ ْ‫ يََ َتُد‬
ِ
)22 8‫ (فاطز‬‫جآ‬ َ ‫بَ ُُثنََ َنُّ ْ َف َيَ ُُث‬
ًَ ‫نَج َعنْلَ ُُ ْ يَأَ ْزَو‬ َ ّ ُُ ‫و نَُِ َخنْلَ َق‬
And Allah created you from dust, then from a
sperm-drop; then He made you mates… (35: 11)
He also says:
َُ ‫َفَ َُ َع ََ ََِ ْد‬َ‫ن نوى‬ ِ
َ َ‫َ ُنُثَََّآ َنَ َعنْلَ َقيًَفَ َخنْلَ َاَف‬َ‫كَنُ ْ َفيً ََّ َ نَ ٍِّ َ ُُيْ ََن‬
ُ َ‫َأَََلَْي‬
)17- 15 8‫ (انميايت‬‫اَ ل نيََّ ََْو ألُنَثى‬ ِ ْ ‫ل نز ْو َج‬
Was he not a Nutfah (mixed male and female
ejaculate) poured forth? * Then he became an
Alaqa (a clot); then [Allah] shaped and fashioned
[him] in due proportion. * And made him in two
sexes, male and female (75: 37-39)
He also says:
)6 8‫ (انُبأ‬‫جآ‬
ًَ ‫َو َخ َنْل ْقَآ َُّ ْ يَأَ ْزَو‬
And We created you in pairs (78: 6)
This Article goes on to state that continuity of life, spreading
civilization on Earth, and proliferation of the human race cannot

continue without contact between the male and female, such that
they get to know each other and complete each other. This is the
way that Allah has ordained for all living beings and things in this
life. Allah the Exalted says:
َ ‫ َوَِ ْ َ َُّ ََِّ َ ْيٍ َ َخ َنْل ْقَآَ َز ْو َج ْ ِاََل َعنْلن ُُ ْ يََت َينَّ ُْو‬
)27 8‫ (انذارياث‬‫ن‬
And of everything We have created pairs, that you
may remember [the Grace of Allah]. (51: 49)
It is only by way of this connection between man and
woman that the family is formed, and the family is the first nucleus
of human society. Allah the Exalted says:
ِ ِ ِ
َ ‫د يََد ْ َأَ ْزَو ِج ُُدد يَََِد‬
َ‫دا‬ ّ ‫آَوج َعد َدََلَ ُُد‬
َ ‫د يََد ْ َأَنفُند ُُ ْ يَأَ ْزَو ًج د‬
ّ ‫َج َعد َدََلَ ُُد‬
َ ُِ‫ و ن‬
ِ ِ ِ ِ ِ ِ ِ
ُ ِ‫ يََ َ َ ل نَِّ ِآ َأَ َف ِِآلَْ ِآط ََِيدُ ْدَ ُو َنَوََِ ْع َمتَ ن‬
‫َف ْ يَيَ ُْ ُف ُْو َن‬ ّ ُُ ‫َورَزَن‬
َ ً ‫وس َف َك‬
َ
)51 8‫( انُحم‬
And Allah has made for you from yourselves mates
and has made for you from your mates sons and
grandchildren and has provided for you from the
good things. Then in falsehood do they believe and
in the favor of Allah they disbelieve? (16: 72)
َ‫سَو ِس َك ٍَو َخ َنْلد َا ََِ ْد َهدآ‬ ِ
ٍ ‫ يََ َ دن ْف‬ ِ
َ ‫نآسَ نتد ُقو‬
ّ ُُ ‫َرَن ُُ ُ يَ َلييَ َخ َنْل َق‬ ُ ‫َ ََي َأَيُّد َهآَ ل‬
ِ َ ِ‫ث ََِ ْد ُهمآَ ِرجآالًَََّث‬
)2 8:‫ (انُسا‬ًَ ‫نآ‬ َ ‫ري َ َون‬
ً َ َ ‫َز ْو َج َهآَوََ ن‬
from both of them many men and women… (4: 1)
And He also says:
ِ ‫َوَ َأَنفُ ِن ِه ي‬
ِ ‫ت َ ألَر‬ ِ ِ
َ‫َوّمنآَال‬ ْ ْ ‫ض‬ ُ ْ ُ ِِ ْ ُ‫جَ َُّنْلن َهآَّمنآَتد‬
َ ‫ س ْ ِ ََآ َنَ لَييَ َخنْلَ َاَ ألَ ْزَو‬
)14 8ٍ‫ (يس‬‫ن‬ َ ‫يَد ْعنْلَ ُمو‬
Exalted is He who created all pairs from what the
earth grows and from themselves and from that
which they do not know. (36: 36)
Further clarification of these meanings is forthcoming in Articles
(17), (62), (63), (64), (69), (73), and (76).
Section Three
The Singular Directive of Shari‟ah for Both Men and
Women, and the Differentiation in Their Roles
This Section discusses the corollary of equality between men

and women in the natural innate disposition of creation, which is
equality in the Shari‟ah assignment of accountability in most
general affairs, and the singular directive of Shari‟ah that is
addressed to both men and women. On the other hand, the
dissimilarity in some distinguishing characteristics necessitates
differentiation in responsibilities, functions, duties, and legal
status. Affirmation of these distinguishing characteristics and
differences is imperative to the welfare of society. This subject is
discussed in four articles.
Article (6)
The Singularity of the Directive of Obligation and the Equality in
General Rights and Obligations
Equality between men and women in the origin of their
creation necessitates two points:
The first point is that there is complete equality between
men and women in most of the general issues of life and each
person is considered a completion of the other‟s person and
mission, and a partner to him in marital and societal life.
However, there are some specific characteristics that set each of
them apart in their physical and psychological makeup such
that each is distinguished by that which is specific to him.
The second point is that in accordance with this origin,
the Shari‟ah directive was issued to both men and women in a
single, unified form with regard to all of the other affairs in
which they are equal; such as the obligation that they have been
charged with to carry out Allah‟s orders and prohibitions, the
rulings regarding the permissible and prohibited, the principles
of reward and punishment, general human rights and
obligations, and human honor. Conversely, the directive was

addressed to each of them individually regarding the affairs
that are specific to each party.

In light of the previous points regarding men and women‟s
equality in the origin of their creation and the variation in their
distinguishing characteristics, this Article states that this equality
results in two issues:
The first: Total equality between men and women in most
general affairs of life. Allah the Exalted says:
َ ِ ‫ا َو لْ َقآنِتَآ‬ ِ ‫إ نن َ ملُننْلِ ِما َو لْمننْلِمآ ِ َو لْم ْدَِِا َو ل‬
َ ِ‫ْم ْدََآ ِ َو لْ َقآنِت‬ُ َ ُ َُْ َ ْ
ِ ِ
َ ‫ا َو َْآ َعآ‬ ِ ِ ِ ِ ِ
‫صآَ ِْي َ َو ل ن‬ ‫آدنَآ ِ َو ل ن‬ ِ‫ص‬ ِِ ‫ول ن‬
َ ‫صآَ َْ َو َْآ ع‬ ‫ا َو ل ن‬َ ‫صآدن‬
ِِ ‫ص ِّكنَآ ِ َو ل ن‬ ِ ِ ‫و لْمت‬
َ‫وج ُه ْ ي‬ َ ‫صآِِ َمآ ِ َو ْاَآفم‬
َ ُْ ُ‫ا َفد‬ ‫ا َو ل ن‬ َ ‫صآِِ ِم‬ َ َ‫ْمت‬ُ ‫ا َو ل‬
َ ‫ص ّكن‬
َ َُ
ًََْ‫َج‬ ‫أ‬‫و‬َ ْ ِ
‫ف‬ ‫غ‬َ َ ‫ ي‬ ‫هل‬
َ َ ِ‫ن‬ َ ‫ك‬
‫ن‬ ‫ع‬ ‫أ‬
َ َ ِ ْ ِ
َّ ‫ي‬‫ن‬ ‫ل‬ ‫و‬ َ ‫ري‬
َ ِ
‫ث‬ َّ
َ ِ
‫ن‬ َ ‫ي‬ِ
ْ ِ
َّ ‫ن‬
‫ي‬ ‫ل‬ ‫َو‬ ِ ‫آ‬‫و ْاَآفِ َم‬
ْ ًَ ْ ‫َ ُ ُ ن‬ َ ً َ َ َ
)13 8‫ (األحزاب‬‫َع ِم ًَمآ‬
Indeed, the Muslim men and Muslim women, the
believing men and believing women, the obedient
men and obedient women, the truthful men and
truthful women, the patient men and patient
women, the humble men and humble women, the
charitable men and charitable women, the fasting
men and fasting women, the men who guard their
private parts and the women who do so, and the
men who remember Allah often and the women who
do so for them Allah has prepared forgiveness and a
great reward. (33: 35)
ِ ْ‫ََيَْو َن َ ِ لْم ْع‬ ٍ ‫ض ُه ْ يَأ َْولَِآ َََُد ْع‬
ُ ‫ْم ْدََِآ ُ َََد ْع‬ ِ ‫و ل‬
َ‫وفَويَد ْد َه ْو َن‬ُ َ ُ ُ َْ ‫ض‬ ُ ‫ْم ْدَ ُو َن َو ل‬
ُ
)52 8‫ (انتىبت‬َِْ َُ ُ‫َع ِ َ مل‬
The believing men and believing women are allies
of one another. They enjoin what is right and forbid
what is wrong and establish prayer and give zakaah
and obey Allah and His Messenger. Those Allah
will have mercy upon them. Indeed, Allah is

Exalted in Might and Wise. (9: 71)
The Messenger of Allah (may blessings and peace be upon
him) said, “Women are the sisters of men.” This indicates that
women are men's counterparts and equals. In fact, as Eve was
created from Adam (peace be upon him), it is as if woman are
actually a piece taken from man.
The Article goes on to state that Shari‟ah considers both men
and women to be a completion of the other in his person and
mission, and a partner to him in marital and societal life Allah the
Exalted says:
ِ ِ ِ
َ َََِ ‫َوج َع ََ َلَ ُُ ي ََّ ْ َأَ ْزَو ِج ُُ ي‬
َ‫ا‬ َ ‫َج َع ََ َلَُُ ي ََّ ْ َأَنفُن ُُ ْ ي َأَ ْزَو ًَجآ‬
َ ُِ‫و ن‬
‫َف ْ يَيَ ُْ ُف ُْو َن‬ ِ ِ ِ ِ
ِ ‫وس َف َك ًَورَزَن ُُ يََ َ ل نِ ِآ ِ َأَ َف ِِآلْ ِآط ََِيد ْدَ ُو َنَوَِِ ْعم‬
ُ ِ‫تَ ن‬ َ ُ َ َّ َ ّ َ َ
)51 8‫(انُحم‬
He also says:
َََ ‫َو َج َع‬ ِ ِ ِ ِِ ِ
َ ‫ن ُُ ُو َإَل ْد َهآ‬
ْ ‫ َوَ ْ َ ََيت َأَ ْن َ َخ َنْل َا َلَ ُُ ي ََّ ْ َأَن ُفن ُُ ْ ي َأَ ْزَو ًجآ َّلَت‬
)12 8‫ (انزوو‬‫ن‬ َ ‫َآلَي ٍ َّلِ َق ْوٍمَيَدَتد َف نُ ُْو‬
َ ‫ك‬ َ ِ‫ْت ًيَإ نن َِبَ َذل‬
َْ ‫َوَر‬َ ً ‫ََد ْدَ ُُ يَ نَ َو ند‬
yourselves mates that you may find tranquility in
them; and He placed between you affection and
mercy. Indeed in that are signs for a people who
give thought. ) 30:21)
Similarly, Allah the Exalted also says:
‫ُ َ َإلَ ْد َهآ‬
ُ‫ن‬ ِ ِ ٍ ِ ٍ ‫ يََ َ دن ْف‬
ِ ِ
ْ َ‫َوج َع ََََ ْد َهآَ َز ْو َج َهآَل‬
َ ‫سَ َو س َك‬ ّ ُُ ‫ ُف َوَ لَييَ َخنْلَ َق‬
It is He who created you from one soul and created
from it its mate that he might dwell in security with
her… (7: 189)
Allah has made some specific characteristics that set each of

them apart in their physical and psychological makeup such that
each is distinguished by that which is specific to him. Allah says:
َ‫ص ٌ َِّّمنآ‬ِ َ‫آل َن‬ ِّ ِّ‫ض َل‬
ِ ‫نْلْ َج‬ َ ‫نَ َ نُِ ََِ ِ َََد ْع‬
ٍ ‫ض ُُ ْ ي َ َعنْلَى َََد ْع‬ َ ‫نو َََآ َفَض‬ْ ‫ وال ََتدَت َم د‬
ِ ِ ِ ِ ِ
َِ َ‫نآ َن‬ ِِ
ََ‫ِ َََّآن‬َ‫ضنْل َإ ننَ ن‬ْ َ‫ِ ََ َف‬ َ‫ْب َو ْسأَلُو َ ن‬ َ ‫ص ٌ َّّمنآَ ََّْت‬
َْ‫ن‬ َ ّ‫ن ُِو َولنْل‬ َ ‫ََّْت‬
ِ ٍ
)11 8:‫ (انُسا‬‫ُ ََِّ َ ْي َ َعنْل ًَمآ‬ ُ َِ
And do not wish for that by which Allah has made
some of you exceed others. For men is a share of
what they have earned, and for women is a share of
what they have earned. And ask Allah of his bounty.
Indeed Allah is ever, of all things, Knowing.
(4: 32)
He also says:
ِّ ِ‫َول‬
ِ ‫نْلْ َج‬
8‫ (انبمزة‬ٌ‫آل َ َع َنْل ْ ِه ن َ َد َر َجَي‬ ِ ِ ِ
َ ‫ َوَهلُن ََ ْث َُ َ لنيي َ َع َنْل ْ ِه ن َ ِ ل َْم ْع ُْوف‬
)116
…And due to the wives is similar to what is
expected of them, according to what is reasonable.
But the men have a degree over them [in
responsibility and authority]… (2:228)
ِ ‫ض‬
َ‫َوِبَآ‬ ٍ ‫ض ُه َْ ي َ َعنْلَى َََد ْع‬
َ ‫نَ َ نُِ َََد ْع‬ ِ ِ ِّ‫ لِْ َجآ ُل َ َند نو َُو َن َ َعنْلَى َ ل‬
َ ‫نآ َِبَآ َفَض‬
َ ّ
)12 8:‫ (انُسا‬‫ََ َو هلِِ َْ ي‬
‫أَن َف ُقو ََِ ْ َ ْأ‬
Men are in charge of women by [right of] what
Allah has given one over the other and what they
spend [for maintenance] from their wealth… (4:
34)
The distinguishing characteristics of each sex will be mentioned in
Article (7) of this chapter.
The second issue that results from the equality between men
and women in the origin of creation with the variation in their
distinguishing characteristics is the fact that the Shari‟ah directive
was issued to both men and women in a single, unified form with
regard to all of the other affairs in which they are equal; such as the
obligation that they have been charged with to carry out

Allah‟s orders and prohibitions, the rulings regarding the
permissible and prohibited, the principles of reward and
punishment, general human rights and obligations, and human
honor. Conversely, the directive was addressed to each of them
individually regarding affairs that are specific to each party. This is
indicated in the verses of the Qur‟an that were previously
mentioned just as it is also indicated by Allah‟s words:
َََ ِِ‫َوج َعنْلَْآ َُّ ْ ي َ ُعُوًَ َوَندَ ِآ‬ ِ
َ ‫نآس َإ نَ َ َخنْلَ ْقَآ َُّ ي ََّ َذَ ََّ ٍْ َوأُنثَى‬
ُ ‫ ََي َأَيدُّ َهآ َ ل‬
ِ
)21 8‫(انحجزاث‬‫ُ ْ يَع َكَ نَِأَ ْتد َقآ َُّ َْ ي‬ ِ ُ َََْ َّْ َ‫آرفُو َإ ننَأ‬ ِ
righteous of you… (49: 13)
The word Arabic word that is used in this verse means
“people” and its singular form means “person”. It refers to all of
the children of Adam and includes men and women, thus it can be
used with the masculine or feminine pronoun. This verse of the
Qur‟an states that neither of them deserves any preference over the
other except according to an external measure and standard that has
no relationship to their sex, which is piety. It is s neutral standard
which can be achieved by either of the sexes according to the
Words of Allah:
)17 8‫ (انبمزة‬‫ضَ َخنْلِ َف ًَي‬ ِ ‫َإّنَج‬
ِ ‫آع ٌَ َِبَ ألَ ْر‬ ِ ِ ِ َ َُّ‫آلَر‬
َ ّ ِ ‫كَلنْل َْملِ َُي‬ َ َ َ‫ َوإذَْن‬
And [mention, O Muhammad], when your Lord
said to the angels, “Indeed, I will make upon the
earth a successive authority”… (2: 30)
This refers to the human race that is made up of both men and
women.
Likewise, both men and women are described as being
competent for obligation. 1 This implies that they are fit to be held
1
For more information about this subject refer to Al-Mawsou‟ Al-Fiqhiyyah, Kuwait,
Ministry of Endowments and Islamic Affairs, vol. 2, p. 274.
accountable for the charge to abide by the orders and prohibitions

of Allah the Exalted.
َ‫ا َأَن َ َ ْ ِمنْلَْد َهآ‬ ِ ِ َِ‫ض َو ْل‬
َ ْ ‫آل َفَأَََد‬ ِ ‫ن َم َو ِ َو ألَ ْر‬ ‫َْآ َ ألَ ََآنَيَ َ َعنْلَى َ ل ن‬
َْ َْ ‫ نإَ َ َع‬
)51 8‫ (األحزاب‬‫آَج ُه َوال‬ ًَ ُ‫إلننآنَُإ ن َََُّآ َنَظَنْل‬
َ َ‫و‬ َ َ‫آَوْتنْلَ َهآ‬ ََ ‫وأَ ْ َف ْق َ ََِ ْد َه‬
Indeed, we offered the Trust to the heavens and
the earth and the mountains, and they declined to
bear it and feared it; but man [undertook to] bear it.
Indeed, he was unjust and ignorant. (33: 72)
In this context, “the Trust” 1 refers to the obligation and
acceptance of Allah‟s orders and prohibitions with their conditions.
If the person abides by them, he will be rewarded, and if he does
not, he will be punished. The condition for obligation here is to be
mukallaf2, and it is a condition that has nothing to do with one‟s
sex, for Allah‟s directive is addressed to males as well as females.
This meaning is confirmed by the Sunnah of the Messenger of
Allah (may blessings and peace be upon him) in the hadith narrated
by „A‟ishah (may Allah be pleased with her) that the Messenger of
Allah (may blessings and peace be upon him) said, “Women are
the sisters of men.” Scholars have said, “This hadith indicates that
if a directive is addressed in masculine wording, it is also addressed
to women, except in those specific issues where there is evidence to
prove that it is particular to one sex and not the other.” 3 Thus, the
basic rule is generalization except when there is specification. The
Messenger of Allah (may blessings and peace be upon him) said,
“There are three who are given two rewards: a man from the
People of the Book who believed in his prophet and believed in
Muhammad (may blessings and peace be upon him)…” The
scholars said, “The ruling pertaining to a woman of the People of
the Book is the same as the ruling pertaining to a man, as is the rule
in the majority of the Shari‟ah rulings, such that they are applicable
to women by association, except where there is evidence to specify
1
See: Isma‟eel bin Katheer, Tafs eer Al-Qur‟an Al-Azeem, vol. 3, pg. 530.
2
Mukallaf : Lit. to be charged (with the obligation to carry out the orders and
prohibitions of Shari„ah). To be held accountable, a person must meet the Islamic
requirements of being sane and having reached majority.
3
Abu Sulayman Al-Khattabi, Ma‟alim as-Sunnah vol. 2, pg. 311.
otherwise.1
The work of scholars of fiqh and Islamic fundamentals has
continued according to this principle from the time of the
Companions (may Allah be pleased with them) until our present
time as in the case of Umm Salamah (may Allah be pleased with
her) who heard the Messenger of Allah (may blessings and peace
be upon him) calling out “O People!” while she was having her
hair combed, so she said to the woman combing her hair, “Finish it
later.” The servant answered her, “He is calling the men, not the
women” to which Umm Salamah replied, “I am one of the
people.”2
Article (7)
The Differentiation in Special Responsibilities
The distinguishing differences between men and women
in their characteristics, talents, and specific physical and
psychological abilities do not grant one of them a higher status
than the other. Rather, this differentiation is based upon each
person‟s ability to perform specific, vital, life duties that the
other cannot perform, and it is the natural law that Allah has
instilled in mankind, even between men alone and women
alone.
Women, with their emotion, softness, and femininity, are
the source of stability and psychological and social tranquility
for men and for the family. With her natural instinct and
unlimited patience in bearing the hardships of pregnancy,
labor, and motherhood, she looks after their children and cares
for them by nursing them, raising them, and attending to all of
their other affairs. On the other hand, men with their strength,
continuous endurance and ability to perform hard work, are
responsible for making a living, providing for the needs of the
1
Ahmad ibn „Ali ibn Hajar Al-Asqalani, Fath Al-Baari Sharh Saheeh Al-Bukhari,
Beirut, Dar Al-Kutub Al-‟Ilmiyyah, Second Edition, 1997 CE/1418 AH, Kitab Al-‟Ilm
(The Chapter of Knowledge), Section: A man‟s teaching knowledge to his community
and people, vol. 1, pg. 255.
2
Saheeh hadith, reported by Muslim.
family, and looking after and protecting them.


This Article affirms a principle in the social relationships
between men and women: Despite the equality in most issues of
life, men and women are distinguished with different physical and
emotional characteristics, talents, and abilities. Allah the Exalted
says:
)11 8:‫ (انُسا‬‫ض‬ َ ‫نََ نََُِِ ِ َََد ْع‬
ٍَ ‫ض ُُ ْ يَ َعنْلَىَََد ْع‬ َ ‫نو َََآَفَض‬
ْ ‫ والََتدَت َم د‬
some of you exceed others...  (4:32)
This refers to the affairs of this life as well as religious affairs. It
was reported by Mujaahid that Umm Salamah said, “O Messenger
of Allah, the men go to battle, and we don‟t, and we only receive
half of the inheritance” so Allah revealed the verse:
)11 8:‫ (انُسا‬‫ض‬ َ ‫نََ نََُِِ ِ َََد ْع‬
ٍَ ‫ض ُُ ْ يَ َعنْلَىَََد ْع‬ َ ‫نو َََآَفَض‬
ْ ‫َ والََتدَت َم د‬
some of you exceed others...  (4:32)1
ِ ِ ِ ِّ‫ص َِّّمنآ َ َّْتن ِو َولِنْل‬ ِ ِ ‫نْلْج‬ ِ
ََِ‫ْب َو ْسأَلُو َ ن‬
َْ‫ن‬َ ‫نآ َنَص ٌ َّّمنآ َ ََّْت‬
َ َُ َ ٌ َ‫آل َن‬ َ ِّ ّ‫ َل‬
)11 8:‫(انُسا‬‫ُ ََِّ َ ْيٍ َ َعَنْلِ ًَمآ‬
ُ ََِ‫َََِّآ َن‬ ِ ِ ْ َ‫َِ َف‬
َ‫ضنْل َإ ننَ ن‬
For men is a share of what they have earned and
for women a share of what they have earned. And
ask Allah of His bounty. Indeed Allah is ever, over
al things, a Witness.  (4:32)
This indicates that each person is rewarded for his deeds
according to what he has done, if it good, then he will be rewarded
likewise, and if evil, then the like thereof. Allah the Exalted says:
ِ ‫ض‬
َ‫َوِبَآ‬ ٍ ‫ض ُه ْ ي َ َعنْلَى َََد ْع‬
َ ‫نَ َ نُِ َََد ْع‬ ِ ِ ِّ‫ ِلْ َجآ ُل َ َند نو َُو َن َ َعنْلَى َ ل‬
َ ‫نآ َِبَآ َفَض‬
َ ّ
)12 8:‫ (انُسا‬‫ََ َو هل َْ ي‬ِِ ِ
ْ ‫أَن َفقُو ََ ْ َأ‬
1
Hasan hadith, narrated by Ahmad in his Musnad, Al-Hakim in his Mustadrak , and Ibn
Jareer, Ibn Abi Hatim, and Ibn Mardawayh in their books of Qur‟anic exegesis.
spend [for maintenance] from their wealth... (4:
34)
This dissimilarity is also established and realized in the
tangible and social reality of life cannot be denied except by
someone who denies facts related to issues and the nature of things.
This distinction does not imply that one sex is better than the
other. Allah the Exalted says:
َ ِِ ‫َِ َعنْلِ ٌ يَ َخ‬
)21 8‫ (انحجزاث‬ٌ‫ري‬ ِ ِ
َ‫إ ننَأَ َّْ َََْ ُُ ْ يَع َكَ نَِأَ ْتد َقآ َُّ ْ يَإ ننَ ن‬
…Indeed, the most noble of you in the sight of
Allah is the most righteous of you. Indeed, Allah is
Knowing and Acquainted. (49: 13)
Likewise, the Messenger of Allah (may blessings and peace be
upon him) said in his farewell sermon, “O People, Verily your
Lord is One and your fathers are one. There is no preference
of Arab over a non-Arab, non-Arab over Arab, red over black,
or black over red, except by virtue of piety.” Then he said,
“Those who are present shall inform those who are absent.” 1
This distinction between men and women is limited to the
suitability of each to perform specific vital life functions that the
other is unable to perform. This is the way that Allah has created
for all of mankind, even between men and other men, or women
and other women. Allah the Exalted says:
‫ُ َ َإِلَ ْد َه آ‬ ِ ِ ٍ ِ ‫س‬ ِ ِ
ُ‫ن‬ْ َ‫َو َج َع ََََ ْد َهآَ َز ْو َج َهآَل‬
َ ‫َو س َك‬ ّ ُُ ‫ ُف َوَ لنييَ َخنْلَ َق‬
َ ٍ ‫ يََ َ دن ْف‬
her…(7: 189)
This verse of the Qur‟an affirms that man and woman are spouses
to each other and complete each other, thus, they are on the same
human level. However, each of them has a duty, separate from the
duty of the other, and the duty that each is assigned is one that suits
1
Saheeh hadith, reported by Ahmad, Al-Bayhaqi, and Ibn Mardawayh.
the characteristics of that person.

Thus, the woman with her compassion, and delicate and
feminine nature is a source of stability and tranquility for the man
and the family. Allah the Exalted says:
َ ‫ن ُُ ُو َإلَ ْد َهآ‬
ْ ‫ َوَ ْ َ ََيت َأَنْ َ َخنْلَ َا َلَ ُُ ي ََّ ْ َأَن ُفن ُُ ْ ي َأَ ْزَو ًجآ َلَّت‬
)12 8‫ (انزوو‬ًَ‫ْتي‬ َْ ‫َوَر‬
َ ً ‫ََد ْدَ ُُ يَ نَ َو ند‬
give thought. (30: 21)
He also says:
)265 8‫(انبمزة‬َ‫آسَ نهلُن‬ ِ ِ
ٌ ِ َ‫آسَلن ُُ ْ يَوأَنتُ ْ يَل‬
ٌ ِ َ‫ ُف ن َل‬
…They are clothing for you and you are clothing
for them… (2: 187)
Scholars of Qur‟anic Exegesis said, “This means that men and
women interact with, touch, and sleep with each other.”1 This
relationship is described as being like a garment as garments entail
beautification, covering, contact, and warmth.
Likewise, the woman's nature and unlimited patience
enables her to bear the difficulties of pregnancy, childbirth, and
motherhood and care for her children as she nurses them, raises
them, and looks after all of their other affairs. Allah the Exalted
says:
ِ ِ
َُ ُ‫وْتنْل‬
ْ َ َ ‫ْ َع ْت ُ َ َُّ ًَْْفآ‬
َ ‫آَوو‬
َ ‫َْتنْلَ ْت َُأ َُُّ ُ َ َُّ ًَْْف‬
ََ َ‫آ‬
ًَ ‫ن‬ ْ ْ‫إلننآ َنََِ َو ل َكي‬
َ ‫َإس‬ َ َ‫وو ن ْدَآ‬
َ 
)23 8‫ (األحماف‬ ًَْ‫صآلُ َُثَلثُو َنَ َ ْه‬ ِ
َ ‫وف‬
And We have enjoined upon man, to his parents,
good treatment. His mother carried him with
hardship and gave birth to him with hardship, and
his gestation and weaning [period] is thirty
months… ( 46:15)
1
Abu Al-Fida‟ Isma‟eel ibn Katheer, Tafseer Al-Qur‟an Al-Azeem, vol. 1, pg. 226.
He also says:
َ ْ‫ا َلِ َم ْ َأ ََر َد َأَنَيُتِ ن يَ ل ن‬
ََ‫ْآ َعي‬ َِ ْ َ‫َس ْوَل ْ ِا َََّ ِآَنْل‬ ِ ِ
َ ‫ َو ل َْو ل َك ُ َيدُ ْْْ ْع َ َأ َْو َال َد ُف ن‬
)111 8‫ (انبمزة‬‫وف‬ َِ ُْ ‫ن َوتُد ُه ن َ ِ ل َْم ْع‬ ِ ‫ودَلَ َُ ِر ْزندُه ن‬
ْ َّ‫َو‬
َ ُ
ِ ُ‫وعنْلَىَ لْمول‬
َْ َ
The mothers shall give suck to their children for
two whole years, (that is) for those (parents) who
desire to complete the term of suckling, but the
father of the child shall bear the cost of the mothers
food and clothing on a reasonable basis… (2: 233)
ِ ْ َ‫صآلُ ُ َِب َ َع َآ‬
َ‫ا‬ ِ ٍ ‫َْتنْلَ ْت َُأ َُُّ َُو ْفًَآ َ َعنْلَىَو ْف‬
ََ ِْ‫ننآ َن ََِ َو لِ َكي‬
ََ ‫ َوَو ن ْدَآَ َِإل‬
َ ‫َوف‬
َ َ َ
)22 8ٌ‫ (نمًا‬ُ‫ري‬ َ‫ص‬ ِ ‫كَإِ َنِلَ لْم‬
َ َ ْ‫َولِ َو لِ َكي‬ ِ
َ ‫أَنَ ْ ُُ ْْ َِِل‬
And We have enjoined upon man [care] for his
parents. His mother carried him, [increasing her] in
weakness upon weakness, and his weaning is in two
years. Be grateful to Me and to your parents; to Me
is the [final] destination..  (31: 14)
It is because of the great hardship involved in pregnancy that only a
woman can bear, that the Prophet (may blessings and peace be
upon him) designated a special reward for it, saying, “There are
seven forms of martyrdom besides being killed for the sake of
Allah the Mighty and Glorious…” among which he mentioned “a
woman who dies during the period of post-partum bleeding, or
while her child is in her womb is a martyr.” 1
On the other hand, men with their strength, continuous
endurance and ability to perform hard work, are responsible for
making a living, providing for the needs of the family, and looking
after and protecting them. For it is the man who is responsible for
providing for his wife and children, and the wife is not obliged to
spend on the man or on the household, even if she is wealthy -
unless she freely volunteers to do so. The exception to this is in the
case that the husband is in financial difficulty, in which case it is
obligatory for the wife to support him, however, whatever she
1
Saheeh hadith, reported by Maalik in his Muwattah, Ahmad in his Musnad, Abu
Dawood, An-Nasaa‟i, and Ibn Maajah.
spends must be repaid to her.1 Allah the Exalted says:

ِ ‫ض‬
َ ‫نَ َ نُِ َََد ْع‬ ِ ِ ِّ‫ ِلْ َجآ َُل َ َند نو َُو َن َ َعنْلَى َ ل‬
َ ‫نآ َ َِبَآ َ َفض‬
َ ّ
)12 8:‫ (انُسا‬‫ََ َو هلِِ َْ ي‬
‫أَن َفقُو ََِ ْ َ ْأ‬
34)
He also says:
ًَ ‫ْب ََل ُُ ْ ي َ َع َ َ ْيٍ ََِّ ْ َُنَد ْف‬
َُ‫نآ َ َف ُُنْلُوه‬ ِ ْ ِ ‫نآ َ َ َ ُك َنآِتِِ ن‬
َ ْ ‫َِن َنْل ًي َ َفإنَط‬ ِ
َ ّ‫ و تُو َ ل‬
)2 8:‫ (انُسا‬‫َفِ ًَئآَ نَ ِْيًَئآ‬
And give the women [upon marriage] their [bridal]
gifts graciously. But if they give up willingly to you
anything of it, then take it in satisfaction and ease.
(4: 4)
Allah also says:
َ‫َوَ َنُ ِك َر َ َع َنْل ْ ِ َ ِر ْزنُ ُ َ َفدنْلْ ُ ِف ْا َِّمنآ َ ََتهُ َ نَُِال‬ ِِ
َ ‫َس َعت‬
ِ ٍ ‫لِ ِف ْا َذُو‬
َ ََّ ‫َس َعي‬
َ ُ
)5 8‫ (انطال ق‬‫إالََآَ ََت َفآ‬ ِ
َ َ‫نآ‬ ًَ ‫ََّ نَُِندَ ْف‬
ُ ّ‫يُ َُنْل‬
Let a man of wealth spend from his wealth, and he
whose provision is restricted let him spend from
what Allah has given him. Allah does not charge a
soul except [according to] what He has given it.
Allah will bring about, after hardship, ease…
(65:7)
He also says:
َِ ُْ ‫ن َوتُد ُه ن َ ِ ل َْم ْع‬
)111 8‫ ( انبمزة‬‫وف‬ ِ ِ
ْ َّ‫ و َعنْلَىَ ملَْولُودَلَ َُ ِر ْزندُ ُه ن َو‬
…Upon the father is the mothers‟ provision and
clothing according to what is equitable... (2: 233)
Likewise, it was related by Jaabir (may Allah be pleased with him)
that the Prophet (may blessings and peace be upon him) said during
his Farewell Pilgrimage, “They (the women) have the right to
their provision and clothing upon you (the men).”
1
See Article (76) and the related comments.
Article (8)
Distribution of Responsibilities and Differentiation in Legal
Status
In order to establish justice and achieve the common
interest, the natural innate characteristics of men and women
must be taken into consideration in the distribution of the
responsibilities and duties that each of them performs in the
situations wherein they are required. This necessarily leads to
differentiation in the legal status of each sex, however, this
differentiation is limited to the scope of said situations.
The family is one of the most important arenas in which
the differences, talents, and physical and psychological
constitutions of each sex stand out.

This Article states that as a result of these innate natural
characteristics that differ between men and women, it is obligatory
to take them into consideration in the distribution of responsibilities
and duties that each of them performs in the situations wherein they
are necessitated. The family is one of the most important arenas in
which the differences, talents, and physical and psychological
constitutions of each sex stand out. This foundation of the
statement is based on both universal and Shari‟ah truths at the same
time. Allah the Glorious did not create one individual over and
over; rather, He created a pair – a male and female. And this is also
a universal truth. Allah the Exalted says:
َ ‫وَ َ َُّ ََِّ َ ْيٍ َ َخنْلَ ْقَآَ َز ْو َج ْ ِاَلَ َعنْلن ُُ ْ يَتَ َينَّ ُْو‬
)27 8‫ (انذارياث‬‫ن‬ ِ
And of all things We created two mates; that
perhaps you will remember. (51: 49)
The general philosophy that governs human life and behavior
between men and women is based on equality in general rights and
responsibilities and thus, men and women have shared duties in so
much as they were created from one soul, and different duties on
the basis of the difference in their sex. This is a distinction in the
roles or duties that each is commissioned, with equality in their
rights and responsibilities. Equality in this context does not mean

that they are identical, for men and women should complete each
other within a system of diversified duties, rather than competing
with each other within a one-sided society. True oppression is
equating between two things that are dissimilar and differentiating
between two things that are identical. Thus, it is unjust to consider
men and women equal in all respects, considering the existence of
differences in their characteristics, which is the precondition for
their rights and obligations. Absolute identicalness and congruency
between men and women violates these universal and Shari‟ah
truths, and for this reason, the calls to create a unisex or social
gender that is being promoted in some international charters is a
destructive call that clashes with the laws of nature, creation, and
the nature of society.
This Article also states in its second paragraph that the
family is one of the most important arenas in which the differences,
talents, and physical and psychological constitutions of each sex
stand out, this has and this has been clarified in the previous
Article.
***
Article (9)
Societal Welfare Is Achieved by Affirmation of the Innate
Neither logic, nature, nor Shari‟ah permit these
differences and special characteristics to be ignored; to do so
would be to demean the innate nature and deny the natural
phenomena that are physically manifested in reality and in
practice, and which are known to all with certainty and
empirical assurance.
At the same time, Shari‟ah does not allow these
distinguishing factors to be applied outside the scope of the
cases wherein they are required by Shari‟ah or testified to by
innate nature. Doing so is a form of oppression against women
and an infringement upon the Shari‟ah rulings, both of which
result in great corruption and lead to a breakdown of society
and values, threatening to destroy the society over the

long run.
In the Noble Qur‟an no social system has been
mentioned with the same level of care and detail that has been
given to the family in all of its affairs, as is found in detail in the
Shari‟ah rulings.

This Article confirms what was previously stated in Article
(8) regarding the necessity of allocating responsibilities and legal
status on the basis of the variation in distinguishing characteristics,
and that it is not permissible to deny these differences and
distinguishing characteristics, as to do so would be to demean the
intrinsic nature and deny the natural phenomena that are physically
manifested in reality and in practice, and which are known to all
with certainty and empirical assurance.
The Article also points out the necessity of not extending the
application of these differences beyond the scope of the conditions
that are required by Shari‟ah, or those that are witnessed to by
innate nature. To do so would be to oppressive to women and an
infringement upon the Shari‟ah rulings, because it entails denial of
these differences between men and women or applying them in an
incorrect context, both of which lead to great corruption and social
and moral imbalance that threaten to destroy the society in the long
run.
No social system has been mentioned in the Noble Qur‟an
with the same level of care and detail that has been allotted to the
family in all of its affairs, as is found in detail in the Shari‟ah
rulings. This is because the family is a relationship that is the basis
for the entire society, and it is a relationship between members of
humanity with their selfish and greedy natures who are stingy with
their material and non-material possessions. Allah the Exalted says:
َ‫ض َإال َ لَ ِيي ََ َ ََ ُو‬ ُ ‫ري ََِ ََ َ ُنْلَ َآَِ َلََد ْ ِ ِغي َََد ْع‬
ٍَ ‫ض ُه َْ ي َ َعنْلَى َََد ْع‬ ِ
ً ‫وإ نَن َ ََّث‬
)248‫ (ص‬‫ََ نَآَ ُف َْ ي‬ ٌَ ِ‫آاَآ ََِونَنْل‬
ِ‫ص‬ ‫و َع ِمنْلُوَ ل ن‬
…And indeed, many associates oppress one
another, except for those who believe and do
righteous deeds… (38: 24)

In this verse, Allah mentions that the only exceptions to this rule
are the Believers who perform righteous deeds, and they are few.
For this reason, Allah, the Wise Legislator, did not leave this
relationship up to the faith of individuals and their good deeds
which fluctuate between adherence and negligence. Instead,
Islamic law instituted systems and regulations that define the rights
and responsibilities that are related to each of the spouses, and
being that Allah the Exalted, Who revealed these laws, is the
Creator of mankind, it is He Who is the most knowledgeable
regarding what is best for man in this life and in the Hereafter.
***
Section Four
Marriage and the Family System
This Section discusses the general guidelines of marriage

and the family system in Islam. It defines marriage and its Shari‟ah
framework, and specifies that all other unions are prohibited. It
also states that manifestations of marriage developed according to
the elevation of man, and it delineates the scope of the family, its
branches, the importance of the family, the necessity of leadership
within the family, and the wisdom behind the prohibition of incest.
This subject is covered in six articles:
Article (10)
Definition
In Islam, “marriage” is defined as a strong Shari‟ah
bond between a man and a woman that is lasting and
continuous, and is contracted with each party‟s full consent and
acceptance according to the detailed Shari‟ah rulings.

This Article defines marriage in Islam and describes it as a
strong Shari‟ah bond. Allah the Mighty and Glorious refers to it as
a “strong covenant”. He says:
ََََ ‫ن ُُ ُو َإلَ ْد َهآ َ ََو َج َع‬ ِ ِ ِ ِِ ِ
ْ ‫ َوَ َْ َ ََيت َ َأَنَْ َ َخنْلَ َا َلَ ُُ ي َ َّ َْ َأَنفُن ُُ َْ يٍَأَ ْزَو ًجآ َّلَت‬
)12 8‫ (انزوو‬‫ن‬ َ ‫آلَي ٍََّلِ َق ْوَمَيَدَتد َف نُ ُْو‬
َ َ‫ك‬ََ ِ‫بَ َذل‬
َ َِ‫ْت ًَيَإ نَن‬
َْ ‫ََد ْدَ ُُ يَ نَ َو ند ًََ َوَر‬
give thought. (30:21)
And He says:
َ‫ض َوأَ َخ ْي َن ََِ ُُ ي ََِّ َثآ ًنآ‬
ٍَ ‫إَل َََد ْع‬ َ ْ‫َّ َ ََْت ُخ ُيونََُ َوَن َْك َأَف‬
ََ َ ‫ضى َََد ْعضُ ُُ َْ ي‬ ََ ْ ََّ‫و‬
ً ِ‫َنْل‬
)12 8:‫(انُسا‬‫مآ‬
And how could you take it while you have gone in
unto each other and they have taken from you a
strong covenant? (4:21)
This bond that is sanctioned by Shari‟ah is only between a man and
a woman, and not between any other combinations thereof. Islamic
Shari‟ah prohibits homosexual relationships that are falsely and
slanderously called marriage, whether they be between two men or
two men, or groups of people, or any other arrangements that are
falsely referred to as forms of marriage. Islam prohibited all of
these forms because they are sterile unions that do not produce
progeny to continue the human race. Their prohibition in Islamic
Shari‟ah is an issue that is emphasized in many definitive texts that
forbid sexual relations outside of marriage and gay and lesbian
relationships and orders that the genitals and honor be protected
from wrongdoing. These texts are mentioned many times in the
noble Qur‟an and the pure Sunnah, and they are known to all
Muslims, so there is no need to mention them.
This Article also states that these bonds must be of an
ongoing and continuous nature, as scholars have agreed that the
contract of marriage is a permanent contract, not limited to a
specific period of time. For this reason, temporary marriage is not
permissible, whether it be called mutàh or marriage. It was related
from Sabrah Al-Juhani (may Allah be pleased with him) that he
was with the Messenger of Allah (may blessings and peace be upon
him) when he said:
O people! I allowed you to contract mutàh
marriage with women previously. Now, Allah has
prohibited it until the Day of Resurrection.
Therefore, anyone who has any women in Mutàh,
let him release them, and do not take anything
from what you have given them.1
The contract of marriage does not take effect without the full
consent and acceptance of both spouses as marriage is a contract
1
Saheeh hadith, reported by Ahmad and Muslim.
for life, and contracts in Shari‟ah are based on consent.

َِ ِ َْ‫ََت َُّنْلُو َأ ََْ َو لَ ُُ ي َََد ْدَ ُُ ي َ ِ ل‬
َ‫آط َِ َإال َأَن َتَ ُُو َن‬ َْ ‫ ََي َأَيُّد َهآ َ لَ ِيي َ َ ََ ُو َال‬
)17 8:‫ (انُسا‬‫ُ َْ ي‬ ُ ََِّ ‫ض‬
ٍ َْ ‫آرًَ َع ََتد‬ َ ‫َِت‬
ِ
O you who have believed, do not consume one
another‟s wealth unjustly but only [in lawful]
business by mutual consent. And do not kill
yourselves [or one another]. Indeed, Allah is to you
ever Merciful. (4: 29)
Considering that consent is required in contracts of financial
transactions, it follows a fortiori that it is required in the contract of
marriage.
In Islamic Shariàh, marriage is not allowed except with the
woman‟s agreement, satisfaction, and permission and Shariàh
forbids forcing her to marry someone she does not want to marry.
Several hadiths were authentically narrated from the Prophet (may
blessings and peace be upon him) indicating that it is obligatory to
ask the young woman‟s permission when marrying her, for she is
not to be married without her consent, even if the person who is
marrying her off is her father. These hadiths include the authentic
hadith of the Prophet (may blessings and peace be upon him) who
said, “A virgin is not to be married until she is asked for her
permission, and a woman who has been married previously is
not to be married until her request has been sought.” It was
asked, “O Messenger of Allah, how does she (the virgin) give her
permission?” He (may blessings and peace be upon him) answered,
“Her silence.”1 It was also narrated on the authority of Ibn
„Abbaas (may Allah be pleased with him) that the Prophet of Allah
(may blessings and peace be upon him) said, “ A woman who has
been previously married has more right concerning herself
than her guardian, and a virgin‟s permission should be sought
by her father, and her permission is her silence.” 2
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, At-Tirmidhi,
An-Nasaa‟i, Ibn Maajah, and Ad-Daarimi.
2
Saheeh hadith, reported by Ahmad, Muslim, Abu Dawood, and An-Nasaa‟i.
Thus, the young woman is the one with the most say in her
marriage, and it is not permissible for her father or guardian to
disregard her opinion or her consent. It was narrated by Ibn
„Abbaas (may Allah be pleased with him) that a young virgin girl
approached the Prophet (may blessings and peace be upon him) and
mentioned that her father had married her against her will, and the
Prophet (may blessings and peace be upon him) confirmed her right
to exercise her choice.
Likewise, it was narrated on the authority of „A‟ishah (may
Allah be pleased with her) that a young girl approached her and
said, “My father married me against my will to the son of his
brother in order to raise his social standing.” „A‟ishah (may Allah
be pleased with her) said, “Sit here until the Prophet (may blessings
and peace be upon him) comes.” When the Messenger of Allah
(may blessings and peace be upon him) came and the girl told him
of her situation, he summoned her father and confirmed the girl‟s
right to decide the matter. She said, “O Messenger of Allah, I
approve of what my father did, but I wanted to know whether or not
women have any say in the matter.”1
Article (11)
The Prohibition of Unions that Are not Sanctioned by Shari‟ah
“Shari‟ah sanctioned marriage” is the only means by
which it is permissible for a man to be united with a woman,
and it is the only basis for forming a family.
Islam has forbidden all other unions between men and
women, even if they are falsely called marriage, and it has also
forbidden all things that lead to such relationships.

This Article mentions that Shari‟ah sanctioned marriage is
the only designated means for a man to be united with a woman,
and it is the sole basis for building a family. Religious laws and
divine religions have affirmed marriage in accordance with the
1
Saheeh hadith, reported by An-Nasaa‟i.
manner and conditions that are stated in these laws and

religions, as opposed to indecency, like most of the sexual
relationships in the pre-Islamic era that were invalidated by Islam.
Unfortunately, most of the forms of invalid sexual
relationships that existed during the pre-Islamic era have become
widespread in western society today and are falsely called
“marriage” and these forms have been previously discussed in
Article (10).
Article (12)
The Development of the Manifestations of Marriage According to
the Elevation of Man
Man‟s creation from a male and a female reveals the
Divine Will in making marriage a human instinct, a social
necessity and an essential system to form families and social
bonds between families.
The manifestations and means of marriage developed
according to the extent of man‟s elevation over the rest of the
creation; becoming a means of purifying man‟s sexual,
behavioral, and social attributes.

This Article discusses the position and status of marriage in
Islam. Marriage is a human instinct as Allah the Exalted says:
ِ ِ ِ
َ‫ا‬ َ ‫َج َع ََ َلَُُ ي ََّ ْ َأَن ُفن ُُ ْ ي َأَ ْزَو ًَجآ‬
ِ ِ ‫آط ََِيد ْدَِ ُو َنَوَِِ ْعم‬
ِ ِ ِ
َ‫َف ْ يَيَ ُْفُ ُْون‬
ُ ِ‫تَ ن‬ َ ُ ِ َْ‫ يََ َ َ ل َنَِّ ِآ َأَفَ ِِآل‬ّ َُُ‫َورَزن‬َ ً ‫وس َف َك‬
َ
)51 8‫ (انُحم‬
And Allah has made for you, from yourselves,
mates and He has made for you from your mates
sons and grandchildren and has provided for you
from the good things. Then in falsehood do they
believe and in the favor of Allah they disbelieve?
(16: 72 )
Because of this, the Messenger of Allah (may blessings and peace
be upon him) rebuked those who practiced monasticism and
abstained from women saying:

As for me, I swear by Allah, I am the most fearing
of Allah and pious of you, but I fast and break my
fast; I pray and rest, and I marry women. So
whoever turns away from my Sunnah is not from
me.1
Marriage was also one of the practices of Allah‟s messengers.
) 16 8‫ (انزعد‬ًَ‫جآَوذُ ِّريني‬
ًَ ‫َوج َعنْلَْآَ َهلُ ْ يَأَ ْزَو‬
َ ‫ك‬ َ ِ‫آَر َُسلََِّ َ َند ْ ِنْل‬
ُ َْ‫ولَ َق ْكَأ َْر َسنْل‬
and assigned to them wives and descendants. And it
was not for a messenger to come with a sign except
by permission of Allah. For every term is a
decree… (13: 38)
Marriage is also a social necessity and the basic system for
forming families and social bond between families. Preservation of
progeny is one of the five aims of Shari‟ah, and progeny cannot be
preserved except through marriage within the framework of the
divine laws.2
The manifestations and means of marriage developed to the
extent of man‟s elevation over the rest of the creation. Although
preservation of progeny is one of the five aims of Shari‟ah, this
does not mean that the way to accomplish this is to make contact
between men and women generally permissible, as is the case with
animals. To do so would not be worthy of man and the honor that
Allah has bestowed on him, and would not befit the distinguished
position he has been granted with respect to Allah‟s creation. Allah
the Exalted says:
ِ َ‫َوْتنْلَْآف ي َِب َ ل ِد ِْ َو لْ َِ ِْ َورَز ْنَد‬
َ ِ ‫ يََ َ َ ل نَِّ ِآ‬
ّ ‫آف‬ ُ َ ْ َ َّ ْ ُ ََ ‫ ََولَ َق ْك َََّ نََْْآَََِ َ َد َم‬
)57 8:‫ (األرسزا‬‫ض ل‬ ِ ‫آف يَ َعنْلَىَََّثِ ٍري َِّّمن ْ َ َخنْلَ ْقَآََتد ْف‬
ْ ُ َْ‫ضنْل‬
‫وفَ ن‬
1
Saheeh hadith, reported by Al-Bukhari.
2
See the Shari‟ah texts in the comments on Article (5) Clause (16)
and assigned to them wives and descendants. And

it was not for a messenger to come with a sign
except by permission of Allah. For every term is a
decree. (17: 70)
For this reason, Allah the Exalted ordained Shari‟ah sanctioned
marriage, making it the only way to produce progeny and to assure
the continuation of the human race on Earth as long as this life
continues, and it is the only means that is befitting of man.
Marriage in Islam is a means of purifying man‟s sexual,
behavioral, and social aspects, and purifying the self is a Muslim‟s
highest aspiration in addition to being the means of salvation on the
Day of Resurrection. Allah the Exalted says:
)22 8ً‫( األعه‬‫ََ ََتد َزنَّى‬
َ ‫َنَ ْك َأَ ْفدنْلَ َح‬
He has certainly succeeded who purifies himself
(87:14)
He also says:
)27- 78‫ ( انشًس‬‫آفآ‬ َ ‫َوَن ْكَ َخ‬َ‫ َن ْك َأَ ْفد َنْل َح َََ َ َزنَّ َآفآ‬
َ ‫آب َََ َ َد نس‬
He has succeeded who purifies it, * And he has
failed who instills it [with corruption]. (91:9-10)
Purification of the soul requires Allah‟s assistance first and
foremost, after which it can only be achieved by working to rectify
one‟s faults and evil characteristics, striving to correct and improve
them, returning them to the boundaries of moderation according to
the standard of Shari‟ah and religion. According to this standard,
marriage is considered one of the means that was instituted by
Shari‟ah to purify the self in sexual aspects, making it a means of
sexual release in a way that pleases Allah, as He says:
ِ ِ ِِ ِ ِ
ُ َ ‫َو لنيي‬َ‫َف ْ ي َِبَ َ لِت ْ يَ َخآ عُو َن‬
َِ ‫َف ْ يَ َع‬ ُ َ ‫َ لنيي‬َ‫نَ ْكَأَ ْفدنْلَ َحَ ملُْدَ ُو َن‬
ِ ُْ‫َف ي َلِف‬
َ‫وج ِه ْ ي‬ ِ ِ ِ ِ ِ
ُ ْ ُ َ ‫ َ و لنيي‬َ ‫َف ْ ي َلنْل نزََّآ َفَآعنْلُو َن‬ ُ َ ‫ َ و لنيي‬َ ‫ْو َن‬ ُ ‫لنْلنغْ ِو‬
ُ ِْ ‫ََ ْع‬
ِ ِ ِ
َ َ‫ت َأ َُْيَآندُ َُه ْ ي َفَإ دن ُه ْ ي َ َ ْد ُْ َََنْلُو‬
َ‫ا‬ َ َََ ‫ َإالَ َعنْلَىَأَ ْزَو ج ِه ْ ي َأ َْو‬َ‫َسآفمُو َن‬
ْ َُ َ‫آََنْل‬
)5- 2 8ٌ‫ (انًؤيُى‬‫ن‬ َ ‫َف ُ يَ َلعآ ُدو‬
ُ‫ك‬ َ ِ‫كَفَأ ُْولَئ‬َ ِ‫ىَور ََ َذل‬
َ ‫َفَ َم ِ َ َْدَتد َغ‬
Certainly will the Believers have succeeded: *
They who are during their prayer humbly
submissive * And they who turn away from ill

speech * And they who are observant of zakaah *
And they who guard their private parts * Except
from their wives or those their right hands possess,
for indeed, they will not be blamed * But whoever
seeks beyond that, then those are the transgressors
(23:1-7)
Likewise, the Prophet (may blessings and peace be upon him) said,
“In the sexual act which you perform, there is a [reward for
giving] charity.” The Companions replied, “O Messenger of
Allah! When one of us fulfils his sexual desire, will he be rewarded
for it?” He answered, “If a person were to act upon it unlawfully,
don‟t you think it would be a sin? Likewise, if he acts upon it
lawfully he will be rewarded.”1 Shari‟ah established a number of
regulations for sexual relations between the spouses:
 It is forbidden to have relations with one‟s wife during her
period or post partum bleeding. Allah the Exalted says:
َ‫ض َوال‬ِ َِ َ‫نآ َ َِب َ مل‬ ِ
َ ّ‫َف َو َأَ ًذى َفَآ ْعَت ِزلُو َ ل‬ ِ َِ َ‫ك َ َع ِ َ مل‬
ُ َْ ُ‫ض َن‬ َ َ‫نأَلُون‬ ْ َ‫وي‬
ِ ُ‫َتد ْقَْوف ن َس نَ َي ْهْ َن َفَإذَ ََت َ نهْ َن َفَأْت‬
َ‫ث َأ َََ ََُّْ َُ ي َ نُِ َإ نن َ ن‬
َِ ُ ْ ‫َس‬
َ ْ ََ ‫وف ن‬ ُ ْ ْ ُ َ َ ُ َُ
)222 :‫ (البقرة‬ََ ‫اَو ُِ ُّ َ ملَُت َ ِّه ِْي‬ َ َِ ‫ُِ ُّ َ لنتد نو‬
And they ask you about menstruation. Say, “It is
harm, so keep away from wives during
menstruation. And do not approach them until they
are pure. And when they have purified themselves,
then come to them from where Allah has ordained
for you. Indeed, Allah loves those who are
constantly repentant and loves those who purify
themselves.” (2: 222)
It was also related from Anas (may Allah be pleased with him) that
among the Jews, if a woman had her menses, they would not eat
with her or have sexual relations with her, so the Companions of
the Prophet (may blessings and peace be upon him) asked him
about this, to which Allah the Exalted revealed the verse of the
1
Qur‟an They ask you about menstruation…. The

Messenger of Allah (may blessings and peace be upon him) told
them, “Do everything except intercourse.” 1
 It is prohibited for men to have anal sex with their wives.
ََِ‫ََّنَ ِ ْئدتُ ْ يَونَ ِّك َُو َألَنفُ ِن ُُ ْ يَو نتدقُو َ ن‬ َ ‫ثَلنُُ ْ يَفَأْتُو‬
‫َس ْْثَُُ ْ يَأ ن‬ ٌ ْْ ‫َس‬
َ ‫نآ ُؤَُّ ْ ي‬
َ ‫ن‬
ِ
)111 8‫ (انبمزة‬‫ا‬ ََ َِِ‫ش َِْ ملُْد‬
ِّ ََ‫ يََلنُوهَُو‬
ُّ ُُ ‫و ْعنْلَ ُمو َأَ ن‬
Your wives are a place of sowing of seed for you,
so come to your place of cultivation however you
wish and put forth [righteousness] for yourselves.
And fear Allah and know that you will meet Him.
And give good tidings to the believers. (2: 223)
It was related on the authority of Ibn „Abbaas (may Allah be
pleased with him) that „Umar (may Allah be pleased with him)
went to the Messenger of Allah (may blessings and peace be upon
him) and said, “I have been destroyed!” The Messenger of Allah
asked, “What is it that has destroyed you?” He answered, “I
turned my mount during the night.” 2 The Messenger of Allah (may
blessings and peace be upon him) did not say anything. Then, these
verses of the Qur‟an were revealed to him:
) 1118‫ (انبمزة‬‫ََّنَ ِ ْئدتُ َْ ي‬ َ ‫ثَلَ ُُ ْ يَفَأْتُو‬
‫َس ْْثَ ُُ ْ يَأ ن‬ ٌ ْْ ‫َس‬
ِ
َ ‫ن‬
… Your wives are a tilth for you, so come to your
place of cultivation however you wish… (2: 223)
About this, the Prophet (may blessings and peace be upon him)
said, “Have vaginal relations from in front and from behind,
but avoid the anus and the time of menstruation.”3
Marriage is considered one of the means that the Shari‟ah
instituted to purify man‟s soul in social and behavioral aspects. In
the daily tests of life, the soul is exposed to psychological pressures
which could push him past the limits of moderation and equilibrium
1
Saheeh hadith, reported by Ahmad, Muslim, Abu Dawood, At-Tirmidhi, An-Nasaa‟i,
and Ibn Maajah.
2
By this he alluded to having vaginal intercourse with his wife from behind.
3
Saheeh hadith, reported by Ahmad and At-Tirmidhi.
in his behavior, causing him to exceed the bounds of moderation

and deviate from that which is outlined by Shari‟ah. For this
reason, the soul needs an oasis where it can seek refuge from
fatigue and adversity and this oasis is the shade of marriage,
confirming the Words of Allah:
َ ‫ن ُُ ُو َإَل ْد َهآ‬
ْ ‫ َوَ ْ َ ََيت َأَ ْن َ َخ َنْل َا َلَ ُُ ي ََّ ْ َأَن ُفن ُُ ْ ي َأَ ْزَو ًجآ َّلَت‬
)12 8‫ (انزوو‬‫ن‬ َ ‫َآلَي ٍ َّلِ َق ْوٍمَيَدَتد َف نُ ُْو‬
َ ‫ك‬ َ ِ‫ْتيًَإ نن َِبَذَل‬ َْ ‫َوََر‬
َ ً ‫ََد ْدَ ُُ يَ نَ َو ند‬
give thought. (30: 21)
Allah also says:
‫ُ َ َإلَ ْد َهآ‬
ُ‫ن‬ ِ ِ ٍ ِ ٍ ‫ يََ َ دن ْف‬
ِ ِ
ْ َ‫َوج َع ََ ََ ْد َهآَ َز ْو َج َهآَل‬
َ ‫س َو س َك‬ ّ ُُ ‫ ُف َو َ لَييَ َخنْلَ َق‬
) 267 8‫(األعزاف‬
her… (7: 189)
This tranquility enables the person to think correctly and reflect
within himself on his actions and their consequences. In this way,
he corrects the direction of his life after having been in error, and
his path is straightened after having been astray. The individual‟s
efforts in the home serve to discipline and purify himself spiritually
as he provides care and guardianship, fulfils the rights of the
family, patiently bears their bad manners and harm, strives to
correct and guide them to the path of the religion, works to earn a
living from permissible sources for their sake, and raises the
children. All of these are deeds of great virtue for they involve care
and guardianship, and the family and children are wards for which
the man is responsible. The virtue of looking after is great, and
only the person who is afraid of being negligent with regard to its
obligations is exempted from it. A person who is occupied with
rectifying himself and others is not like one who is occupied with
rectifying only himself, and a person who is patient and endures
pain is not like one who takes the easy path. This is not specific
only to the husband; rather, it is addressed to both parties,

for it was related from „Abdullah ibn „Amr (may Allah be pleased
with him) that he said, “I heard the Messenger of Allah (may
blessings and peace be upon him) say, “All of you are guardians
and are responsible for your wards. The ruler is a guardian of
his subjects and the man is a guardian of his family, the woman
is a guardian and is responsible for her husband‟s house and
his children; so all of you are guardians and responsible for
your wards.” 1
Article (13)
The Scope of the Family
In Islam, the family is not limited to the two spouses and
their children. Instead, it extends to the wide network of
relatives, which includes grandparents, siblings, aunts and
uncles, and others who are connected by ties of consanguinity,
affinity, or nursing, regardless of where they are. These ties
extend to the extent that they include the entire society.

This Article clarifies the scope of the family in Islam, and its
extent. It is not limited to the two spouses and the children. Rather,
it extends to include a wide network of relatives until ultimately, it
includes the entire society. Allah the Exalted says:
ِ ِ ِ
َ‫ا‬ َ ‫َج َع ََ َلَُُ ي ََّ ْ َأَن ُفن ُُ ْ ي َأَ ْزَو ًَجآ‬
ِ ِ ‫آط ََِيد ْدَِ ُو َنَوَِِ ْعم‬
ِ ِ ِ
َ‫َف ْ يَيَ ُْفُ ُْون‬
ُ ِ‫تَ ن‬ َ ُ ِ َْ‫ يََ َ َ ل نَِّ ِآ َأَفَ ِِآل‬ ّ َُُ‫َورَزن‬َ ً ‫وس َف َك‬
َ
)51 8‫(انُحم‬
He also says:
1
Saheeh hadith reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, and At-
Tirmidhi.
ًَ ‫ك َ َن ِك‬
 ْ‫ي‬ َ َُّ‫َر‬ ِ
َ ‫نًَ ِآَو ْهًَْ َوََّآ َن‬ َ َََ ِ‫وف َو َ َل ِييَ َخ َنْل َا ََِ َ َ ملَآ‬
َ َ‫شًَْ َ َف َُ َع َنْل َُن‬ ُ 
)32 8ٌ‫(انفزلا‬
And it is He who has created from water a human
being and made him [a relative by] lineage and
marriage. And ever is your Lord competent
[concerning creation]. (25: 54)
Likewise, He says:
َََ ِِ‫َوج َعنْلَْآ َُّ ْ ي َ ُعُوًَ َوَندَ ِآ‬ ِ
َ ‫نآس َإ نَ َ َخنْلَ ْقَآ َُّ ي ََّ َذَ ََّ ٍْ َوأُنثَى‬ ُ ‫ ََي َأَيدُّ َهآ َ ل‬
ِ ِ ِ ِ ِ
8‫ (انحجزاث‬ٌ‫ري‬ َ‫لَتد َعآ َرفُو َإ نن َأَ َّْ َََْ ُُ ْ ي َع َك َ نِ َأَ ْتد َقآ َُّ ْ يَإ نن َ ن‬
َ ِ ‫ِ َ َعنْل ٌ ي َ َخ‬
)21
righteous of you. Indeed, Allah is Knowing and
Acquainted. (49: 13)
The Messenger of Allah said, “Wet-nursing makes unlawful
what consanguinity makes unlawful [with regard to marriage]. 1
These family ties and relationships extend to the extent that
they include the entire society. Allah the Exalted says:
َ‫َوَِ ِيي َ لْقُ َْْ ى‬َ َ‫ن ًآ‬ ِ ِ ِ َ ‫ش َُِّْو ََِ ِ َ َ ْدئًآ‬
َ ‫َو ل َْو ل َكيْ ِ َإ ْس‬ ْ ُ‫َوال َت‬ َ َِ‫ َو ْع ُِ ُكو َ ن‬
ِ
َ ِ َْ‫صآس ِ َ ْل‬ ِ ِ ِ
‫َو ل ن‬ َ ِ َُُ‫َو ْلَآ ِرَ ْل‬َ ‫َو ْلَآ ِر َذيَ لْ ُق َْْ ى‬
َ ‫ا‬ ِ َّ‫نآ‬َ ‫ىَو ل َْم‬
َ َ‫َو لَْدَت َآ‬
ِ َ‫ت َأ َُْيَآنُ ُُ ي َإِ ننَ ن‬
‫ور‬
ً ‫ِ َالَ ُ ُّ َََ ْ َََّآ َنَنيَُْتآالًَ َفَ ُخ‬ ْ ْ َُ َ‫آََنْل‬ َ َِ ِِ ‫ن‬
َ ََ‫َو‬ ‫َو َْ ِ َ ل ن‬
)14 8:‫(انُسا‬
Worship Allah and associate nothing with Him,
and to parents do good, and to relatives, orphans,
the needy, the near neighbor, the neighbor farther
away, the companion at your side, the traveler, and
those whom your right hands possess. Indeed, Allah
does not like those who are self-deluding and
boastful. (4: 36)
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, An-Nasaa‟i, and Ibn
Maajah.
Article (14)
The Importance of the Family and the Imperativeness of Having
a Family Leader
The family, as a human group consisting of a male and a
female, is the cornerstone and the primary social unit of society
and within it, the pillars of society and its structural
components are represented. No matter how few or how great
the number of its members, they are all connected by
emotional, social, and financial relationships, and all family
members are regulated by a system of rights and obligations.
For this reason, leadership is essential to the smooth running of
family affairs, and this leadership is the qiwaamah that has
been entrusted to men. It is a position of administration that is
subject to the rules and laws of Shari‟ah in the Book o f Allah
[the Qur‟an] and the Sunnah of His Messenger (may blessings
and peace be upon him).

This Article discusses the importance of the family and its
essential need for a leader. The family, as a human group
consisting of a male and a female, is the cornerstone and the
primary social unit of society and within it, the pillars of society
and its structural components are represented. No matter how few
or how great the number of its members, they are all connected by
emotional, social, and financial relationships, and all family
members are regulated by a system of rights and obligations. Allah
the Exalted says:
ْ ِ ‫نآ ََ َ ُكنَآِتِِ ن‬
)2 8:‫(انُسا‬ًَ‫َِننْلَي‬ ِ
َ ّ‫و تُو َ ل‬
And give the women [upon marriage] their [bridal]
anything of it, then take it in satisfaction and
ease… (4: 4)
He also says:
َ‫َوَ َنُ ِك َر َ َع َنْل ْ ِ َ ِر ْزنُ ُ َ َفدنْلْ ُ ِف ْا َِّمنآ َ ََتهُ َ نَُِال‬ ِِ
َ ‫َس َعت‬
ِ ٍ ‫لِ ِف ْا َذُو‬
َ ََّ ‫َس َعي‬
َ ُ
)5 8‫ (انطالق‬‫إالََآَ ََت َفآ‬ ِ
َ َ‫نآ‬ ًَ ‫ََّ نَُِنَد ْف‬
ُ ّ‫يُ َُنْل‬
Let a man of wealth spend from his wealth, and he

whose provision is restricted let him spend from
what Allah has given him. Allah does not charge a
soul except [according to] what He has given it…
(65: 7)
He also says:
َِ ُْ ‫ن َوتدُ ُه ن َ ِ ل َْم ْع‬
)111 8‫ (انبمزة‬‫وف‬ ِ ِ
ْ َّ‫ و َعنْلَىَ ملَْولُودَلَ َُ ِر ْزندُ ُه ن َو‬
…Upon the father is the mothers‟ provision and
clothing according to what is equitable…  (2: 233)
He also says:
َ‫آل َ َع َنْل ْ ِه ن َ َد َر َجيٌ َو نُِ َ َع ِز ٌيز‬ ِّ ِ‫وف َول‬
ِ ‫نْلْ َج‬ ِ ْ‫ وَهل ن ََِ ْثَ َ َل ِيي َ َع َنْل ِه ن َ ِ لْم ْع‬
ُ َ ْ ُ ُ
)116 8‫ (انبمزة‬‫ُ ٌَ ي‬ ِ‫س‬
َ
…And due to the wives is similar to what is
expected of them, according to what is reasonable.
But the men have a degree over them [in
responsibility and authority]...  (2: 228)
Also, it was related from Jaabir (may Allah be pleased with him)
that the Prophet (may blessings and peace be upon him) said during
his farewell sermon, “And it is their right over you to be provided
for and clothed according to what is equitable.”1 In the Article, the
phrase, “consisting of a male and a female” is essential to negate
homosexuality from the scope of the definition of the family.
Leadership is essential to the smooth running of family
affairs, and this leadership is the qiwaamah that has been entrusted
to men. It is a position of administration that is subject to the rules
and laws of Shari‟ah in the Book of Allah [the Qur‟an] and the
Sunnah of His Messenger (may blessings and peace be upon him).
ِ ‫ض‬
َ ‫نَ َ نُِ َََد ْع‬ ِ ِ ِّ‫ ِلْ َجآ َُل َ َند نو َُو َن َ َعنْلَى َ ل‬
َ ‫نآ َ َِبَآ َفَض‬
َ ّ
ِِ
)12 8:‫ (انُسا‬‫ََ َو هل َْ ي‬ ِ
ْ ‫أَن َفقُو ََ ََْأ‬
1
Saheeh hadith, reported by Ahmad, Muslim, Abu Dawood, and Ibn Maajah.
34)
Also, the Messenger of Allah (may blessings and peace be upon
him) said:
All of you are guardians and all of you are
responsible for your wards. The ruler is a
guardian of his subjects and the man is a guardian
of his family, the woman is a guardian and is
responsible for her husband‟s house and his
children; so all of you are guardians and
responsible for your wards.1
Qiwaamah should not be understood to be absolute in all affairs
and for all men over all women. This point is clarified by what is
mentioned in this verse of the Qur‟an:
)12 8:‫ (انُسا‬‫ََ َو هلِِ َْ ي‬ ِ ِ ‫ض‬
ْ ‫َوِبَآَأَن َف ُقو ََ ْ َأ‬ ٍ ‫ض ُه ْ يَ َع َنْلىَََد ْع‬
َ ‫نََ نَََُِد ْع‬ ِ
َ ‫ِبَآَ َفض‬
… by [right of] what Allah has given one over the
other and what they spend [for maintenance] from
their wealth… (4: 34)
This indicates that qiwaamah 2 is specific, limited to the affairs of
the family that are shared between the husband and wife, and
nothing else. Thus, a man has no qiwaamah over how his wife
spends her own money; all of her transactions with her own money
are effective, and her husband does not have the right to invalidate
them. Likewise, none of her transactions are dependent upon his
permission as will be clarified hereafter. 3 Qiwaamah is in fact
leadership and direction in exchange for obligations and duties that
must be performed and be respected. Thus, I Islam, the man is the
one who gives the marriage gift at the time of the marriage, and it is
he who prepares the accommodations, the furniture, the bedding,
1
Saheeh hadith reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, and At-
Tirmidhi.
2
Qawwam or Qayyim denotes the person who looks after her affairs and protects her,
and Qiwaamah denotes leadership.
3
See Article (58), Section Three, Chapter III.
and everything else that is needed. He is responsible to provide the

financial support for his wife and children and he is not allowed to
force his wife to share in any of this – even if she has money.
Generally, the man is older and has more experience in dealing
with people and general affairs, and as every group must have a
leader to direct according to the limits of what Allah the Exalted
has ordered (since no creation is to be obeyed in something which
is disobedience to the Creator), the husband is the one who is
qualified by virtue of his innate disposition and his talents to take
on this leadership.
Qiwaamah of consultation, mercy and love
This leadership is not to be an imposition of subjugation,
domination, and despotism. Instead, it is mutual mercy, love, living
together in kindness, and guiding to the correct path with wisdom
and good advice. The exegetes of the Qur‟an explained the words
of Allah:
ِ ‫ض‬
َ‫َوِبَآَأَن َفقُو‬ ٍ ‫ض ُه ْ يَ َعنْلَىَََد ْع‬
َ ‫نََ نَََُِد ْع‬ ِ ِ ِّ‫ لِْ َجآ ُلَ َند نو َُو َنَ َعنْلَىَ ل‬
َ ‫نآ ََِبَآَفَض‬
َ ّ
)12 8:‫ (انُسا‬‫ََ َو هلِِ َْ ي‬ ‫َِ ْ َ ْأ‬
34)
They mentioned that this verse of the Qur‟an proves that
guardianship is deserved by merit, not by being overcoming,
arrogant, or forceful; rather, it is built on the basis of mutual
consultation. This is clarified in the text of the noble Qur‟an that
describes Muslims:
)16 8‫ ( انشىري‬‫ورىَََد ْدَد ُه َْ ي‬
َ ُ َ‫وأ ََْ ُُْف ْ ي‬
…their issue is [determined by] consultation
among themselves… (42: 38)
This is a general text that is applicable to all affairs of life, as is
mentioned in the specific text that orders mutual consultation in
marital affairs:
8‫ (انبمزة‬ ‫آح َ َع نْلَ ْ ِه َمآ‬ ِ ٍ ْ َ‫فَإ ْن َأَر َد َفِ صآال َ َع َتد‬
ُ ‫ض ََّ ْد ُه َمآ َوتَ َش ُآوٍر َفَل‬
َ َ‫َج‬ َ َ َ
)111
…And if they both desire weaning through mutual
consent from both of them and consultation, there is
no blame upon either of them… (2: 233)
If we add to this Allah‟s Words:
َِ ِ‫ِ َف‬
ُ‫آَوَ َع ََ َ ن‬
ِ
ُ ‫وف نَ َ ِ ل َْم ْع ُْوف َفَإن َََّ ِْ ْفُت ُم‬
َْ ‫وف ن َ َفد َع َنىَأَنَتَُ َُْْفو َ َ ْدًئ‬ ِ
ُ ُْ ‫و َعآ‬
)27 8:‫ (انُسا‬ ‫ري‬ ِ
ً ‫َخ ْد ًْ َََّث‬
…And live with them in kindness. For if you
dislike them - perhaps you dislike a thing and Allah
makes therein much good.  (4: 19)
in addition to the other fundamentals that are mentioned in the pure
Shari‟ah including the principle that marital life is based on
tranquility, mutual mercy, and love; the meaning of qiwaamah and
its limits, become absolutely clear. In light of this, there is no
doubt that qiwaamah is an organizational issue that is essential to
any group of people; it does not imply that women are a lower sex
or that there is any deficiency in their humanity or their human
rights.
Both parties are required to understand and implement the
meaning of qiwaamah.
The continuity of marital life, its stability, achieving the
objectives of marriage, and protecting the interests of the wife,
require that the wife be absolutely sure, and agree, that qiwaamah
belongs to the husband by virtue of the Shari‟ah ruling and the
innate nature of creation, and she must realize that it was legislated
for the benefit and stability of the family. At the same time, the
husband must understand the objective of this qiwaamah that
Shari‟ah for him and the principles that it is based on, so that he
does not misuse it or become overbearing in using the power that
was given to him by qiwaamah.
If both spouses know and understand this, and are keen to
implement what they know, any problems between them can be
easily overcome; no disagreement or differences will be beyond the
solution that the husband sees fit and that the wife agrees to based
on the Shari‟ah order to her to obey her husband in all that is not
sinning against Allah.
Article (15)
The Wisdom Behind the Prohibition of Marriage Between Family
Members
Islam forbids men from marrying their female mahrams1
due to the high position that these family ties occupy and due to
Islam‟s great concern for protecting ties of kinship from being
severed, and from anything that might cause conflict or hatred.

This Article specifies which women are permissible for a
man to marry and which are prohibited, and the wisdom behind the
prohibition. The prohibition of marriage may be permanent or
temporary. If a woman is prohibited from marrying a man
permanently, then she will always be prohibited for him, however,
if the prohibition is temporary, then he is forbidden from
contracting marriage with her as long as she remains in the state
that caused marriage to be forbidden. If this barrier is removed,
then it becomes permissible for him to marry her. The factors that
make marriage forbidden permanently or temporarily are:
consanguinity, affinity, and nursing. The women who are
forbidden for a man to marry are mentioned in the Words of Allah
the Exalted:
َ ُ ‫ت َ َعنْلَ ْ ُُ ْ يَأُنَ َهآتُُُ ْ يَوََدَآتُ ُُ ْ ي َوأَ َخ َو تُ ُُ ْ يَو َع نمآتُُُ ْ ي َو َخآالتُُُ ْ يَوََدَآ‬ْ ََِّْ ‫ ُس‬
َ‫ْآ َع ِي‬ َ ْ‫ْ ْعَُُ ْ ي َوأَ َخ َو تُُُ ي ََِّ َ َ ل ن‬ ِ َ ‫ت َوأُنَ َهآتُُُ ُ ي‬
َ ‫للي َأ َْر‬ ِ ‫ألَ ِخ َوَدَآ ُ َ َألُ ْخ‬
َ
َ‫للي َ َد َخنْلْتُ ي‬ِ َ ‫نآِِ ُُ ُ ي‬ ِ َُّ‫للي َِب َسُوِر‬
ِّ‫ يََ َن‬ ِ َ ‫ ي‬ ِ ِ ِ
َ ّ ُُ ُ ُ ُ ََ ْ ُ َ ُ ‫وأُنَ َهآ‬
ُ ِ
ِ ‫َور‬ ‫ ي‬ ُ ِ‫آ‬‫ن‬ ‫َن‬
َ َ ‫َوسلِِ ََُ َأََْدَآُُِِ ُ ي َ لَيِي‬
َ ‫آح َ َعنْلَ ْ ُُ ْ ي‬
ِِ
ُ ‫ِب ن َفَإن َنَلْ ََتُُونُو َ َد َخنْلْتُ ي َِب ن َفَل‬
َ َ‫َج‬
ِِ
َ‫ور‬ًَ ُ‫ِ َََّآ َنَ َف‬ َ‫ََّإ ننَ ن‬ َ َ‫َسنْل‬ َ ‫اَ ألُ ْخَتد ْ ِا‬
َ ‫َإالََآَنَ ْك‬ َ ‫َِ ْ َأَ ْ لَِ ُُ ْ يَوأ‬
َ ْ ‫َنَِتْ َم ُعوَََْد‬
ِ‫تَأ َُْيَآنُ ُُ ي ََِّتآبَ ن‬
َْ‫َِ َعنْلَ ْ ُُ ي‬ ْ َُ َ‫آََنْل‬ ِ‫َ و لْمَصَآ ُ ََِ َ لِّنآ‬َ‫نر ِس َمآ‬
َ َ ْ َ ََ‫َإال‬
َ َ َ َ ُْ ً
َ‫ا َفَ َمآ‬ ِ ِ ِ ِ ُّ ِ ِ ِ ِ
َ َ‫نآف‬ َ ََُ َْ ‫ا َ َ ْد‬
َ ‫ يَُّمص‬ْ ُُ ‫آَور َ َذَل ُُ ْ ي َأَنََتد ْ ِدَتدغُو َِب ََْ َو ل‬
َ َ‫وأُس نَ َلَُُ يَ ن‬
َ‫آح َ َع َنْل ْ ُُ ْ ي َفِ َمآ‬
َ َ‫َج‬ ُ ‫ض ًي َوال‬ َ ‫ورُف ن َ َف ِْي‬
َ ‫ُج‬
ُ ‫وف ن َأ‬
ِ ِ
ُ ُ‫ْسَت ْمَتد ْعتُ ي ََِ ََ ْد ُه ن َ َفآت‬
1
Mahram: One‟s relatives to whom marriage is forbidden due to the proximity of ties
of consanguinity, affinity, or nursing.
ِ ‫ض ِيَإ ننَ نِ َََّآ َن َ َعنْلِ َمآ َس‬

- 11 8:‫ (انُسا‬ ‫ُ ًَمآ‬ َ ‫ْ ْدتُ يََِ ِ ََِ ْ َََد ْع ِك َ ل َف ِْي‬
َ َْ ‫َتد‬
َ ً َ
)12
Prohibited to you [for marriage] are your mothers,
your daughters, your sisters, your father‟s sisters,
your mother‟s sisters, your brother‟s daughters,
your sister‟s daughters, your [milk] mothers who
nursed you, your sisters through nursing, your
wives‟ mothers, and your step-daughters under your
guardianship [born] of your wives unto whom you
have gone in. But if you have not gone in unto
them, there is no sin upon you. And [also prohibited
are] the wives of your sons who are from your [own]
loins, and that you take [in marriage] two sisters
simultaneously, except for what has already
occurred. Indeed, Allah is ever Forgiving and
Merciful. * And [also prohibited to you are all]
married women except those your right hands
possess. [This is] the decree of Allah upon you. And
lawful to you are [all others] beyond these,
[provided] that you seek them [in marriage] with
[gifts from] your property, desiring chastity, not
unlawful sexual intercourse. So for whatever you
enjoy [of marriage] from them, give them their due
compensation as an obligation. And there is no
blame upon you for what you mutually agree to
beyond the obligation. Indeed, Allah is ever
Knowing and Wise. (4: 23-24)
Muslims have agreed that the wives of the father and the wives of
the sons become prohibited by completing the contract of marriage;
whereas the daughter of the wife becomes prohibited with
consummation of the marriage. The women who are prohibited by
affinity are wives of the fathers, wives of the sons, mothers of the
wives, and daughters of the wives. The basic principle for this is
found in the previously mentioned verse of the Qur‟an from the
chapter of An-Nisaa‟ (The Women).
It is also agreed upon in fiqh that relationships established
by nursing are subject the same prohibition of marriage that is
established by equivalent relationships of consanguinity. The

Messenger of Allah said, “Wet-nursing makes unlawful what
consanguinity makes unlawful [with regard to marriage].1 This
means that the wet-nurse is considered like the actual mother with
regard to being prohibited in marriage. Scholars of Islamic
jurisprudence agreed to this extent, however, they differed with
respect to the details of issues related to nursing such as the time
and amount of nursing that is necessary to establish the prohibition
of marriage, and this can be referred to in books of fiqh.
The Article also explains that the wisdom behind prohibiting
such marriages is the concern to maintain good relations between
those individuals and prevent the ties of kinship between them from
being cut, as well as preventing causes of dispute and hatred. The
reason for this is that no marriage is free of the petty fights that
generally occur between married couples, and there may be
rudeness and disagreements between the spouses that extends to
their families as well. This may cause ties of kinship to be cut as a
result of the marriage, which is forbidden, and anything that leads
to something that is forbidden is also forbidden. Also, such
marriages are not accepted by man‟s sound innate nature that is
repulsed by the idea of marrying one‟s mother, as no one with a
sound disposition would be inclined to do so.
With regard to marrying close relatives who are not
mahrams, there is no saheeh hadith addressing the subject, and
thus, it is subject to the same standards of selection as choosing
from non-relatives. If the relative is religious and chaste, and her
family is not known to have any specific genetic diseases, then why
should another woman who is less than her in religion, morals, and
other standards be preferred? The Prophet (may blessings and
peace be upon him) married the daughter of his paternal aunt,
Zaynab bint Jahsh, and he married his daughter, Fatimah, to „Ali,
the son of his paternal uncle.
***
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, An-Nasaa‟i, and Ibn
Maajah.
Section Five
The Objectives of Family
Shari‟ah has established several objectives for the formation

of the family. They include: Preserving the continuity of the human
race; achieving tranquility, love, and mercy; preserving progeny;
maintaining chastity; and protecting religious adherence in the
family; and these topics are covered in five articles within this
Section.
Article (16)
Preservation of Progeny (The Human Race)
According to Islamic Shari‟ah, the primary objective of
the family is preservation of progeny or the human race, to
spread civilization on Earth, and to continue the succession of
generations. Allah instilled sexual desire within the body as it is
the natural means of Shari‟ah legislated procreation, not that it
is an aim in and of itself.
To achieve this purpose, Islam restricted Shari‟ah
sanctioned marriage to that which is between a male and a
female, and it forbade all other forms of unions outside of
Shari‟ah sanctioned marriage. Likewise, homosexual
relationships that do not lead to procreation are also prohibited
and birth control is not allowed without the consent of both
spouses.

This Article clarifies the first objective of the family in
Islamic Shari‟ah which is preservation of progeny or the human
race, to spread civilization on Earth, and to continue the succession
of generations. Allah the Exalted says:
)42 8‫ (هىد‬‫ض َو ْسَتد ْع َم ََُّْ ْ ي َفِ َهآ‬
ِ ‫ ُف َوَأَن َشأَ َُّ ي َ َِّ ََ ألَ ْر‬
… He has produced you from the earth and settled
you in it… (11: 61)
He also says:
َ ‫ىَوج َعنْلَْآ َُّ ْ ي َ ُ ُعوًَ َوَندَ ِآِِ ََ َلَِتد َع َآرُف و‬
َ َ‫ يََ َ َذ ََّ ٍَْوأُنث‬
ِ َُّ ‫َي َأَيُّد هآَ لنآس َإ نَ َ َخ َنْل ْق َآ‬
ّ ُ َ َ
ِ ِ ِ ِ
)21 8‫ ( انحجزاث‬‫ري‬ َ‫إ نن َأَ َّْ َََْ ُُ ْ يَع َكَ نَِأَتدْ َقآ َُّ ْ ي َإ نن َ ن‬
ٌَ ِ ‫َِ َعنْل ٌ يَ َخ‬
Acquainted.  (49: 13)
him) said, “Marry the woman who is loving and prolific, for I
will be proud of your number on the Day of Resurrection” and
there are a number of other similar narrations with different
wording.
For the sake of this objective, Allah instilled sexual desire
within the body as it is the natural means of Shari‟ah legislated
procreation, not that it is an aim in and of itself.
To achieve this purpose, Islam limited Shari‟ah sanctioned
to marriage to that which is between a male and a female, and it
forbade all other forms of unions outside of Shari‟ah sanctioned
marriage. Likewise, homosexual relationships that do not lead to
procreation have also been prohibited as has been explained in
Articles (8), (10), and (11).
The Article addresses the Shari‟ah ruling regarding birth
control; it is not permitted by Shari‟ah unless both spouses agree to
it as it is they who are affected by the decision. For this reason, it is
up to them to estimate the extent of the necessity or the benefit in
using birth control, and thus, forcing them to birth control is
prohibited and violates the rulings of Shari‟ah.
It should be noted that birth control in this context means
spacing the children so that each child receives its full right of
nursing and care. The period of nursing is two full years for those
who want to complete its duration. Allah the Exalted says:
َِ ْ َ‫صآلُ ُ َِبَ َع َآ‬
)22 8ٌ‫ (نمًا‬‫ا‬ ِ
َ ‫ َوف‬
… and his weaning is in two years… (31: 14)

Thus, spacing of children is permissible; however, birth control that
means completely preventing conception is not permissible
according to Shari‟ah as it contradicts the aims of Shari‟ah. Birth
control is an issue that depends on the family‟s circumstances and
the agreement of the two spouses, and thus, it should not be a
general philosophy for countries to apply to all people. Rather than
focusing efforts on birth control it is better to organize active
efforts to make optimum use of our human energy that is not being
utilized, that which consumes but does not produce, imports but
does not create, and takes but does not give.
The justifications for using birth control within the
framework of the two spouses include danger to the mother‟s life or
health as a result of pregnancy or delivery, if this is known by
experience or by a reliable doctor. Allah the Exalted says:
ُ ‫ َوالَتُدنْلْقُو َ ِِبَيْ ِكي‬
)273 8‫ (انبمزة‬‫ُ ْ يَإِ ََلَ لنتد ْهنْلُ َُي‬
…and do not throw [yourselves] with your [own]
hands into destruction… (2: 195)
He also says:
)17 8:‫ (انُسا‬‫َر ِس ًمآ‬
َ ‫َََِّآ َنََِ ُُ ْ ي‬
َّ َ‫ن ُُ ْ يَإِ نن‬
َ ُ‫ َوالَََتد ْقتُدنْلُوَْأَنف‬
…And do not kill yourselves [or one another].
Indeed, Allah is to you ever Merciful.  (4: 29)
Such justifications also include: Strong assumption for serious and
current reasons, in that it will cause hardship in this life that could
lead to hardship in the religion, in which case the prohibited is
accepted and that which is forbidden is committed for the sake of
his children. Allah the Exalted says:
ْ ُ‫َوالَيُِْي ُكََِ ُُ ُ يَ لْع‬

)263 8‫ (انبمزة‬ََْ ‫ن‬ ْ ُ ْ‫َيُِْي ُكَ نََُِِ ُُ ُ يَ ل‬
َ َْ ‫ن‬
…Allah intends for you ease and does not intend
for you hardship… (2: 185)
He also says:
)4 8‫ (انًائدة‬‫ج‬
ٍَ َْ ‫َس‬ َِ ‫ ََآَيُِْي ُكَ نَُِلَِ ُْ َع َََ َعنْلَ ْ ُُ ْ ي‬
َ ْ ََ
…Allah does not intend to make difficulty for
you… (5: 6)
Other justifications for using birth control include concern
for a nursing child were the mother to become pregnant again if this
is confirmed by the opinion of a Muslim, specialized doctor. The
Prophet (may blessings and peace be upon him) said, “Do not kill
your children secretly, for gheelah (having intercourse with a
woman who is nursing) overtakes the rider and throws him
from the horse.” [It is said that the child who nurses from a
pregnant mother will suffer from it in later life like a horseman who
is thrown from his horse.]1 The Prophet (peace be on him) did not,
however, go so far as to prohibit intercourse with a nursing mother
and he said:
I intended to prohibit gheelah (intercourse with a
mother who is nursing) but I considered the
Persians and the Greeks, and I realized that they
suckle their children during pregnancy without
any ill effects on their children as a result. 2
It seems that the Prophet (may blessings and peace be upon him)
realized that these individual cases do not pose any danger to the
Muslim community as a whole, as they did not harm the Persians
and the Romans, who were the strongest nations on earth at the
time.
***
Article (17)
Achieving Tranquility, Love, and Mercy
In order that the relationship between the spouses does
not become limited to a purely sexual form, Shari‟ah has
indicated that the goals of this relationship include each spouse
finding tranquility with the other, and achievi ng love and
mercy between them.
1
Saheeh hadith, reported by Ahmad, Abu Dawood and Ibn Maajah, the wording is
from Abu Dawood.
2
Saheeh hadith, reported by Maalik, Ahmad, Muslim, Abu Dawood, At-Tirmidhi, An-
Nasaa‟i, and Ibn Maajah.
For this reason Shari‟ah guarantees each family

member a satisfying and happy social life based on affection,
love, mercy, and cooperation, throughout the good times as well
as the bad; a life that achieves stability, psychological
tranquility, and mutual trust.
In order to achieve this goal, rulings, and manners were
ordained to enable the spouses to live together on equitable
terms, and to provide a family environment full of warmth,
compassion, and exalted sentiments.

This Article addresses the second objective of the family;
achieving tranquility, love, and mercy so that the relationship
between the spouses is not limited to the purely physical aspect.
َِ ُْ ‫وف ن َ ِ ل َْم ْع‬
)27 8:‫ (انُسا‬‫وف‬ ِ
ُ ُْ ‫ َو َعآ‬
… And live with them in equity… (4: 19)
In this context, equity refers to that which is approved of by sound
customs, and what is customary between people who are
characterized by their temperance and sound morals. Allah the
Exalted says:
ِ ِ ‫ث َإِ ََل َنِنآِِ ُُ ي‬ ِ
َ‫آس‬
ٌ ِ َ‫َوأَندْتُ ْ ي َل‬
َ ‫آس َلَُُ ْ ي‬
ٌ ِ َ‫َف ن َل‬
ُ ْ َ ِّ َ َ‫ َ أُس نَ َلَُُ ْ ي َلَ ْدنْلَي‬
ُ َ‫لصَ ِآم َ ل نْف‬
)265 8‫ (انبمزة‬َُّ‫َهل‬
It has been made permissible for you the night
preceding fasting to go to your wives [for sexual
relations]. They are clothing for you and you are
clothing for them… (2: 187)
This relationship is referred to as a “garment” because of the
beautification, covering, contact and warmth that the word implies.
He also says:
َ‫ُْ عُ َ َع َم ََ َ َع ِآَ ٍَ ََِ ْ ُُ ْ ي ََِ ْ َذَََّ ٍْ َأ َْو َأُنْدَثى‬
ِ ‫َّن َال َأ‬
ّ ِ‫َرَُّد ُه ْ ي َأ‬
َ ‫آب َ َهلُ ْ ي‬
َ َُ ‫آسَت‬ ْ َ‫ف‬
)273 8ٌ‫ (آل عًزا‬‫ض‬ ٍَ ‫ض ُُ ْ ي ََِ ْ َََد ْع‬
ُ ‫ََد ْع‬
And their Lord responded to them, “Never will I
allow to be lost the work of [any] worker among
you, whether male or female; you are of one

another… (3: 195)
The meaning of the words “you are of one another” is that the
woman is from the man and the man is from the woman, so there is
no disagreement or contradiction between them. Rather, they
complete each other in harmony and cooperation.
Further clarification and details of the meanings of love and mercy
are forthcoming in Articles (62), (63), and (76) of Part I of Section
Four.
Article (18)
Protecting Lineage
becoming confused is a goal of Shari‟ah that is independent
from that of preservation of progeny.
In order to achieve this, Islam forbids sexual relations
outside of marriage and prohibits adoption 1. Likewise it has
ordained specific rulings, enforcing a waiting period for women
after divorce or being widowed, prohibiting women from
concealing what is in the womb, and defining the procedures
for attributing lineage or refuting it, etc.

becoming confused is Shari‟ah‟s third objective of the family,
which is independent of the objective of preserving progeny. As
marriage is the only means for conceiving offspring, the child that
is created by Allah from the discharge of the two spouses should be
attributed to them as it is by way of this lineage that the child
secures their care and upbringing in an acceptable manner that is
befitting of the dignity of man. Also, attributing the child to his
1
[TN: Adoption in this context refers to the practice of attributing the adopted child to
his adoptive parents as if they were his own biological parents.]
parents by way of marriage conforms to specific principles

and regulations by which this lineage is established and which
result in Shari‟ah rulings.
Usually lineage is attributed to the father, however, if the
lineage is cut off from the father, as in the case of li‟aan, where a
man accuses his wife of committing adultery, or in the case of
sexual relationships outside of marriage, the child‟s lineage is only
attributed to the mother. The Messenger of Allah (may blessings
and peace be upon him) said, “The child belongs to the bed and
for the adulterer is the stone” 1 Thus, the adulterer receives the
hadd (Shari‟ah specified) punishment and the child is not attributed
to him. However, the child is attributed to the woman if she
conceives him out of wedlock though it is not attributed to the man.
Similarly, the child inherits from the mother and she inherits from
him, as was established in a case of li‟aan where a father accused
his wife of committing adultery. The Messenger of Allah (may
blessings and peace be upon him) attributed the child to the woman
and denied the man‟s paternity of the child. It was related on the
authority of Sahl ibn Sa‟d (may Allah be pleased with him) that a
man approached the Messenger of Allah (may blessings and peace
be upon him) and said, “O Messenger of Allah, tell me what should
be done if a man finds another man with his wife. Should he kill
him, only to be killed by you? What should he do?” Then Allah
revealed in their case what was mentioned in the Qur‟an regarding
li‟aan. Allah‟s Messenger (may blessings and peace be upon him)
said, “The issue regarding you and your wife has been decided.”
Sahl said, “They each invoked curses of li‟aan and I was a witness
along with the Messenger of Allah (may blessings and peace be
upon him). Then the man divorced her, and thus it became a
Sunnah that those who have invoked curses be divorced. The
1
Saheeh hadith, reported by Ahmad, Maalik in his Muwattah, Al-Bukhari, Muslim,
Abu Dawood, At-Tirmidhi, An-Nasaa‟i, Ibn Maajah, and Ad-Daarimi. The meaning of
“the child belongs to the bed” is that the child is attributed to the one o n whose bed it
was conceived, i.e. the husband. “Bed” here is a euphemism that refers to the wife as
the intercourse between the spouses is generally in the bed, according to the rulings of
Shari‟ah with a valid marriage contract. Thus the meaning of the hadith is that any
child who is conceived by the wife while the marriage is in effect shall be attributed to
her husband and shall be considered his child.
woman was pregnant so he denied her pregnancy, and so her son

was called by her name. Also the Sunnah was established in
inheritance that the child should inherit from her and she inherits
from him whatever Allah has designated for her.1
Also, to achieve the same aforementioned objective, Allah
abolished the system of adoption and ordered that the linage of
adopted children be reinstated to their actual lineage. Allah the
Exalted says:
َ‫آَج َع ََ َأَ ْد ِعَآ َ َُّ ْ ي َأََْدَآ َ َُّ ْ ي َ َذلُُِ ْ ي َ َند ْولُُُ ي َ َِِبفد َْو ِف ُُ ْ ي َو نُِ َيَدقُو ُل َ اَان‬
َ َ‫و‬ َ 
ِ‫َع َكَ ن‬
َ ‫َِفَإنَنَلََْتد ْعنْلَ ُمو‬ ِ ُ ‫َ ْد َُع وف يَآل ِِِه يَفوَأَنْن‬َ َ ِِ ‫ن‬ ِ
َ َُ ْ َ ْ ُ َ ‫وف َوَيَد ْهكيَ ل ن‬ ُ
َِ ََِ‫آحَفِ َمآَأَ ْخ َأْ ُُت‬ ‫َج‬ ‫ ي‬ ُ ‫نْل‬ ‫ع‬ َ ‫س‬ ‫ل‬
ٌ َُ ْ ُ َْ َ َ َْ ْ ُ َ َ ّ‫َو‬ ‫ ي‬ ُ ِ
‫ل‬ ‫و‬ َ‫َو‬ ِ ‫ي‬ ‫ك‬ِ ‫ل‬ َ ‫َب‬ ِ ‫ ي‬ ُ ‫ن‬ ‫و‬ ‫خ‬ ‫إ‬ ‫ف‬
ْ ُ ُ َ ْ َ ْ َُ ََ ‫ ي‬ ‫ف‬
(3- 2 8‫ (األحزاب‬‫ورَ نرس ًَمآ‬ ِ ِ
ًَ ُ‫ولَُ َ نَآََتد َع نم َك ْ َندُنْلُوَُ ُُ ْ يَوََّآ َنَ نَُِ َف‬
Allah has not made for a man two hearts in his
interior. And He has not made your wives whom
you declare unlawful your mothers. And he has not
made your adopted sons your [true] sons. That is
[merely] your saying by your mouths, but Allah says
the truth, and He guides to the [right] way.* Call
them by [the names of] their fathers; it is more just
in the sight of Allah. But if you do not know their
fathers then they are [still] your brothers in religion
and those entrusted to you. And there is no blame
upon you for that in which you have erred but [only
for] what your hearts intended. And ever is Allah
Forgiving and Merciful. (33: 4-5)
The Messenger of Allah (may blessings and peace be upon him)
said, “If anyone claims a person to be his father, knowing that
he is not actually his father, the Garden will be forbidden to
him.” 2 In another narration he said, “Anyone who claims to be a
descendant of someone other than his (real) father, and any
slave who attaches himself to someone other than his (real)
master, are cursed by Allah, His angels, and the people. Allah
1
Saheeh hadith, reported by Al-Bukhari, Muslim, and Abu Dawood.
2
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, Ibn Maajah,
and Ad-Daarimi.
will accept neither repentance nor ransom from such a

person on the Day of Resurrection.” 1
In order to preserve lineage Islam also prohibited adultery
and fornication and ordained the rulings pertaining to the waiting
period after being divorced or widowed, the prohibition against
concealing what is in the womb, and attributing or refuting lineage,
and the details of these rulings can usually be found in books of
Fiqh.
***
Article (19)
The Safeguard of Marriage
Shari‟ah sanctioned marriage protects one‟s chastity 2, is
a safeguard, protects one‟s honor, and closes the doors that lead
to sexual corruption by eradicating the anarchy of promiscuity
and immorality.

This Article clarifies the fourth objective of the family;
Islam is characterized by the way that it nurtures the innate human
nature, accepting its reality and attempting to discipline and elevate
it, not stifling and repressing it. Allah the Exalted says:
َ َ ََِ َِْ َ ‫آطريِ َ ملَُق‬
ِ َ‫شهو ِ ََِ َ لِّنآِ َو لْ ِِا َو لْ َق‬
َ َ َ َ َ َ ‫َس ُّ َ ل ن‬ُ ‫س‬ ِ ‫َزُيِّ َ َلِنْلنآ‬
َ‫عَ اََآ َِ ُّلكنْدَآ‬ َ ِ‫ث َ َذل‬
ُ ‫ك ََََتآ‬ ِ ْ‫ني َو َْْ َِ َ ملُن نوَيِ َو ألَنْد َع ِآم َو ْا‬
َْ َ َ
ِ ‫ل نيف ِ َو ل ِْفض‬
َ
)22 8 ٌ‫ )آل عًزا‬‫آب‬ ِ
َ َ‫ن ُ َ مل‬ ِ
ْ ‫َس‬
ُ ُ‫و نَُِع َكه‬
Beautified for people is the love of that which they
desire of women and sons, heaped-up sums of gold
and silver, fine branded horses, and cattle and tilled
land. That is the enjoyment of worldly life, but Allah
has with Him the best return.  [1: 14)
These are pleasurable desires that are longed for; however,
1
Saheeh hadith, reported by Ahmad, At-Tirmidhi, Ad-Daarimi; the wording is from
Ahmad and Ad-Daarimi.
2
[TN: Chastity in this context refers to abstention from illicit sexual activity.]
they must be enjoyed within their proper context, which should not
be transgressed. Also, after indulging in these pleasures to the
extent that is necessary, without being excessive or becoming
engrossed in them, the pursuit of these pleasures should not be
allowed to overshadow the nobler and loftier issues of life, as the
Messenger of Allah (may blessings and peace be upon him)
encouraged the Muslim community to give things their proper
position in preserving chastity, guarding against immorality,
protecting honor, and blocking the paths that lead to sexual
corruption by abolishing promiscuity and immorality. The
Messenger of Allah said:
O young people! Whoever among you can marry,
should marry, because it helps him lower his gaze
and guard his modesty (i.e. it protects his private
parts from committing illegal sexual intercourse
etc.), and whoever is not able to marry, should
fast, as fasting diminishes his sexual power. 1
Also, it was narrated on the authority of „Abdullah ibn „Abbaas that
Sufyaan informed him that Hiracules sent to him and asked him
about the Prophet (may blessings and peace be upon him). He
answered, “He orders us to pray, to give charity, to be chaste,
and to maintain ties of kinship.” 2
***
Article (20)
Protecting Religious Adherence in the Family
The family is the nest for its members, not only by
looking after them physically, but more importantly, by
instilling religious and moral values within them. The family‟s
responsibility for this begins even before the formation of the
embryo, with the selection that each spouse makes in choosing
his partner, the priority in this choice being given to the
1
Saheeh hadith, reported by Al-Bukhari, Muslim, Abu Dawood, At-Tirmidhi, An-
2
standard of religion and morals. This responsibility

continues and includes teaching family members faith, worship,
and morals, and training them to practice them. These issues
should be monitored until the child reaches the age of guidance
and independence in their religious and legal responsibility for
their actions.

This Article discusses the fifth objective of the family and its
duty to raise the members of the family and instill religious and
moral values within them. The family is considered the first and
primary nest with regard to these issues. This issue will be further
clarified in Articles (32), (66), and (75), in addition to lengthy
details that will be mentioned in Chapter IV pertaining to the
discussion of the child‟s rights and obligations in Islam.
***
The Muslim Community’s

Chapter Responsibility for the Formation
II and Protection of the Family
This Chapter discusses the Muslim community‟s

responsibility to encourage marriage and protect and care for the
family, as well as the means of protecting the family. These points
are covered in three sections:
Section One: The Muslim Community‟s Responsibility to

Encourage Marriage
Section Two: The Muslim Community‟s Responsibility to

Protect and Care for the Family
Section Three: The Means of Protecting the Family
***
Section One
The Muslim Community‟s Responsibility to
Encourage Marriage
This Section discusses the responsibility of the Muslim

community to encourage marriage; it clarifies the basis of this
responsibility in addition to clarifying the facilitation of the means
of Shari‟ah sanctioned marriage. It also discusses the encouraging
of marrying the youth. These points are mentioned in three
articles.
Article (21)
The Basis for This Responsibility
The responsibility of the Muslim community for its
members is based on the principle of the relationship between a
whole and its parts, or an entity and its members. Thus, the
Muslim community is made up of families that are connected
and cohesive, like a single body, rather than detached
individuals; and this cannot take place except through
marriage.
The Muslim community that adheres to the path of
guidance concerns itself wi th establishing righteous plans and
programs to encourage marriage - and to encourage it early on,
out of concern for the community's development and strength,
and to prevent immorality.

This Article is based on fundamentals and principles of
sociology, and on the Words of Allah the Exalted:
ِ ‫ت‬ َ ‫َو ذْ َُّ ُْو َنِ ْع َم‬ ِ َِ ِ ‫صمو َِِب‬
َِ ‫َهللا‬
َ‫َهللاَ َع َنْل ْ ُُ ْ يَإِ ْذ َ َُّ ْدتُ ْ ي‬ َ ‫آَو َالََتد َف نْنُو‬
َ ‫َّت ًع‬ ْ َ ُ ِ ‫ َو ْعَت‬
ٍََْ ‫آَس ْف‬
َُ ‫َوَُّ ْدتُ ْ ي َ َعنْلَىَ َ َف‬ ِ ِ ِ ِِ ِ َ ْ ‫َّ َََد‬
َ ًَ ‫ا َندُنْلُوَ ُُ ْ ي َفَأَ ْ َ ِ َْتُ ْ ي ََ ْع َمت َإ ْخ َو‬ َ ‫أَ ْع َك ً َفَأَلن‬
‫ (آل‬ َ‫ُ ْ ي ََتد ْهَتكُون‬ ُ ‫َهللا َلَ ُُ ْ ي َ ََيتِِ َلَ َعنْلن‬
ُ ‫ا‬ َ ِ‫َِّ َ َ لنآ ِر َفَأَن َق َي َُّ ْ ي ََِّ ْد َهآ َََّ َيل‬
ُ ِّ‫ك َيدَُ ِد‬
)271 8ٌ‫عًزا‬
And hold fast, all of you together, to the Rope of

Allah (i.e. this Qur‟an), and be not divided among
yourselves, and remember Allah‟s Favor on you, for
you were enemies one to another but He joined your
hearts together, so that, by His Grace, you became
brethren (in Islamic Faith), and you were on the
brink of a pit of Fire, and He saved you from it.
Thus Allah makes His Ayah (proofs, evidences,
verses, lessons, signs, revelations, etc.,) clear to you,
that you may be guided. (3:103)
It is also based on the statement of the noble Prophet (may
blessings and peace be upon him) who said, “The believers, in
their love, mercy, and kindness to one another are like a body;
if any part of it is ill, the entire body shares with sleeplessness
and fever.”1
Article (22)
Facilitating Shari‟ah Ordained Marriage
Islamic Shari‟ah has made it incumbent upon the
Muslim community to facilitate the means of Shari‟ah
sanctioned marriage and to remove any obstacles and
difficulties that deter people from it. These include:
1. Solving material problems, particularly the problems of
unemployment and housing, and offering material
assistance to those desiring marriage.
2. Raising the Muslim community‟s awareness of the
importance of marriage in Islam and the individual‟s
right to get married.
3. Inviting and emphasizing Islamic behavior that is
balanced by the Shari‟ah regulations regarding the type
of interaction between men and women and which is
permitted by Shari‟ah. Such interaction should maintain
a middle path, avoiding the extremes of extravagance
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, and the wording is from
Muslim.
and negligence, or those of overly strict

limitations and wanton liberty.
4. Discouraging expensive dowries and wastefulness in
marriage parties, and opposing evil social customs
related to marriage; all effecti ve measures should be
taken to put a stop to these trends.

This Article states one of the fundamentals of enlightened
society; facilitating the means of Shari‟ah sanctioned marriage and
eliminating the obstacles and difficulties that turn people away
from it. This is a community obligation that is mandatory on the
society as a whole and it serves to protect a number of Shari‟ah
aims that have been previously mentioned in Section Five of
Chapter I. Following this, the Article mentions some of the means
of facilitating marriage as examples, and not as a complete list.
* Clause (1)
This clause of the Article is based on the principles of justice
in the distribution of wealth between members of the society,
achieving social and political takaaful (solidarity)1 that was
instituted by the divine laws, and the resulting legislation of civil
and moral laws that enables these aims to be achieved in society.
These aims include solving material problems, particularly the
problem of unemployment and the housing crisis, and offering
material assistance to those desiring marriage.
ُ ََِ ِ‫اَ ألَ َِْآ‬
)5 8‫ (انحشز‬‫ُ َْ ي‬ َ ْ ‫ ََّ ْيَالَيَ ُُو َنَ ُدولَ ًيَََد‬
...so that it will not be a perpetual distribution
among the rich from among you...  [59: 7)
)11 8‫ [ انُىر‬‫ِ َ لَ ِييَ ََت َُّ َْ ي‬
ِ‫آلَ ن‬ ِ ُ‫و ت‬
َِ َ‫ يََ َ ن‬
ّ ‫وف‬ ُ
… And give them from the wealth of Allah which
1
The details of the meaning of social takaaful and its evidence from Shari‟ah will be
presented in the Section One of Chapter V.
He has given you… (24: 33)

Similarly, it was mentioned in the hadith narrated by Abu Hurayrah
(may Allah be pleased with him) that the Messenger of Allah [may
blessings and peace be upon him) said, “There are three who have
a right to the help of Allah: The one who fights in the cause of
Allah; the slave whose master has agreed to his buying his
freedom when he wishes to pay the sum, and the one who
marries out of the desire to live a chaste life. 1
Takaaful between Muslims is a community obligation, and
considering the fact that the crucial factor is meeting the needs of
the poor and needy, if some of the people meet their needs then the
rest of the people are absolved of the obligation, as long as they are
not remiss in paying the obligatory zakaah. And if some of the
people are not able to provide for their needs, then it becomes an
obligation on the entire community, including the government, to
meet their needs, otherwise they will all be sinful as is indicated by
the noble verse of the Qur‟an:
َِ ‫آونُو َ َعنْلَى َ إل ُِْث َو ل ُْع ْك َو‬
 ‫ن‬ ِّ ِ َ ‫آونُو َ َعنْلَى‬
َ ‫لا َو لنتد ْق َوى َوال ََتد َع‬ َ ‫وَتد َع‬
)1 8‫(انًائدة‬
not cooperate in sin and aggression… [5: 2)
Also, Allah ordered that a specific percentage of zakaah from the
wealth of the rich should be a known right for the poor. This is
indicated in the hadith of Ibn „Abbaas (may Allah be pleased with
him), who reported that the Messenger of Allah (may blessings and
peace be upon him) said to Mu‟aadh ibn Jabal when he sent him to
Yemen, “Then inform them that Allah has made charity
[Zakah] obligatory upon them. [It is] to be taken from their
rich and given to their poor.” 2
Also, it was reported by Al-Mugheerah ibn Miqdaam that
when „Umar ibn „Abd Al-‟Azeez became the Caliph, he gathered
1
Hasan hadith, reported by Ahmad, At-Tirmidhi, An-Nasaa‟i, and Ibn Maajah, and the
wording is from At-Tirmidhi
2
An-Nasaa‟i, Ibn Maajah, and Ad-Daarimi.
the clan of Marwaan and said, “Fadak1 belonged to the

Prophet (may blessings and peace be upon him) and with the
income from it, he would meet his own expenses, help the needy
from the clan of Haashim, and assist the unmarried among them to
marry. Fatimah asked him to give it to her, but he refused. That is
how matters remained during the lifetime of the Messenger of
2
Allah (may blessings and peace be upon him) until he passed on.
* Clause (2)
This Clause indicates the obligation of working to develop
awareness within the Muslim community of the importance of
marriage in Islam, based on the words of the Prophet (may
blessings and peace be upon him):
O young people! Whoever among you can marry,
should marry, for marriage is the best means of
keeping one‟s gaze lowered and his sexual organs
protected [i.e. protected from committing illegal
sexual intercourse, etc.], and whoever is not able
to marry, should fast, as fasting is a shield for him
[by lessening his sexual desire].”3
This Clause is also based on general proofs of the government‟s
responsibility to spread awareness and general moral and religious
knowledge; these proofs include the words of Allah the Exalted:
َ َِّ‫ك ََِ َ نر‬
َ ْ‫ك َوإن َنَلْ ََتد ْف َع َْ َفَ َمآ َََدنْلنغ‬
َ‫ت‬ َ ْ َ‫ ََي َأَيدُّ َهآ َ ل نْسُو ُل َََدنْلِّ ْغ َََآ َأُن ِز َل َإل‬
)45 8‫ ( انًائدة‬َُ َ‫سآلَت‬ َ ‫ِر‬
O Messenger, announce that which has been
revealed to you from your Lord, and if you do not,
then you have not conveyed His message… (5: 67)
Also, when the Messenger of Allah (may blessings and peace be
upon him) sent „Ali ibn Abi Taalib on an expedition he advised
1
Fadak: A tract of land in the Khaybar oasis.
2
Weak hadith, reported by Abu Dawood, however, there are other chains of narration
that support and strengthen it.
3
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, At-Tirmidhi, An-Nasaa‟i,
Ibn Maajah, and Ad-Daarimi, and the wording is from Al-Bukhari.
him, “Proceed without rushing until you arrive in their midst,

then call them to Islam and inform them of their duties to Allah
in Islam. By Allah, if He may guide through you a single man to
Islam then it is better for you than the red camels.”1
* Clause (3):
This Clause affirms the Shari‟ah ruling related to
intermixing between men and women. It is permissible as long as
the Shari‟ah regulations are followed, such as lowering the gaze,
not shaking hands with men in general situations, avoiding
seclusion between a man and a woman, avoiding long repeated
meetings, avoiding situations that could cause suspicion, avoiding
anything that is sinful whether from within or without, abiding by
the Shari‟ah sanctioned dress code, avoiding using perfume,
seriousness while speaking, and being dignified in one‟s
movements. Thus, the moderation that is specified in the ruling of
permissibility is the correct way according to Shari‟ah; avoiding the
extremes of extravagance and negligence, and strict limitations and
wanton liberty.
* Clause (4):
This Clause warns against some of the evil social customs
related to marriage which include:
 Increasing the amount of dowries. Scholars of Islamic
jurisprudence have agreed that there is no maximum limit on
dowries as there is nothing in the Shari‟ah that mentions an
upper limit that is not to be exceeded, and it is not
permissible to set limitations without evidence. However,
the Sunnah of the Prophet (may blessings and peace be upon
him) encourages minimizing the price of the dowry and not
making it exorbitant. It was related on the authority of
„A‟ishah (may Allah be pleased with her) that the Messenger
of Allah (may blessings and peace be upon him) said, “The
marriage with the most blessing is that which involves
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, and Muslim. [Red camels refers to
the most valued possession of the Arabs at that time.]
the least financial burden.”1 It was also related

from „A‟ishah (may Allah be pleased with her) that the
said, “The blessing in a woman is that her engagement
and dowry are made easy.” 2 Likewise, it was reported by
Abu Al-‟Ajfa‟ As-Salmi that „Umar ibn Al-Khattaab (may
Allah be pleased with him) said:
Do not make the dowries of women extravagant, for if it
were a sign of honor in this life, or piety according to Allah,
the Prophet of Allah (may blessings and peace be upon him)
would have been more worthy of it. I don‟t know that the
married any of his wives or married off any of his daughters
for more than twelve ooqiyahs (a measure equal to forty
dirhams).3
These hadiths indicate that in principle, dowries should be
economical, as this is more likely to achieve the aims of
Shari‟ah to protect the chastity of youth, facilitate lawful
options for them, and increasing progeny. Also, making the
dowry easy for the husband is following the Sunnah of the
as he was never given the choice between two issues except
that he would choose the easier of the two, as long as it did
not involve any sin.
 Extravagance in wedding parties: Committing excess is
prohibited according to Shari‟ah. Allah the Exalted says:
َ ُّ ُِ َ‫نَِْفُو َإ ن َُال‬ ِ ِ ‫ َ َُّنْلُو ََِ َ َِتَ ِْهِ َإذَ َأَ ِْتَْ َو تُو َس نق َُيدوم َس‬
ْ ُ‫صآدهَوالَت‬
َ َ َ َْ َ َ
)222 8‫ ( األَعاو‬‫ا‬ ََ ِ‫ن ِْف‬ْ ُ‫مل‬
…Eat of [each of] its fruit when it yields and give
its due [zakaah] on the day of its harvest. And be
not excessive. Indeed, He does not like those who
1
Saheeh hadith, reported by Ahmad.
2
3
Saheeh hadith, reported by An-Nasaa‟i and At-Tirmidhi, and the wording is from At-
Tirmidhi.
commit excess.  )6: 141)

He also says:
َُ ‫ن ِْفُو َإ ن‬ ٍ ِ َََِ َُّ َ ‫َع َك‬
ِ ‫ََي َََ ِ َ َدمَ ُخ ُيو َزِيَدت ُُ ي‬
ْ ُ‫نُكَوَُّنْلُو َو ْ ََُْو َوالَت‬َّْ ْ َ َ َ َ
)12 8‫( األعزاف‬‫ا‬ ََ ِ‫ن ِْف‬ ِ
ْ ُ ُّ ُ َ‫ال‬
‫مل‬ َ
O children of Adam, take your adornment at every
mosque, and eat and drink, but be not excessive.
Indeed, He likes not those who commit excess.)7:
31)
Likewise, the Messenger of Allah said, “Eat, give in charity, and
wear clothing without going to excess or being arrogant.” 1 In
this way, Shari‟ah combats the evil social customs related to
marriage, and takes all of the necessary steps to prevent and put an
end to them.
Article (23)
Encouraging the Youth to Marry
Islamic Shari‟ah encourages youth to get married early
to prevent moral and sexual deviance.

Proceeding from the Muslim community‟s responsibility for
its members, Islamic Shari‟ah encourages youth to marry early to
prevent the causes of moral and sexual deviance. It was related on
the authority of „Abdullah ibn Mas‟ood that the Messenger of Allah
(may blessings and peace be upon him) said:
O young people! Whoever among you who is able
to marry should do so, for marriage is the best
means of keeping one‟s gaze lowered and his
sexual organs protected [i.e. protected from
committing illegal sexual intercourse, etc.], and
whoever is not able to marry, should fast, as
fasting is a shield for him [by lessening his sexual
1
Saheeh hadith, reported by Ahmad, An-Nasaa‟i, and Ibn Maajah and the wording is
from Ahmad and An-Nasaa‟i.
desire].”1
It was also related on the authority of Abu Hurayrah (may
Allah be pleased with him) that the Messenger of Allah (may
blessings and peace be upon him) said, “If someone proposes to
you and you are satisfied with his religion and his manners,
then marry him; for if you don‟t it will lead to sedition on
Earth and widespread corruption.” 2 Also, Abu Ruhm narrated
that the Messenger of Allah (may blessings and peace be upon him)
said, “From among the best types of intercession is to intercede
between two people for the sake of marriage.”3 Abu Sa‟eed
narrated that „Umar addressed the people and said, “Allah gave
permission to His Prophet (may blessings and peace be upon him)
for whatever He wanted, and the Prophet of Allah (may blessings
and peace be upon him) passed away. So complete the Hajj and
„Umrah (minor pilgrimage) as Allah the Mighty and Glorious has
commanded you, and protect the chastity of these women.”4 Jaabir
ibn „Abdullah (may Allah be pleased with him) said that the
“Today, you are on a religion, and I will be proud of your great
number before the other nations, so after me do not regress.”5
1
Ibn Maajah, and Ad-Daarimi, and the wording is from Al-Bukhari.
2
Hasan hadith, reported by At-Tirmidhi, An-Nasaa‟i and Ibn Maajah.
3
Mursal hasan hadith, reported by Ibn Maajah.
4
Hasan hadith, reported by Ibn Maajah.
5
Hasan hadith, reported by Ahmad.
Section Two
The Muslim Community‟s Responsibility to Protect
and Care for the Family
This Section discusses the Muslim community‟s

responsibility to protect and care for the family, clarifying the
basis for this responsibility as well as the necessity of achieving
balance between rights and obligations. It also clarifies the benefit
of documenting the marriage contract and discusses the stipulation
of witnessing and announcing the marriage contract and the
importance of registering newborns. It calls for combating non -
Shari‟ah sanctioned forms of marriage and deviant ideas, and it
encourages spreading awareness of the value of marriage and its
manners. These topics are covered in eight articles.
Article (24)
The Basis for this Responsibility
This responsibility is based on two pillars:
1. It achieves one of the aims of Shari‟ah; Islam has ruled
that the basic rule for marriage is continuity and
permanence of the family and this is the aspect that
completes the obligation to encourage marriage, for
marriage cannot meet the aims of Shari‟ah unless it
continues and is protected and cared for.
2. The Muslim community, when it protects the family
from the forces of collapse and deterioration, is at the
same time protecting itself and its social and moral
values.

This Article clarifies the principles that are the bases for the
Muslim community‟s obligation to protect and care for the family.
* The first basis refers to the principle: Whatever is

necessary to perform something that is obligatory is obligatory
in and of itself; and the family cannot continue to exist without
protection and support.
* The second basis indicates the Muslim community‟s
responsibility to protect the family as it is considered the basic unit
of its structure. Thus, protecting the family is in essence protecting
the society, while neglecting to protect the family and its values
leads to the collapse of the society and its values. For this reason,
there are numerous texts that call on the Muslim community to put
their efforts into to preventing the dissolution of the family. Allah
the Exalted says:
َ‫آََ ْ َأَ ْفنْلِ َهآَإِ ن‬
ِ
ّ ‫َو َس َُ ًَم‬
ِِ ِ
َ ‫َس َُ ًَمآ َ َّ ْ َأَ ْفنْل‬
ِ ِ ِ
َ ْ‫ َوإِ ْن َخ ْفتُ ْ ي َ َقآ َق َََد ْ ِه َمآَفَآَْد َعثُو‬
ِ ِ ِ
)13 8:‫ (انُسا‬ ‫ري‬ َّ َ‫يُِْي َك َإِ ْ لَ ًَسآَيدَُوفّ ِاَ َََُِّد ْدَد ُه َمآَإِ نن‬
ًَ ِ ‫َََِّآ َنَ َعنْل ًَمآَ َخ‬
And if you fear dissension between the two, send
an arbitrator from his people and an arbitrator from
her people. If they both desire reconciliation, Allah
will cause it between them. Indeed, Allah is ever
Knowing and Acquainted [with all things].  (4: 35)
Scholars of fiqh explain this to mean that if there is discord
between the spouses, the governor should provide them with
accommodations near a trustworthy source who is charged with the
responsibility of investigating their case and preventing the
oppressive party from continuing to commit oppression. If the
situation escalates and their disagreement continues for a long
period of time, then the governor should appoint a trustworthy
member from the woman‟s family and a trustworthy member from
the man‟s family to meet and look into the couple‟s situation, and
ultimately, to do whatever they believe to be best, whether it be
divorce or reconciliation, however, reconciliation is anticipated as
‫سآَيدَُوفِّ ِاَ َََُِّد ْدَد ُه َمآ‬
ًَ َ‫إِنَيُِْي َك َإِ ْ ل‬
… If they both desire reconciliation, Allah will
cause it between them…1

Also, it was narrated from Abu Hurayrah that the Messenger of
Allah (may blessings and peace be upon him) said, “None of us
have turned a woman against her husband or a slave against
his master.” 2
This is considered one of the community obligations that has
been made obligatory upon the Muslim community as a whole.
The obligation is to be carried out by the leader on behalf o f the
Muslim community with the assistance of his employees who are
specialized in this field, however, in some situations it may become
an individual obligation if it is dependant upon a specific person
and no one else.
Article (25)
The Balance Between Rights and Responsibilities
It is allowed to clearly and precisely define the
stipulations of each spouse when filling out the marriage
contract, taking care to maintain justice and balance between
the rights and obligations of each party, according to the
fundamentals and rulings of Shari‟ah and in order to protect
the family life and its continuity.

This Article clarifies a number of important issues that are
essential to protect family life and its survival. They include:
 The permissibility of filling out the marriage contract,
precisely and clearly defining each spouse‟s stipulations in
the cases wherein they are permitted by Shari‟ah. It has
already been mentioned in the commentary on Article (9)
that the human self has a tendency to greedily hoard its
material and non-material possessions, and because of this,
he may deny the rights that are due of him after having
acknowledged them. In order to prevent this, stipulation of
1
See Ibn Katheer‟s Exegesis of the Qur‟an for further explanation of this verse.
2
Saheeh hadith, reported by Ahmad and Abu Dawood
rights is an important and essential means of

protecting people‟s rights from being usurped, and
preventing the human self from denying these rights. This is
achieved by informing each party of his obligations and
rights by way of the conditions that are mentioned in the
marriage contract. The basic principle is that which the
stated, “Muslims are to abide by conditions they agree
to.”1 Another narration of this hadith adds, “except for any
condition that makes the prohibited permissible, or the
permissible prohibited.”2 „Abdurrahman ibn Ghanm
related:
We were with „Umar (may Allah be pleased with him) and
my knees touched his. A man came to him and said, “O
Prince of the Believers, I married this woman and I agreed to
the condition that she reside in her house, and I am preparing
to move to such and such a land.” He answered, “She has
the right to her condition.” The man said, “Woe to men!
Any woman who wants to divorce her husband can divorce
him.” „Umar replied, “Muslims are accountable to fulfill
their conditions when the rights of the parties conflict.”
Another narration states, “Conditions are imposed in the
case of conflicting rights; and she is due that which she has
stipulated.”3
 Taking care to maintain justice and balance between the
rights and obligations of each spouse according to the
principles and regulations of Shari‟ah that are necessary to
protect the family life and its survival. Each spouse has
rights that the other is obliged to fulfill, just as each has
obligations that he must fulfill in return. This is true justice,
1
Hasan hadith, reported by Abu Dawood, At-Tirmidhi, and Al-Hakim.
2
Hasan hadith reported by Al-Hakim and Ad-Darqutni.
3
Saheeh narration, reported by Al-Bukhari with a hanging chain of narration, and
Sa‟eed ibn Mansoor related it in its connected form in his Sunnan.
)116 8‫ ) انبمزة‬ٌَ‫آلَ َع نْلَ ْ ِه ن َ َد َر َج ي‬ ِّ ِ‫وف ََول‬

ِ ‫نْلْ َج‬ ِ ْ ‫و َهل ن ََِثََْ لن ِي يَ َعنْلَ ِه نَ ِ لْم ْع‬
ُ َ ْ ُ َُ
And due to the wives is similar to what is expected
of them, according to what is reasonable.  (2: 228)
Also, each right and obligation should be given its
proportional weight and actual importance.
Details of some of these rights will be provided in Section Four of
Chapter III.
***
Article (26)
Documenting the Marriage Contract
Officially documenting the marriage contract achieves
interests that are affirmed by Shari‟ah and which benefit the
society as it prevents either spouse from denying the marital
relationship and protects the rights of the wife and children.

This Article affirms one of the important means of
protecting and caring for the family; documenting the marriage
contract. In principle, this is not a condition for the validity of the
marriage; if the marriage is offered and accepted, and the contract
is conducted with the acceptable phrasing in the presence of the
guardian and witnesses to the contract, then the contract is
considered valid and becomes effective as will be clarified in
Section Two of Chapter III.
When marriage was performed according to this simple
form, there was no potential problem of people denying the
marriage as the societies were small and limited, and tribal or
community life presided over people. However, as life changed,
the social ties that used to bond people began to unravel, the
number of people increased, issues began to diverge, and people‟s
morals and consciences became corrupt. Thus, it became difficult
to leave affairs according to the previous status quo and it became
necessary to document the marriage contract as it is related to many
affairs within the institutions of the government, such as education,
health, foreign travel, military service, etc. The laws in

some countries of the Muslim world even go so far as to stipulate
that if one of the spouses denies the marriage, the claim of marriage
is not to be recognized unless the marriage contract is officially
documented by the authorized employee or the responsible
institution or body.
Leaving the marriage contract without documentation
usually leads to corruption and harm such as denying the marital
relationship and the loss of the children‟s rights, and according to
Shari‟ah, corruption and harm are to be driven away and prevented.
said, “There is no harm and no reciprocating harm.”1
***
1
Hasan hadith, reported by Maalik, Ahmad, Ibn Maajah, Ad-Daaraqutni, Al-Hakim,
and Al-Bayhaqi.
Article (27)
Witnessing and Announcing the Marriage Contract
Shari‟ah stipulates that the marriage contract must be
witnessed as a means of including the Muslim community in the
building of the family, and to serve as a sign that differentiates
between those relationships between men and women that are
permissible, and those that are impermissible. Also, the
recommendation that the marriage be announced is a way of
making the contract known and it is a social decl aration that a
new family has been formed.

This Article clarifies the role of witnessing the marriage
contract and its status in the Muslim community. Considering the
serious ramifications of the marriage contract which including
permissibility of the spousal relationship, obligation of paying the
dowry and financial support, establishing children‟s lineage,
entitlement to inheritance, and the obligation of following and
being obedient, and as there is a potential for these rights to be
denied by either of the spouses, the religion implemented measures
to prevent this from happening, and made it obligatory for at least
two witnesses to be in attendance to witness the marriage contract.
It also stipulated that the witnesses must be deserving of people‟s
trust and confidence in order to affirm these ramifications if there
is a need for their testimony, such as in the case of conflict between
the spouses, or denial of the rights and ramifications of this contract
by one of the spouses. For this reason, the witnessing of the
marriage contract is a means of including the Muslim community in
the building of the family and it serves as a sign that distinguishes
permissible relationships between men and women from those that
are impermissible.
The evidence for the stipulation of two witnesses to execute
the contract of marriage is found in the statement of the Messenger
of Allah (may blessings and peace be upon him), “There is no
marriage except with the presence of the [woman‟s] guardian
and two morally upstanding witnesses.” 1 Also, it was

narrated by Abi Az-Zubayr Al-Makki that „Umar ibn Al-Khattaab
(may Allah be pleased with him) rejected a marriage that was only
witnessed by a man and a woman. He said, “This is a secret
marriage and I will not approve it, and if I could go back in time I
would have stoned them.”2 Scholars of fiqh have stipulated
conditions for the witnesses, the details of which can be found in
fiqh reference books.
There are hadiths that have been related from the Prophet
(may blessings and peace be upon him) that encourage announcing
the marriage. For example, he said, “Announce the marriage.” 3
He (may blessings and peace be upon him) also said, “The
distinction between permissible relationships and
impermissible relationships is the [beating of] the drum and the
voices during the marriage.” 4 It was also reported by „Amr bin
Yahya Al-Mazini from his grandfather Abu Hasan that the Prophet
(may blessings and peace be upon him) abhorred marriages that
were [considered] secret unless there was beating of a drum and
voices calling out, “We have come to you! We have come to you!
Greet us, we greet you!”5 This recommendation that the marriage
be announced is a way of making the contract known and it is a
social declaration that a new family has been formed.
***
Article (28)
Registering Newborns
Registering newborns with the responsible agency allows
each child to be attributed to his Shari‟ah recognized parents
and guarantees the formation of a valid family with established
affiliations of kinship. Registering newborns also affirms that
1
Saheeh hadith, reported by Ibn Hibbaan in his Saheeh, ad-Daaraqutni, and Al-Baihaqi
in his Sunan, and At-Tabaraani in Al-Mu‟jam Al-Awsat.
2
Hassan narration, reported by Maalik in Al-Muwatta‟
3
Hasan hadith, reported by Ahmad and Al-Hakim.
4
Hasan hadith, reported by Ahmad, At-Tirmidhi, An-Nasaa‟i, and Ibn Maajah.
5
Weak hadith, reported by „Abdullah ibn Ahmad in Zawai‟d Al-Musnad.
the individual belongs to his society and country, while at the

same time achieving societal and governmental respect for his
rights.

This Article clarifies that one of the important means of
protecting and caring for the family is registering newborns with
the designated authority due to the benefits that result from doing
so. This Article is based on the principle of al-masalih al-mursalah
(achieving the public interest in issues that are neither obligatory
nor prohibited by any source of Islamic law) as well as on the
ruler‟s right to limit that which is permissible in order to achieve a
public interest or to prevent harm that might result from improper
application of a particular right. This is a very wide sphere in
Islamic Shari‟ah, and it is permissible for the ruler to regulate it
with the condition that he investigates the aspect of public interest,
making sure that it does not involve any harm, and that it does not
conflict with any Shari‟ah principle.
Article (29)
Combating Relationships That Are not Sanctioned by Shari‟ah
By protecting noble moral and social values and
combating sexual relationships and unsanctioned so-called
forms of marriage, the Muslim community protects the family
from breakdown, and achieves its happiness and stability so
that it becomes a nest that is well suited for the new generation,
in addition to being a source of encouragement for people to
seek Shari‟ah sanctioned marriage.

This Article specifies one of the responsibilities of society
and functions of the government in protecting the family from
collapse and achieving its happiness and stability, so that it
becomes a suitable nest for the new generation, as well as a source
of encouragement for people to seek Shari‟ah sanctioned marriage.
This is accomplished by protecting the noble moral and
social values and combating unsanctioned sexual relationships and
so called forms of marriage. This Article is based on a

number of Shari‟ah texts that call people to enjoin what is good and
prohibit what is evil, and to abide by these obligations and refrain
from committing prohibited acts. Allah the Exalted says:
)11 8:‫ (اإلرسزا‬ ‫َس ِِ ل‬ ِ َ‫َ والََتد ْقَْو َ ِلزَّنَإ ن َََُّآ َنَف‬
َ َ ‫َوسآ‬
َ ً‫شي‬
َ ‫آس‬ َ ّ َُ
And do not approach unlawful sexual intercourse.
Indeed, it is ever an immorality and is evil as a
way. (17: 32)
He also says:
ِ ‫ وإ َذ َ َفدعنْلُو َ َف‬
َ‫َوج ْك َََ َع َنْل ْد َهآَ َ َ َََو نَُِأ َََ َََْ َِِبَآَنُ ََْإ ننَ ن‬
َ‫َِال‬ َ ‫ش ًيَ َنآلُو‬َ ‫آس‬ َ
)16 8‫ (األعزاف‬‫ن‬ ِ ِ
َ ‫شآ َأََتدقُولُو َنَ َعنْلَىَ نِ َََآَالََتد ْعنْلَ ُمو‬َ َْ ‫ََْي َُ َُْ ِ لْ َف‬
And when they commit an immorality, they say,
“We found our fathers doing it, and Allah has
ordered us to do it.” Say, “Indeed, Allah does not
order immorality. Do you say about Allah that
which you do not know?”  (7: 28)
Similarly, He says:
َ‫ش ِه ُكو َ َعنْلَد ْ ِه ن َأ َْرََد َعديً ََِّد ُُ ْ يَ َفدإن‬
ْ ‫آسَت‬ْ َ‫نآِِ ُُ ْ يَف‬ ِ ِ َ ‫آس‬
َ ّ‫شيَََ َن‬
ِ ‫ََيتِاَ ل َف‬
َ َْ ‫للي‬ ِ ‫و‬
ِ ِ
َ ‫ََ َعد َدََ نَُِ َهلدُد ن‬
ْ َ ‫دآف ن َ ملَد ْدو ُ َأ َْو‬ ُ ‫َسد ندََيَدَتد َوفند‬
َ ‫وف ن َِبَ ل ُِد ُددو‬ ُ ُُ ‫َ د ِه ُكو َفَأ َََْن د‬
ِ َ‫ََيتِ ِآِن‬ ِ
ُ ِْ ‫إنََت َ َوأَ ْ نْلَ ََآَفَأَ ْع‬
َ‫ْدو َ َع ْد ُه َمدآ‬ َ َ‫وُهآَف‬ َُ ُ‫آََ ُُ ْ يَفَآذ‬ َ َْ ‫َ و لننْل َي ن‬َ‫َس ِِ ل‬
)24- 23 8:‫ (انُسا‬‫َََِّآ َنََتد نو ًََ نر ِس ًَمآ‬ َ‫إ ننَ ن‬
Those who commit unlawful sexual intercourse of
your women bring against them four [witnesses]
from among you. And if they testify, confine the
guilty women to houses until death takes them or
Allah ordains for them [another] way.* And the two
who commit it among you, dishonor them both. But
if they repent and correct themselves, leave them
alone. Indeed, Allah is ever Accepting of repentance
and Merciful.  (4: 15-16)
And He says:
ََ‫ َأَِِن ُُ ْ ي َلََتأْتُون‬َ ‫ص ُْو َن‬
ِ ِ ْ ُ‫شيَ َوأَنتُ ي َتد‬ َ ‫آس‬ ِ ‫آل َلِقَوَِ ِ َأَ ََتْتُو َن َ ل َف‬
ْ ْ َ َ‫ولُوطًَآ َإذْ َن‬
ِ ِ ِ ِ
)33- 32 8‫ (انًُم‬‫ن‬ َ ‫َِت َهنْلُو‬ َ ّ‫ِّلْ َجآلََ َ ْه َو ً ََّ َ ُدونَ ل‬
ْ َ ‫نآ َََ ََْأَنتُ ْ يَ َند ْوٌم‬
And [mention] Lot, when he said to his people, Do

you commit immorality while you are seeing? * Do
you indeed approach men with desire instead of
women? Rather, you are a people behaving
ignorantly.  (27: 54-55)
See Articles (10), (11) of Section Four of Chapter I.
***
Article (30)
Confronting Deviant Ideas
The Muslim community must confront deviant ideas that
debase the relationship between the man and the woman,
lowering it to one of conflict and competition such that it is
merely a material partnership wherein each partner‟s gains are
at the other‟s expense. Likewise, the Muslim community
should spread awareness that the relationship between men and
women is one of cooperation and mutual fulfillment.

This Article affirms the importance of the Muslim
community having its own conceptions and principles regarding the
family and the relationship between men and women, which spring
from its Islamic authority that considers the marital relationship to
be one of tranquility, security, love, and mercy, and the Qur‟anic
verses that pertain to this have been previously mentioned. At the
same time the deviant thoughts that are imported from non-Muslim
societies, consider these relationships to be based on conflict and
material competition. Thus, it is incumbent upon the Muslim
community to confront these concepts. See the commentary on
Article (29).
This Article also clarifies the nature of the relationship
between men and the women, and states that it is neither a
relationship of conflict and competition, nor is it a material
partnership wherein the gains of each partner are at the expense of
the other. Additionally, the Article calls for dissemination of the
understanding that the relationship between the man and the
woman is a cooperative and complementary relationship.

The issues related to this have been previously explained in the
commentary on Articles (4), (5), (7), (8), and (24).
***
Article (31)
Spreading Awareness of the Value of the Marriage Relationship
and its Etiquettes
Spreading awareness of the value of the marital
relationship in Islam and the fact that it is based on love,
mercy, psychological security, and bearing life's burdens
together, and that it requires mutual consultation in tho se
affairs that concern marital life, protects the family from the
causes of disagreement and division.

This Article elucidates one of the means of protecting and
caring for the family; spreading awareness of the value of the
marital relationship in Islam and the fact that it is based on love,
mercy, psychological security, sharing burdens, and consultation
regarding the issues of marital life. Refer to the related issues in
Article (17), and this will be further explained in the section
pertaining to regulations for the marital relationship, in Chapter III.
***
Section Three
The Means of Protecting the Family
This Section defines the main systems for protecting the

family. These systems were determined by surveying the Shari‟ah
texts and principles, and are covered in this Section in three Parts,
each of which plays an essential role in protecting the family, and
they are mentioned as follows:
Part II: The Societal Deterrent
This study clarifies that the primary and essential means of
protecting the family is the religious deterrent. In this sense, it
refers to those morals and principles that are established within a
person‟s conscience that prevent him from committing acts that
violate these principles. Five Articles are covered in this Part:
Article (32)
Building the Family on Religious Principles
Building the family structure on the principles and
fundamentals of religion by making adherence to them the
basis for spousal selection establishes a firm foundation for the
structure and continui ty of the family.

This first meaning that is related to the religious deterrent is
the necessity of building the family on the principles and
fundamentals of religion during selection of one‟s spouse. This
principle is based on a number of Shari‟ah texts. Allah the Exalted
says:
ٍ ْ ََُّ ََِ ْ‫ش ََِّْآ ِ َس نَ َيد ْدَِ ن َوألََيٌََُّ ْدََِيٌَ َخ د‬ ِ
َ ‫ش ََِّْي‬
َ‫َولَ ْو‬ ّ ٌْ َ َ ُ َ ْ ‫ْم‬
ُ ‫ َوالَ ََت ُ َُوْ َ ل‬
َ ََِّ ٌْ ‫َوَل َع ْ ِ ٌك ََُّ ْدَِ ٌ َ َخ ْد‬ ِ

َ ْ‫َس نَ َيدُْدَ ُو‬ َ ‫ا‬
ِ ِ ‫أَ ْعُ ِد ْت ُُ ي َو َال َتُ َُِوْ َ ل‬
َ َِّْ ‫ْمش‬
ُ ُ َ ْ ََ
َِ‫ك َي ْكعُو َن َإِ ََل َ لنآ ِر َو ِّ َي ْكعُو َإِ ََل َ ْلني‬ ِ ٍ ْ َُّ
َ َ َ ُ َ َ ‫ش ِْك‬
َ َ ‫َولَ ْو َأَ ْع ََُ ُُِ ْ ي َأ ُْولََدئ‬
)112 8‫ (انبمزة‬‫ن‬ ِ ‫اَ ََيتِِ َلِنْل‬
َ ‫نآسَلَ َعنْلن ُه ْ يَيَدتَ َينَّ ُْو‬ ُ ِّ‫َويدَُ ِد‬
ِِ ِ ِ
َ ‫َو ل َْمغْف َْ َِبِِذْن‬
And do not marry polytheistic women until they
believe. And a believing slave woman is better than
a polytheist, even though she might please you. And
do not marry polytheistic men [to your women] until
they believe. And a believing slave is better than a
polytheist, even though he might please you. Those
invite [you] to the Fire, but Allah invites to Paradise
and to forgiveness, by His permission. And He
makes clear His verses to the people that perhaps
they may remember. (2: 221)
From the Sunnah, it was narrated by Abu Hurayrah (may Allah be
pleased with him) that the Messenger of Allah (may blessings and
peace be upon him) said, “If someone comes to propose to you
and you are satisfied with his religion and his manners, then
marry him, for if you don‟t it will lead to sedition on Earth and
widespread corruption.1 Abu Hurayrah (may Allah be pleased
with him) also narrated that the Messenger of Allah (may blessings
and peace be upon him) said, “A woman is married for four
reasons: for her wealth, for her status, for her beauty, and for
her religion, so win by marrying the religious woman.” 2
„Abdullah ibn „Amr (may Allah be pleased with him) related that
the Messenger of Allah (may blessings and peace be upon him)
said, “Do not marry women for their beauty, for their beauty
might be the cause of their fall, and do not marry them for their
wealth as it might cause them to become rebellious; instead,
marry them for their religion, and even a religious black slave
woman, with a cut off nose and holes in her ears, would be
better.” 3
1
Hasan hadith, reported by At-Tirmidhi, Ibn Maajah, Al-Hakam, and Al-Bayhaqi.
2
Saheeh hadith, reported by Al-Bukhari, Muslim, Abu Dawood, An-Nasaa‟i, Ibn
Maajah, and Al-Baihaqi
3
Weak hadith, narrated by Ibn Maajah, Ibn Hibbaan in his Saheeh, Al-Bayhaqi, Al-
Bazzaar, and „Abd ibn Hameed in his Musnad, and Ibn Abi Dunya.
Article (33)
Shari‟ah‟s Attention to the Marriage Contract
Due to the importance of the family in the building the
society, Shari‟ah places special importance on marriage,
enveloping it in detailed regulations and conditions that are
stricter and greater in number than those of any other
contracts.

This Article clarifies the importance of marriage in Islamic
Shari‟ah, and states that it is enveloped in detailed regulations and
conditions that are stricter and greater in number than those of any
other contracts, thereby inspiring respect within the person for this
relationship and conferring a type of sanctity upon it that prevents
the person from polluting it with anything that could taint its purity.
The fact that Allah the Exalted called the contract of marriage “a
firm covenant” and ordered that all of its requirements be fulfilled
is sufficient to illuminate its importance. This is found in the
Words of Allah:
ِ
َْ َ‫آر َف‬
َ‫لََت ُخ ُيو‬ ْ ‫ َوإِ ْنَأ ََر ْد ُُّتَُ ْستِ ْ ِ َك َلَ َز ْوٍجَ نَ َُآ َنَ َز ْوٍجَ و َتد ْدتُ ْ ي‬
ًَ َ ‫َإس َك ُف ن َن‬
َ‫ضى‬ َْ َّ
َ ْ‫ََت ُخيُونَ ُ َونَ ْك َأَف‬ ًَ ‫َِ ْ ُ َ َ ْدئًَآ َأ ََتْ ُخ ُيونَ ُ ََدُ ْهَت‬
َ ْ ََّ‫ َو‬َ ‫آَ َوإ َِْتًآ ََُّ ِِ ًَآ‬
)12- 17 8:‫ (انُسا‬‫مآ‬ ًَ ِ‫ يََ َثآًَنآَ ََنْل‬
ِ ِ
ّ ُُ ََ‫ضَوأَ َخ ْي َن‬ ٍ ‫َإَلَََد ْع‬َ ‫ض ُُ ْ ي‬ ُ ‫ََد ْع‬
But if you want to replace one wife with another
and you have given one of them a great amount [in
gifts], do not take [back] from it anything. Would
you take it in injustice and manifest sin? * And how
could you take it while you have gone in unto each
other and they have taken from you a solemn
covenant?  (4:20-21)
Article (34)
Abhorrence of Divorce and Limiting the Causes of
Shari‟ah strives to curb the factors that lead to
dissolution of marriage and it encourages people to hate
divorce so that they are repelled by it. It also

encourages each of the spouses to jealously guard the family
structure with the greatest possible degree of patience and
forbearance.
Also, in order to solve conflict between the spouses,
Shari‟ah has imposed numerous mechanisms to prevent haste
in separation.

The content of this Article is considered one of the important
components of the religious deterrent that protects the family from
dissolution. Just as the Shari‟ah sanctioned marital relationship is
contracted with a word, it is also dissolved with a word; and for this
reason, Shari‟ah zealously restricts the causes of marital dissolution
and strives to turn people against it. It also encourages each of the
spouses to jealously guard the family structure with the greatest
degree of patience and forbearance possible. Being that the
relationship between the spouses is emphasized and documented in
the manner mentioned in the previous Article, it should not be
violated or taken lightly, and anything that is likely to degrade this
bond or weaken its ties is abhorred by Islam due to the fact that it
prevents the benefits from being achieved and is contrary to the
interest of both spouses. It was narrated by Ibn „Amr (may Allah
be pleased with them) that the Messenger of Allah said, “Of all
things that are permissible, the most hated to Allah is divorce.”1
Any person who desires to corrupt the relationship between
a married couple is in violation of Islam‟s teachings, and he does
not deserve the honor of being associated with it. It was related by
Abu Hurayrah (may Allah be pleased with him) that the Messenger
of Allah (may blessings and peace be upon him) said, “There are
none of us who have turned a woman against her husband or a
slave against his master.” 2 In some cases, however, a woman may
1
Mursal hadith, reported by Abu Dawood, Ibn Maajah, Al-Bayhaqi, Al-Hakim, and
Ad-Daaraqutni in his Sunan; Abu Hatim authenticated it and gave it preponderance in
his book Ilal Al-Hadith Irsalihi (vol. 1, pg. 431).
2
Saheeh hadith, reported by Ahmad and Abu Dawood
try to take the place of a man‟s wife, and this is strictly forbidden
by Islam. It was narrated on the authority of Abu Hurayrah (may
blessings and peace be upon him) said, “It is not permissible for a
woman to ask that her sister be divorced in order to take her
place, for she will only get what has been destined for her .”1
Also, the fragrance of Paradise is forbidden for any woman who
asks for divorce without any reason or necessity. It was related on
the authority of Thawbaan (may Allah be pleased with him) that the
“Any woman who asks her husband for divorce without having
caused her any harm; the fragrance of Paradise will be
forbidden for her.”2
Also, in order to solve conflict between the spouses, Islam
has imposed numerous mechanisms to prevent any rush to
separation. Allah the Exalted says:
ِ‫ض‬ َ َ‫وف ن َِب َ مل‬ ِ ِ ‫و‬
َ ‫وف ن‬ ُ َُِْ ْ
ْ ‫آج ِع َو‬ ُ ُْ ُُ ‫وف ن َو ْف‬ ُ ُ‫شوَزُف ن َفَعم‬ ُ ُ‫للي َََتَآفُو َن َن‬
ِ ‫َوإ ْن‬َ ‫فَإ ْنَأَطَ ْعَ ُُ يَفَلََتد ِدغُو َ َعنْلَ ِه ن َس ِِ لَإ ننَ نِ َََّآ َنَ َعنْلَِآ َََّ ِِ َري‬
َ‫َخفْتُ ْ ي‬ ً ً َ َ ْ ْ ْ
َ ‫َوس َُ ًَمآ ََِّ ْ َأَ ْفنْلِ َهآ َإن َيُِْي َك‬َ
ِ ِ‫ِ َقآ َق ََد ِ ِهمآ َفَآَدعثُو َس َُ َمآ ََِ َأَ ْفنْل‬
ْ ّ ً َ َْ َ َْ
ِ ِ ِ َ ْ‫إ‬
)13- 12 8:‫ (انُسا‬ ‫ري‬ ًَ ِ ‫َََِّآ َنَ َعنْل ًَمآَ َخ‬َ‫لسآَيدَُوفّ ِاَ نَََُِد ْدَد ُه َمآَإ ننَ ن‬
ً
… But those [wives] from whom you fear
arrogance [first] advise them; [then if they persist],
forsake them in bed; and [finally], strike them. But
if they obey you [once more], seek no means against
them. Indeed, Allah is ever Exalted and Grand.*
Men are in charge of women by [right of] what
spend [for maintenance] from their wealth. So
righteous women are devoutly obedient, guarding in
[the husband‟s] absence what Allah would have
them guard. But those [wives] from whom you fear
1
2
Hasan hadith, reported by Abu Dawood, At-Tirmidhi, and Ibn Maajah.
if they obey you [once more], seek no means

against them. Indeed, Allah is ever Exalted and
Grand. 
(4: 34-35)
„Ali (may Allah be pleased with him) said, “Allah brings
together and Allah separates by way of the two arbitrators.”1 He
(may Allah be pleased with him) also said, “If one of the two
arbitrators rules, and the other does not, then his ruling does not
amount to anything unless they both agree.”2 Allah the Exalted
says:
َ‫صنْلِ ََ آ‬
ْ ُ‫آحَ َعنْلَ ْ ِه َمآَأَنَي‬
َ َ‫لَج‬
ُ ‫ْآَ َف‬ ًَ َْ ‫و ِإنَ َْ َْأَ ٌَ َخآ َف ْت ََِ ْ َََد ْعنْلِ َهآَنُ ُشوًَز َأ َْوَإ ْع‬
َ ‫لش نح َ َوإن ََُتْ ِنُو َوتدَنتد ُقو‬ ُّ َ ‫س‬ ِ ِ ْ ‫لصنْلْح َ َخ ْد ْ َوأ‬
ُ ‫ُس ض َْ َ ألَن ُف‬ ٌ ُ ُّ ‫َْآ َو‬ ًَ ‫ََد ْدَد ُه َمآ َ ُ نْل‬
)216 8:‫ (انُسا‬ ‫ري‬ ِ ِ َ‫َفإ ننَ ن‬
ًَ ِ ‫َََِّآ َن َِبَآَتَد ْع َم ُنْلو َنَ َخ‬
If a woman fears from her husband contempt or
evasion, there is no sin upon them if they make
terms of settlement between them and settlement is
best. And present in [human] souls is stinginess.
But if you do good and fear Allah then indeed Allah
is ever, with what you do, Acquainted.  (4: 128)
Details of the rulings concerning marital conflict will be presented
in Article (65) of Part I of Section Four, of Chapter III.
***
Article (35)
The Importance of Offspring to the Stability of the Marriage
Islamic Shari‟ah considers offspring to be one of the
most important aims of marriage and the existence of offspring
is an incentive for the spouses to avoid seeking diss olution of
the marital bond.

Offspring is one of the most important aims of marriage in
1
Saheeh narration, reported by At-Tabari in his exegesis.
2
Saheeh narration, reported by Al-Bayhaqi.
Islamic Shari‟ah, as has been previously mentioned in Article (16)

of Section Five of Chapter I. In this sense, it is considered one of
the components of the religious deterrent, and its existence is a
motive for the family to avoid severing the marital rope. This is
because the love of children is an innate instinct that has been
instilled within fathers and mothers, and each of the parents, out of
his love for the child, is intent on keeping his child near him, and
preventing his child from leaving him. This is confirmed by the
narration of Mu‟aawiyah ibn Qurrah from his father who said:
A man used to go to the Prophet (may blessings and peace be
upon him) with one of his sons. The Prophet (may blessings and
peace be upon him) asked him, “Do you love him?” The man
answered, “O Messenger of Allah, may Allah love you as much
as I love him.” After some time, the Messenger of Allah (may
blessings and peace be upon him) noticed that he was not around
so he asked [his Companions], “What happened to the son [of
that man]?” They replied, “O Messenger of Allah, he died.”
The Prophet (may blessings and peace be upon him) said to his
father, “Wouldn‟t you like it if you were to approach any of
the gates of Paradise and find him waiting there for you?” A
man asked the Prophet (peace and blessings be upon him) (may
blessings and peace be upon him), is this especially for this man,
or is it for all of us?” He (may blessings and peace be upon him)
answered, “It is for all of you.” 1
In the case that divorce or separation takes place between the
two spouses, the child must go with one of the parents and leave the
other, causing anguish and grief as a result of the separation. Thus,
the parents are motivated to preserve the marital tie so that the child
will remain between them. Abu Maymoonah Sulayman, a client of
the people of Madinah, narrated:
I was with Abu Hurayrah, and a woman came to him and said,
“My husband wants to take my child away from me.” Abu
Hurayrah replied, “I was with the Messenger of Allah (may
blessings and peace be upon him) when a woman came to him
1
Hasan hadith, reported by Ahmad and An-Nasaa‟i.
and said, „My husband wants to take my child (or my son)

away from me, even though I am in need of him as he has
become old enough to bring me water from the well of Abu
„Inabah. The Messenger of Allah (may blessings and peace be
upon him) said, „Draw lots.‟ Then the child‟s father came and
asked, „Who is disputing me with regard to my son?‟ The
„Young boy, this is your father and this is your mother.
Take the hand of which ever of them you choose.‟ The boy
1
took his mother‟s hand and she left with him.”
***
Article (36)
Listening to One‟s Conscience and Being Aware That Allah is
Watching
Unlike the social and governmental deterrents, the religious
deterrent has a great effect on the human conscience. The
man's awareness that Allah is constantly watching him and that
reward and punishment await him in the Hereafter prevent
him from severing the ties of marriage or oppressing women.
This is something that cannot be accomplished by practical
measures or in situations to which others are not privy.

This Article affirms the attribute that distinguishes the divine
Shari‟ah; it addresses the human conscience, causing the person to
sense that Allah the Exalted is watching him, and reminding him of
the recompense in the Hereafter, whether it be reward or
punishment. In this way, it protects against severing the bond of
marriage or oppressing women, which is something that cannot
be accomplished by practical measures or in situations to which
others are not privy. This is the most important aspect that
distinguishes the religious deterrent from the social and
governmental deterrents. For this reason, the Shari‟ah texts that
1
Saheeh hadith, reported by Ahmad, Abu Dawood, Ad-Daarimi, Ibn Hibbaan in his
Saheeh, and An-Nasaa‟i, and the wording is from An-Nasaa‟i
address the subject of the rulings that apply to the family or other
arenas, emphasize this meaning at the end or in the middle of the
text; for example, the Words of Allah the Glorious:
َ ‫ََّنَ ِ ْئدتُ ْ يَوَن ِّك َُو َألَن ُف ِن ُُ ْ يَو نتدقُو‬ َ ‫ثَلن ُُ ْ ي َفَأْ تُو‬
‫َس ْْثَ ُُ ْ يَ أ ن‬ ٌ ْْ ‫َس‬
ِ
َ ‫ن‬
) 111 8‫ (انبمزة‬‫ا‬ ََ َِِ‫ش ِْ َ ملُْد‬ِّ ََ‫ يََلنُوهَُو‬ ُّ ُُ ‫ِ َو ْعنْلَ ُمو َأَ ن‬َ‫ن‬
Your wives are a place of sowing of seed for you,
so come to your place of cultivation however you
wish and put forth [righteousness] for yourselves.
And fear Allah and know that you will meet Him.
And give good tidings to the believers.  (4: 223)
Likewise, He says:
َ َ ‫ص َ َ ِِبَنفُ ِن ِه ن َثَلثَيَ َنُد ُْوٍَ َوال َ َِ َُّ َ َهلُن َأَن َيَُْتُ ْم‬
ْ ‫و لْ ُم َنْلن َق آ ُ َيَدَتد ََْن‬
8‫ (انبمزة‬ َِْ ‫آلخ‬ ِ َ‫َآَ َخ َنْل َاَ نِ َِبَأَرس ِآَ ِه ن َإن َ َُّ ن َيد ْدَِ ن َ ِ نَِِو لْ دوِم‬
َْ ُ َْ ُ َ
) 116
Divorced women remain in waiting for three
periods, and it is not lawful for them to conceal
what Allah has created in their wombs if they
believe in Allah and the Last Day… (2: 228)
He also says:
ِ ِ َُ ِّ‫ والََتد ْع ِزَُو َ ُع ْق َك َ َ ل‬
َ‫َج َنْل َُو ْعنْلَ ُمو ََأ نن َ ن‬
َِ َ ‫آب َأ‬
ُ ‫َس نَ َيَد ْ ِدنْلُ َغ َ لَُت‬
َ ‫آح‬
‫َس ِنْل ٌَ ي‬
َ ‫ور‬ ٌ ‫ِ َ َ ُف‬ َ‫آس َي ُرو ُه َو ْعنْلَ ُمو َأَ نن َ ن‬
ِ َ ِ ‫يد ْعنْلَ ي ََآ‬
ْ َ‫َب َأَن ُفن ُُ ْ ي َف‬ َ ُ َ
( 113 8‫(انبمزة‬
…But do not promise them secretly except for
saying a proper saying. And do not determine to
undertake a marriage contract until the decreed
period reaches its end. And know that Allah knows
what is within yourselves, so beware of Him. And
know that Allah is Forgiving and Forbearing.  (2:
235)
َ ‫وف َوأَ ْ ِه ُكو‬ ٍَ ُْ ‫وف ن َِِبَ ْع‬ ٍ
ُ ُ‫وف ن َِِبَ ْع ُْوف َأ َْو َفَآ ِرن‬
ِ
ُ ُُ ‫َجنْلَ ُه ن َ َفأ ََْن‬
َ ‫فَإذَ َََد َنْلغْ َ َأ‬
ِ ِ ِ ِ
َ ِ‫ََِ َذل ُُ ْ يَيُو َع ُظََِ َََ َََّآ َنَ يدُ ْدَ ُ َ ِ ن‬ ِ‫َذ َو ْيَ َع ْك ٍل ََِّ ُُ ْ يَوأَن ُمو َ ل نش َهآ َد َ ن‬
ِ ِ
ًَ ََْْ‫ََ َعََلن َُني‬ ِ ِ
) 1 8‫ (انطالق‬‫جآ‬ َْ َِ‫َوَ َيَدتن ِا َ ن‬
َ ِْ ‫و لَْد ْوم َ آلخ‬
And when they have [nearly] fulfilled their term,

either retain them according to acceptable terms or
part with them according to acceptable terms. And
bring to witness two just men from among you and
establish the testimony for [the acceptance of]
Allah. That is instructed to whoever should believe
in Allah and the Last day. And whoever fears Allah
He will make for him a way out (65: 2)
It was narrated by Abu Hurayrah (may Allah be pleased with
him) that the Prophet (may blessings and peace be upon him) said,
“Verily Allah becomes jealous, and the jealousy of Allah is that
a person commits what He has forbidden.” 1 Also, Thawbaan
(may Allah be pleased with him) narrated that the Prophet (may
blessings and peace be upon him) said, “I know people from my
nation who will come on the Day of Resurrection with good
deeds equal to Mount Tihaamah, in their whiteness, and Allah
the Mighty and Glorious will make them scattered like the
dust.” Thawbaan said, “Describe them to us O Messenger of Allah;
make them known to us so that we will not be among them
unknowingly.” He answered, “They are your brothers from your
skin, and they perform the prayers at night just as you do,
however, they are people who, when they are alone, commit
what Allah has forbidden.2 „Abdullah ibn „Umar (may Allah be
pleased with him) said that the Messenger of Allah (may blessings
and peace be upon him) grabbed me and said, “Worship Allah as
if you see Him, and be in this life as if you are a stranger or a
traveler on the path.” 3
***
Part II: The Social Deterrent

This study discusses the social deterrent from the aspect of
its role in regulating the society by spreading values and principles
and instilling them within people positively and negatively. This
1
Saheeh hadith, reported by Al-Bukhari and Muslim.
2
Hasan hadith, reported by Ibn Maajah.
3
topic is covered in five articles.

Article (37)
Society‟s Effect on the Famil y
The family is a part of society, and inevitably it is
affected by the regulations and moral values that are prevalent
in that society.

This Article affirms a principle and universal law in
societies; that the family, in so much as it is part of the society, is
affected by the rules and moral values that are prevalent in the
society as it is customary for the minority to be affected by the
majority, the small by the large, and the weak by the strong. This
clarifies the importance of role models, public figures, and their
families within the society as they are considered to be sources of
guidance and direction, and due to the fact that they shape the
values, morals, and rules of the society. Examples of such people
include the president of the country, ministers, governors, leaders
of parties and establishments, labor representatives, tribal leaders,
mayors, and everyone who is considered a leader or a symbol in the
area where he lives. The Messenger of Allah (may blessings and
peace be upon him) said, “You are approaching your brothers so
fix your mounts and fix your clothing so that you are attractive
and distinguished among the people, for Allah does not love
obscenity or abomination.” 1
***
Article (38)
The Effect of Customs and Traditions on Marriage Procedures
The family relationships that precede and give birth to
marriage, the preludes to marriage, the standards of
compatibility between the spouses, and the means of successful
marital life are affected by the prevalent customs and culture of
the society. Thus, they must be formed according to Islamic
1
Hasan hadith, reported by Abu Dawood.
social regulations and values.


This Article stems from what was mentioned in the previous
Article. Being that the family, in so much as it is part of the
society, is affected by the prevalent regulations and moral values of
society, then these regulations and moral values must be formed
according to the social regulations and values in Islam. Allah the
Exalted says:
َ ‫َوِن ُ َلَ َُ َعآَِ ُكو‬
)216 8‫ (انبمزة‬‫ن‬ ِ‫َِوَ َأَسن ََِ َ ن‬
ْ َ ‫َِ ِ ْ ِد َغ ًي‬ ِ ِ
َ ُ َ ْ ْ َ ‫ ْ ِد َغ َي َ ن‬
 [And say, “Ours is] the religion of Allah. And who
is better than Allah in [ordaining] religion? And we
are worshippers of Him.”  (2: 138)
He also says:
َِ ‫دَََُْد ْدَد ُه ْ يَ ُُث‬ ِ َ ‫دكَالَيد ْدَِ ُدو َنَس ندََ ُ ُِّمد‬
َ‫نَالََد ُكو َِب‬ َ َ َ َ‫دوكَف َمدآ‬ ُ َ َ ُ َ َِّ‫ور‬ َ َ‫ َفدل‬
)43 8:‫ (انُسا‬‫ننْلِ ًَمآ‬ ِ ‫تَوي‬
ْ َ‫ننْلّ ُمو َت‬ َ َ‫َس َْ ًَجآَِّّمنآَن‬
َ ُ َ ْ‫ض‬
ِ
َ ‫أَنفُن ِه ْ ي‬
[We sent] messengers as bringers of good tidings
and warners so that mankind will have no argument
against Allah after the messengers. And ever is
Allah Exalted in Might and Wise.  (4: 65)
Some of the detailed proofs supporting this principle have been
previously clarified in Article (32) of Part I.
***
Article (39)
In-Laws‟ Involvement in the Marriage
The in-laws should be involved in the marriage to the
extent that is required by the customs of the social setting. This
involvement should be limited as much as possible, according to
the Shari‟ah regulations, while at the same time spreading
adherence to Islamic values and morals to promote the
relationship between each of the spouses and the other spouse‟s
family.

This Article clarifies one of the values that governs society

in the family arena; the limit on the in-laws‟ involvement in the
marriage as much as possible. Any involvement that does take
place should be limited to the extent that is dictated by the customs
of the social situation and in accordance with the Shari‟ah
regulations. This allows the spouses the chance to manage their
affairs in the way that suits their personal circumstances and their
new habits, customs, and acquaintances. Although each era has its
own rules and values, adherence to Islamic values and morals
should be spread to promote the relationship between each of the
spouses and the other spouse‟s family, and this is indicated by the
Words of Allah the Exalted:
َ‫آََد ْ َأَ ْفنْلِ َهددآَإِن‬
ِ
ّ ‫َو َس َُ ًمد‬
ِِ ِ
َ ‫َس َُ ًمدآَ َّد ْ َأَ ْفنْلد‬
ِ ِ ِ
َ ْ‫ َوإِ ْنَخ ْفدتُ ْ يَ د َقآ َقَََد ْ ِه َمدآَفَدآَْد َعثُو‬
ِ ِ ِ
)13 8:‫ (انُسا‬ ‫ري‬ َّ َ‫ل ًَسآَيدَُوفّ ِاَ َََُِّد ْدَد ُه َمآَإِ نن‬
ًَ ِ ‫َََِّآ َنَ َعنْل ًَمآَ َخ‬ َ ْ ِ‫يُِْي َك َإ‬
And if you fear dissension between the two, send
an arbitrator from his people and an arbitrator from
her people. If they both desire reconciliation, Allah
will cause it between them. Indeed, Allah is ever
Knowing and Acquainted [with all things].  (4: 35)
This verse of the Qur‟an indicates the importance of the in-laws in
the attempt to solve conflict between the spouses, and the
importance of having the intention to achieve reconciliation.
This is also indicated by what was previously mentioned in
Article (32) of Part I, and Article (38).
Article (40)
Neighbors and the Extent of Their Effect
The social relationships between neighboring families are
governed by prevalent social principles, and neighbors play an
active role in creating family problems as well as in solving
them. Thus, building relationship with neighbors based on
Islamic principles and values helps to protect the family and
hold it together.

This Article confirms what was stated in the

previous Article regarding the necessity of building relationships
within the society according to Islamic values and principles.
These relationships include relationship with neighbors, which play
a role in the continuity and cohesion of the family. This is because
the neighbor‟s have an active role in the creation of family
problems as well as in their solution. Allah the Exalted says:
َ‫َوَِد د ِدييَ لْقُد د ْدَْ ى‬
َ َ‫دآ‬
ً ‫ند د‬ ِ ِ ِ ‫شد د َُِّْو ََِد د ِ َ َ د د دًئ‬
َ ‫آَو ل َْو لد د َكيْ ِ َإ ْس‬
َ ْ ْ ُ‫َوالَت‬ ََِ‫ َو ْع ُِد د ُكو َ ن‬
َ ِ ‫صدآس ِ َ ِ ْلَْد‬ ِ ِ ِ
َ ِ ‫َو ْلَدآ ِرَ ْلُُد‬
‫َو ل ن‬ َ ‫َو ْلَددآ ِرَذيَ لْقُ ْدَْ ى‬ َ ‫ندآَّ ِا‬ َ ‫ىَو ل َْم‬
َ َ‫دآ‬ َ ‫َو لَْدَت‬
ِ ِ
َ‫دتَأ َُْيَددآنُ ُُ ْ يَإ ننَ ن‬ ِ
 ‫دور‬
ً ‫دآالَفَ ُخد‬ ً ‫َِالَ ُ د ُّ َََد ْ َََّدآ َنَنيَُْت‬ َ ََ‫ند ِ َََِ َو‬
ْ َُ َ‫دآََنْل‬ ‫َو َْد ِ َ ل ن‬
)14 8:‫(انُسا‬
Abu Hurayrah (may Allah be pleased with him) narrated that the
Prophet (may blessings and peace be upon him) said, “I swear by
Allah, he does not believe! I swear by Allah, he does not believe!
I swear by Allah, he does not believe!” He was asked, “Who, O
Messenger of Allah?” He said, “He whose neighbor is not safe
from his evil.” 1 In another narration he said, “No one whose
neighbor is not safe from his evil will enter Paradise.” 2 It was
narrated by „Abdullah ibn „Umar (may Allah be pleased with him)
said, “The best of companions according to Allah the Exalted is
he who is best to his companion, and the best of neighbors
according to Allah the Exalted is he who is best to his
neighbor.”3 See the commentary on Article (37).
1
2
3
Saheeh hadith, reported by Ahmad, At-Tirmidhi, Ad-Daarimi, and Al-Hakim in Al-
Mustadrak .
Article (41)
Social Takaaful (Solidarity) in the Family
Social takaaful between family members plays an integral
role in its cohesion and continuity.

Social takaaful is the mutual exchange of support, financial
support, assistance, and care and tolerating each other. One form of
this is the takaaful between Muslims which is their mutual care for
each other by giving advice, financial support, and other forms of
care. In doing so, it plays a major role in looking after the family
and protecting it from breakup and division, particularly since one
of the major causes of family dissolution is poverty and lack of
material assistance, and this is where the role of social takaaful
comes into play to fill this gap.
The details of the proofs for this will be presented in the
discussion of children‟s right to social security in Clause (2) of
Article (109) of Section Four of Chapter IV. It will also be
presented within the detailed discussion of social takaaful in
Section One of Chapter V.
Article (42)
The Importance of Local Institutions
Local institutions play an active role in family affairs, and
this role extends to include institutions that:
1. Encourage and facilitate marriage.
2. Make people aware of the Shari‟ah rulings that pertain
to the family and the social and psychological studies
related to it.
3. Provide care for mothers, children, the elderly, wives
involved in marital conflicts, and youth who have
problems with their parents that cannot be solved within
the family.
4. Hold meetings for reconciliation between family
members.
5. The role of nurseries, schools, the media, and mosques
represents the external training that shapes family
members from within. Thus, they should be given special
attention and enabled to carry out their correct
pedagogical roles that are in accordance with the
principles of Islam.

This Article establishes the principles of the role of social
solidarity by transferring it to active and established institutions, so
that it does not rely solely on scattered, individual efforts; instead,
it is transferred to the stage of organized, collective work. Also,
these institutions should be independent of the government and are
local in their creation, formation, and funding, so as not to be
affected by the negative aspects of government institutions. Care
should be taken to assure that these institutions are varied and that
they encompass the needs of the family in every geographical area
in order to prevent any opposition between them. Some examples
of this variety have been mentioned in this Article.
The organizational activity requires the existence of an
administrative framework that includes leadership and members,
and which is governed by regulations and policies. The employees
of such agencies should be volunteers or receive symbolic pay,
which in this respect is voluntary.1
The importance of the work of establishments is emphasized
in its continuity through organized, collective work. Because the
work is not dependant upon a single person, there is no fear that if
that person quits the entire work will come to a halt. Such work
also strives to unify and organize finances, efforts, and time, and
thus it is highly effective in affecting the society and assisting the
1
The meaning of voluntary in this sense is that it is without pay. It does not mean that
the work is voluntary in the Shari‟ah sense of it being supererogatory, recommended , or
an action of the Prophet. In fact, voluntary work may actually be obligatory according
to Shari‟ah, such as in the case of the collective work that is necessary to carry out
collective obligations.
government in the advancement of the society (by way of local

establishments).
***

By “Governmental Deterrent” we mean the compliance and
submission to the governmental power that is sensed by the
individual, causing him to respect the laws and legislation that
govern the relationships between individuals. This leads to the
regulation of individuals‟ rights and responsibilities and ends
animosity between them as a result of the power that is given to the
responsible party to enforce and implement these laws and
legislation, thereby causing individuals to abide by and deeply
respect them. This term also refers to the government‟s obligation
to enact laws, regulations, and legislation that is capable of
rectifying certain types of people who are not restrained by values
and principles, and who do not respond to the religious and social
deterrents. In such cases, the government must become involved,
using the power of compulsory laws to restrain them and force
them to be law abiding. The basis for this deterrent is what was
mentioned by Makhaariq ibn Sulaym who said:
A man came to the Messenger of Allah (peace and blessings
be upon him) and said, “There is a man who comes to take my
money against my will.” The Prophet (peace and blessings be
upon him) said, “Remind him of Allah.” The man replied,
“And if he does not respond to the reminder?” The Prophet
(peace and blessings be upon him) said, “Then seek the aid
of Muslims around you.” He replied, “And if there are no
Muslims around me?” The Prophet (peace and blessings be
upon him) said, “Seek help from the governor.” The man
replied, “And if the governor is far from me?” The Prophet
(peace and blessings be upon him) said, “Fight for your
wealth until you either become a martyr of the Hereafter
or until you have protected your money.” 1
Likewise, „Uthmaan ibn „Affaan (may Allah be pleased with him)
said, “Allah uses the ruler to deter those who are not deterred by the
Qur‟an.”2 In this context, the ruler is the person who is
1
Saheeh hadith, reported by Ahmad and An-Nasaa‟i.
2
Mentioned by Ibn Katheer in Al-Bidayah wan-Nihayah, vol. 3, pg. 115.
commissioned with the responsibility of using force and power to

execute the laws.
This Part discusses the standards for the success of legal
legislation, facilitating the means of litigation and dispute
resolution, and the government‟s responsibility for successful
family cohesion. These topics are covered in three articles.
***
Article (43)
The Standard of Success for Legal Legislation
The standard of success of the legal legislation that
regulates marital relationships is judged by its success in
solving marital problems and its ability to establish justice and
maintain balance between the rights and responsibilities of each
spouse within the framework of the Islamic Shari‟ah rulings.

This Article states that for the most part, manmade legal
legislation pertaining to marital relationships is based on the rulings
of Shari‟ah and independent fiqh rulings pertaining to family. The
success of manmade legal legislation is dependant upon its success
in solving marital problems and establishing justice and balance
between the rights and responsibilities of each spouse.
This system was ordained for the sole purpose of solving
these problems, and if it is unable to achieve its purpose, then it
must be altered or changed so as to accomplish its goal. If changes
are not made, then the inability of the system will eventually cause
people to belittle and disrespect the manmade legal legislation,
thereby weakening the governmental deterrent in individuals. This
is particularly so when problems accumulate to an extent that poses
a threat to the social situation, as is currently the case in many
countries.
***
Article (44)
Facilitating Arbitration and Resolving Disagreements

It is the government‟s duty to facilitate the means of
litigation and issuance of quick verdicts in marital conflicts.
Execution of the verdicts in an appropriate and dignified
manner as soon as they are issued should be guaranteed. Also,
care should be taken to maintain good relationships between
the families involved and to prevent any harm to the children.

This Article confirms what was stated in the previous
Article, and adds the institution of mechanisms that lead to the
success of legislation. These mechanisms include facilitating
means of legislation, promptly issuing verdicts in marital conflicts,
and guaranteeing the execution of the rulings as soon as they are
issued in an appropriate and dignified manner so as to maintain
good relationships between the families and so that the children are
not harmed. In this way, the governmental deterrent is
strengthened within the individuals.
Designating this issue as being within the government‟s
sphere of authority is affirmed and encouraged by Islamic Shari‟ah.
***
Article (45)
The Government‟s Responsibility for Successful Family Cohesion
The Government‟s responsibilities include:
1. Establishing various types of social insurance systems.
2. Conducting careful monitoring of the media and
prohibiting the media from presenting bad examples that
discourage youth from thinking about marriage, and
encourage corruption and immorality, which ultimately
lead to the dissolution of the family and its collapse.
3. To see that the educational curriculum that is taught at
different levels includes the level-appropriate scientific
information that is necessary to prepare each student to
form a successful family according to Shari‟ah
regulations.

This Article states some of the government‟s responsibilities
for successful family cohesion:
*Clause (1):
This Clause is based on the principle of social solidarity that
was previously discussed in Article (41) of Part II, in the discussion
on the social deterrent.
*Clause (2):
This Clause is based on a number of texts and narrations:
َ‫بَأَلِد ٌ ي َِب‬ ِ
ٌ ‫شيُ َِبَ لَديي َ َ ََ ُدو َ َهلُ ْد يَ َعد َي‬ َ ‫آس‬ ِ ‫َ إ نن َ لَ ِيي َ ُِ ُّ ِو َنَأَنََت ِش عَ ل َف‬
َ َ
)27 8‫ ) انُىر‬‫ن‬ ِ ِ
َ ‫ُّلكندَْآَو آلخ َْ َو نَُِيَد ْعنْلَ ُ يَوأَنتُ ْ يَالََتد ْعنْلَ ُمو‬
Indeed, those who like that immorality should be
spread [or publicized] among those who have
believed will have a painful punishment in this
world and the Hereafter. And Allah knows and you
do not know. ( 24: 19)
Also, it was narrated by „Abdullah ibn „Amr that the
“Avoid obscenity for Allah does not like obscenity or
abomination.” A man stood up and said, “O messenger of Allah,
which of the Muslims is best?” He answered, “He from whom the
Muslims are safe from the harm of his tongue and his hand.”1 It
was narrated by Abu ad-Dardaa‟ (may Allah be pleased with him)
said, “You are approaching your brothers, so fix your mounts
and your clothing so that you are attractive and distinguished
among the people, for Allah does not love obscenity or
abomination.”2 „Ali ibn Abi Taalib (may Allah be pleased with
him) said, “The person who commits obscenity and the one who
1
2
spreads it are equal in sin.”1 Likewise, Khaalid ibn

Mi‟daan said, “Whoever speaks of what his eyes see and his ears
hear; he is one of those who loves to spread obscenity among the
Believers.”2 „Ata‟ said, “Whoever spreads obscenity, deserves the
same punishment [as the person who committed it] so as to be a
lesson to others, even if he is truthful.”3 Shibl ibn „Awn said,
“They used to say, „Whoever hears of an obscenity and spreads it is
like the one who committed it.”4
*Clause (3):
This Clause indicates that institutions that promote moral
and academic education have a role to play in forming the
individual‟s awareness and understanding of the family by
providing a curriculum that covers everything that promotes the
status of the family within the individual. This curriculum should
also include the concepts, values and skills that enable the
individual to form and build a successful family, to be presented in
a gradual manner through the various educational levels according
to the Shari‟ah regulations that were previously mentioned in
Article (31).
***
1
Saheeh narration, reported by Al-Bukhari in Al-Adab Al-Mufrad, and Al-Bayhaqi in
Shu‟ab Al-Eman.
2
Saheeh narration, reported by Abu Hatim in his exegesis of the Qur‟an.
3
Saheeh narration, reported by Abu Hatim in his exegesis of the Qur‟an.
4
Saheeh narration, reported by Al-Bukhari in Al-Adab Al-Mufrad.
Chapter Between the

III Husband and Wife
This Chapter discusses the solidity of the marital

relationship from beginning to end, and the rights and
responsibilities of each party. These topics are covered in the seven
sections:
Section One: The Preludes to Marriage

Section Two: The Marriage Contract
Section Regulations for the Relationship
Three: Between the Two Spouses
Section Mutual Marital Rights and Responsibilities
Four:
Section Five: The Rights of Parents and Children
Section Six: Polygyny
Section Dissolution of Marriage
Seven:
***
Section One
The Prelude to Marriage
This Section discusses the prelude to marriage, which is

engagement, with respect to its definition and its ramifications, and
the impermissibility of proposing to a woman who is engaged or to
women who are mahrams 1 . These topics are covered in four
articles.
Article (46)
The Definition of "Engagement"
“Engagement” is when a man expresses his desire to
marry a woman and it is accepted by the woman and her
guardian, with a mutual promise to finalize the marriage
contract in the future.

This Article defines the meaning of “engagement.” In most
cases, engagement is a step towards getting married as in most
cases, the marriage is not devoid of it. However, it is not a
condition for the validity of the marriage. Thus, if marriage takes
place without it, it will be valid. Scholars of fiqh differ with regard
to its ruling; some saying that it is permissible and others saying
that it is recommended based on the engagement of the Prophet
(may blessings and peace be upon him) to „A‟ishah, the daughter of
Abu Bakr (may Allah be pleased with them).2 He also was engaged
to Hafsah, the daughter of „Umar (may Allah be pleased with
them).3 Abu Humayd reported that the Messenger of Allah said, “If
one of you proposes to a woman, it is not sinful for him to look at
her if he doing so as a result of his proposal, even if she is not
aware [that he is looking at her].”4
1
Mahram: A person who is impermissible to marry due to the proximity of ties of
consanguinity, affinity, or nursing.
2
Saheeh hadith, reported by Ahmad, Al-Bukhari, and An-Nasaa‟i.
3
Saheeh hadith, reported by Ahmad, Al-Bukhari, and An-Nasaa‟i.
4
Article (47)
The Ramifications of Engagement
Engagement is neither marriage nor is it a quasi -
marriage. It is nothing more than a mutual promise of
marriage between a man and a woman that does not establish
any rights or make any prohibited actions permissible. The
only thing that is permitted between the two people is to look at
each other at the time of the proposal so that they may make
sure that they are content with the other person; during the
engagement, however, the woman remains completely
unrelated to the man in all aspects until the marriage contract
is executed.

This Article clarifies the difference between marriage and
engagement. The factor that divides the permissible from the
impermissible in the marital relationship, with regard to enjoying
each other etc., is the execution of the marriage according to its
conditions, not engagement. Engagement is only a prelude to
marriage, and it does not result in that which is effected by
marriage.
Engagement does not result in the permissibility of anything
other than allowing the man and woman to look at each other to
make sure that each is content with the other person. It was narrated
from Al-Mugheerah ibn Shu‟bah that he proposed to a woman, and
the Prophet (may blessings and peace be upon him) said, “Look at
her, for it is more likely to create love and compatibility
between you.” 1 Also, Jaabir ibn „Abdullah (may Allah be pleased
with him) said:
him) said, “If one of you proposes marriage to a
woman, if he can look at her to see that which will
encourage him to go ahead and marry her, then let him
1
Hasan hadith, reported by Ahmad, At-Tirmidhi, An-Nasaa‟i, Ibn Maajah, Ad-
Daarimi, and Ibn Hibbaan.
do so.” I proposed marriage to a young woman and I

used to hide where I could see her, until I saw that which
encouraged me to go ahead and marry her, so I did. 1
During the engagement, the woman remains completely unrelated
to the man in all aspects until the marriage contract is executed..
Article (48)
The Impermissibility of Proposing to a Woman Who is
Already Engaged
According to Shari‟ah it is not permissible for a man to
propose to a woman who is engaged to someone else, and it is
not permissible for him to try to convince her or her family to
break the engagement so that he can propose to her himself.

This Article clarifies some of the etiquettes of engagement
which include that it is not permissible for a man to propose to
woman who is engaged to someone else, and it is not permissible
for him to try to convince her or her family to break the
engagement so that he can propose to her himself. This is to
prevent any disputes between the two suitors, and because doing so
harms the first suitor. Shari‟ah prohibits this in clear terms, as is
indicated in the words of the Messenger of Allah (may blessings
and peace be upon him), who said, “A man shall not propose over
the proposal of his brother until the he marries [the girl] or
withdraws [the proposal].”2 Also, it was narrated by „Abdur-
Rahman ibn Shimaasah that he heard „Uqbah ibn „Amr on the
pulpit saying that the Messenger of Allah (may blessings and peace
be upon him) said, “The Believer is the brother of a Believer, so
it is not permissible for a believer to make an offer of purchase
for an item his brother has already made an offer on, or to
propose over his brother‟s proposal until he [voluntarily]
1
Hasan hadith, reported by Ash-Shafi‟i in his Musnad, as well as Abu Dawood, Al-
Bazzaar, and Al-Hakim.
2
withdraws it.” 1 It was related from Ibn „Umar (may Allah be

pleased with him) that he used to say, “The Prophet (may blessings
and peace be upon him) prohibited us from making offers of
purchase over each other, and it is not permissible for a man to
propose over the proposal of his brother until the first withdraws
his proposal or gives the second permission to propose.” 2
These hadiths forbid proposing over someone else‟s
proposal to prevent disputes between suitors and to prevent harm to
the first suitor. This ruling is specific to the case of a woman who
has accepted the proposal of the first suitor, who did not give
permission to the second suitor to propose. However, if the woman
did not accept his proposal, then she is not considered engaged, and
it is permissible for anyone to propose to her as long as she has not
accepted the proposal of someone else previously.
There are other rulings related to engagement as well, the
details of which are usually found in books of fiqh.
Article (49)
It is Forbidden to Propose to Women Who Are Mahrams 3
It is not permissible for a man to propose to a woman to
whom marriage is permanently prohibited due the proximity of
their relationship by consanguinity, affinity, or nursing.
Likewise, it is not permissible for him to propose to a woman
with whom marriage is temporarily prohibited until the cause
of the prohibition no longer exists. It is also forbidden for him
to propose, whether directly or indirectly, to a woman who is in
her waiting period due to a revocable divorce until after her
waiting period is over. As for a woman who is in the waiting
period of a final divorce or the waiting period after her
husband‟s death, it is only permissible to propose to her in an
indirect manner, as opposed to a direct manner. Also, is not
1
2
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, An-Nasaa‟i,
and the wording is from Al-Bukhari.
3
Mahram: A person‟s relative of the opposite sex to whom he is related by a certain
degree of proximity of consanguinity, affinity, or nursing.
permissible to propose to a woman who is a polytheist

until she becomes Muslim.

This Article discusses those categories of women to whom it
is forbidden to propose, which are clarified as follows:
* Permanent Prohibition
The women who are permanently forbidden to marry due to
the ties of consanguinity, affinity, or nursing are mentioned in the
Words of Allah the Exalted:
ًَ‫شي‬ َ ‫آس‬ ِ َ‫ََّإ ن َََُّآ َنَف‬ َ َ‫َسنْل‬ ِ ِّ‫ يََ َ ل‬ ِ ِ
َ ‫نآ َإالَ ََآَنَ ْك‬ َ َ ّ َُّ‫ والَتَ ُ َُو َََآَنَ َُ َحَ َ ُؤ‬
ْ ‫َ ُس ََِّْد د‬َ‫َسد د ِِ ل‬
َ‫دتَ َع َنْلد د ْ ُُ ْ يَأُنَ َهد ددآتُ ُُ ْ يَوََدَد ددآتُ ُُ ْ يَوأَ َخد د َدو تُ ُُ ْ ي‬ َ َ ‫وسد ددآ‬
َ َ‫وَ ْقًتد دآ‬
َ
َ‫دلي‬ ِ ‫دتَوأُنَ َهد ددآتُ ُُ ُ يَ لد د‬ ِ ‫و َع نمد ددآتُ ُُ يَو َخد ددآالتُ ُُ يَوَدَد ددآ ُ َ ألَ ِخَوَدَد ددآ ُ َ ألُ ْخد د‬
َ َ ْ ْ
ِ ِ
َ‫َورَ ِد ُِ ُُ ُ يَ لددليَب‬ ِ ِ ِ ِ ِ
َ ‫نددآِ ُُ ْ ي‬ َ ‫ْدآ َعيَوأُنَ َهددآ ُ َن‬ َ ْ‫ يََد َ َ ل ن‬
ّ ُُ ُ‫ْد ْعَ ُُ ْ يَوأَ َخد َدو ت‬َ ‫أ َْر‬
ِِ ِِ
َ‫دليَ َد َخنْلْددتُ يَِبد ن َفَددإنَنَلََْت ُُونُدو َ َد َخنْلْددتُ يَِبد ن َفَددل‬ ِ
ِ ‫نددآِ ُُ ُ يَ ل‬ ِ ِ
ّ َُّ‫ُس ُُدوِر‬
َ ّ‫ يََد َن‬
َ‫دا‬ ْ َ ‫دََأََْدَ ددآِِ ُُ ُ يَ لَد ِديي َ ََِد د ْ َأَ ْ ددلَِ ُُ ْ يَوأ‬
َ ْ ‫َنَِت َم ُع ددوَََْد د‬ ِ
ُ ‫َوسلِ د‬ َ ‫دآحَ َعنْلَد د ْ ُُ ْ ي‬
َ ‫ُجَد‬
ِ
)11- 11 8:‫ ( انُسا‬ ‫ور َ نرس ًَمآ‬ ًَ ‫َََِّآ َنَ َ ُف‬ َ‫ََّإ ننَ ن‬ َ ‫َس َنْل‬ َ ‫ألُ َْخَتد ْ ِا‬
َ ‫َإالََآَ َن ْك‬
And do not marry those [women] whom your
fathers married, except what has already occurred.
Indeed, it was an immorality and hateful [to Allah]
and was evil as a way. * Prohibited to you [for
marriage] are your mothers, your daughters, your
sisters, your father‟s sisters, your mother‟s sisters,
your brother‟s daughters, your sister‟s daughters,
your [milk] mothers who nursed you, your sisters
through nursing, your wives‟ mothers, and your
step-daughters under your guardianship [born] of
your wives unto whom you have gone in. But if you
have not gone in unto them, there is no sin upon
you. And [also prohibited are] the wives of your
sons who are from your [own] loins, and that you
take [in marriage] two sisters simultaneously, except
for what has already occurred. Indeed, Allah is ever
Forgiving and Merciful.  (4: 23)
The women who are permanently forbidden to for a man to
marry are:
His mother: Every female who was a cause in your birth,
and this includes the mother, the mother‟s mothers, the mothers‟
mothers‟ mothers (her grandmothers), the father‟s mother, and the
father‟s mother‟s mothers (his grandmothers), and so on.
His daughter: Every female that you were a cause in her
birth, and whose lineage is connected back to you by birth by one
or more degrees; this includes the man‟s daughter, the daughters of
his daughter, and the daughters of his son.
His sister: Every female who shares with you in one or both
of your origins (meaning your mother and father).
His paternal aunt: Every female who shares in one or both of
your father or grandfather‟s origins. The paternal aunt may also be
from the mother‟s side, in the case of the sister of the father of your
mother.
His maternal aunt: Every female who shares in one or both
of the origins of your mother. The maternal aunt may also be from
the father‟s side in the case of the sister of the mother of your
father.
The daughter of his brother: Every female born to your
brother and this also applies to the daughter of the sister.
The daughter of his wife: She only becomes prohibited for
marriage when the marriage with her mother is consummated, not
just by contracting marriage with the mother. Thus, if a man
divorced a woman before consummating the marriage it would be
permissible for him to marry her daughter.
The wife of his father and the wife of his son: They become
prohibited upon contracting marriage with the father or the son,
even if they are divorced before consummation.
His wife‟s mother: Scholars differ as to whether she
becomes prohibited for marriage by contracting marriage or by
consummation of the marriage, and the preponderant opinion is the
first.
With regard to all of these classifications of women,

if the condition that makes them prohibited to marry is fulfilled,
then it is permanently forbidden to propose to them. This is
because it is prohibited to marry them in the first place, and
considering the fact that engagement is a prelude to marriage, if
marriage to that classification of woman is prohibited, then
everything that leads to it is also prohibited.
The wisdom behind the prohibition of marrying mahrams in
has been addressed in Article (15) of Section Four of the Chapter I.
* Temporary Prohibition:
Engagement is also prohibited with respect to those with
whom to whom marriage is temporarily forbidden, until the factor
that caused the prohibition no longer exists. The women in this
category are:
 The sister of the wife is prohibited as long as her sister is
married to the man. This is based on the Words of Allah the
Exalted:
‫دور َ نر ِس ًم دآ‬ َ‫ََّإ ننَ ن‬
ًَ ‫َََِّددآ َنَ َ ُفد‬ َ َ‫َسدنْل‬
َ ‫َإالََددآَنَ د ْك‬
َ ‫دا‬ ِ ْ ‫داَ ألُ ْخَت د‬
َ ْ ‫َنَِت َم ُعددوَََْد‬
ْ َ ‫ وأ‬
)11 8:‫( انُسا‬
…and that you take [in marriage] two sisters
simultaneously, except for what has already
occurred. Indeed, Allah is ever Forgiving and
Merciful. (4:23)
If the wife were to die or if she were to be divorced and her
waiting period ended, then it would be permissible for the
man to propose to and marry her sister. The wisdom behind
this prohibition is to protect the family ties from being cut,
particularly since it is normal for co-wives to feel jealousy
and avoid each other. For this reason, marrying two sisters
at the same time is likely to lead to severing of the ties
between them.
 The wife‟s paternal or maternal aunt or niece: It is not
permissible to marry a woman and the daughter of her
brother, or the daughter of her sister. This is based on what
was narrated by Abu Hurayrah (may Allah be pleased with
him) that the Messenger of Allah (may blessings and peace

be upon him) said, “Do not marry a woman and her
paternal aunt, or a woman and her maternal aunt at the
same time.” 1The wisdom in forbidding a man from marry
both of these women at the same time is the same as the
wisdom behind the prohibition of marrying two sisters at the
same time, and thus it is forbidden for a man to propose to
one of them while he is married to the other.
 A woman who is married and continues to be officially
married to her husband. This is based on the Words of Allah
the Exalted:
ِ ‫َِ َع َنْلد ُُ يَوأ‬
ََ‫ُسد ن‬ ِ ِ ِ‫ و لْمَصَآ ُ ََِ َ لِّنآ‬
ْ ْ ‫دآبَ ن‬ َ ‫تَأ َُْيَدآنُ ُُ ْ يَََّت‬
ْ َُ ‫آََ َنْل‬
َ ََ‫َإال‬
َ َ َ َ ُْ
‫ا‬ ِ ِ
ََ َ‫نددآف‬ ِ ِ ِ ِ ِ
ْ ُّ ُُ ‫دآَور ََذَل ُُد ْد يَأَنََتد ْ ِدَتدغُددو َِب ََْد َدو ل‬
َ ََ
ُ ْ‫اَ َ ْد َد‬َ ‫ يَُّمص د‬ َ ‫لَ ُُدد يَ نَد‬
)12 8:‫(انُسا‬
 And [also prohibited to you are all] married
women except those your right hands possess. [This
is] the decree of Allah upon you. And lawful to you
are [all others] beyond these, [provided] that you
seek them [in marriage] with [gifts from] your
property, desiring chastity, not unlawful sexual
intercourse.  (4: 24)
If her husband dies or if he divorces her and her waiting
period ends, then it is permissible to propose and marry her.
The wisdom behind this is to avoid transgressing the rights
of others and also to preserve children‟s lineage from being
confused between two men, and this is one of the aims of
marriage, as was previously stated in Article (18) of Section
Five of Chapter I.
 It is prohibited to marry a disbelieving woman if she is not
from the People of the Book (a Jew or a Christian) unless
she becomes Muslim or one of the People of the book.
1
Saheeh hadith, reported by Maalik in his Muwattah and Ahmad in his Musnad, and
Al-Bukhari, and Muslim, and Abu Dawood, and At-Tirmidhi, and An-Nasaa‟i, and Ibn
Maajah and Ad-Daarimi.
َ‫َس د ندََيُد د ْدَِ ن َوألَََد د ٌي ََُّ ْدََِ د ٌيَ َخ ْد د ٌدْ ََِّ د ََُّ ْشد د ََِّْ يٍَولَ د ْدو‬ ِ ِ
َ ‫ َوالَتَ ُ َُ ددو َ ملُ ْشد د ََِّْآ‬
َ‫َسد ندََيُد ْدَُِدو َولَ َع ْ ِد ٌك ََُّد ْدَِ ٌ َ َخ ْ د ٌدْ ََِّد ََُّ ْشد ٍِْكَولَد ْدو‬ ِ ِ
َ ‫أَعْ ََُ ِ د ْت ُُ ْ يَوالَتُ ُ َُدو َ ملُ ْشد َِّْ َا‬
ِ ِ ِ ِ
ُ ِّ ‫وَإَلَ لَن دديَو ل َْم غْ ف د َدْ َِِب ذْنِ د َويُدَ ِد د‬
َ‫دا‬ َ ُ‫َِيَ د ْكع‬ ُ‫َإَلَ لن ددآ ِرَ َو ن‬ َ ‫أَعْ َُ د َد ِ ُُ ْ يَأ ُْولَئِ د‬
َ ‫دكَيَد د ْكعُو َن‬
)112 8‫ (انبمزة‬‫نآس َلَ َع نْلن ُه ْ ي َيَدَت َينَّ ُْو َن‬ ِ ‫ََيتِ ِ َلِنْل‬
And do not marry polytheistic women until they
believe. And a believing slave woman is better than
a polytheist, even though she might please you. And
do not marry polytheistic men [to your women] until
they believe. And a believing slave is better than a
polytheist, even though he might please you. Those
invite [you] to the Fire, but Allah invites to Paradise
and to forgiveness, by His permission. And He
makes clear His verses to the people that perhaps
they may remember. (2: 221)
He also says:
)27 8‫ (انًًتحُت‬َِْ ِ‫ص ِ ي َ ل َُ َو ف‬ ِ ِ
َ ‫والَُتُْن ُُو ََِع‬
…And hold not to marriage bonds with
disbelieving women.…  (60: 10)
The wisdom in this prohibition is achieving separation
between the Muslims and the disbelievers, and the danger of
her influence on the belief and thinking of their children.
The evidence for the permissibility of marrying
women from the People of the Book is found in Allah‟s
Words:
ِ ‫َُْت‬ ِ ِ ‫ُس نََلَ ُُ يَ ل نِ ِآ ُ َوطَع‬ ِ ‫ لْ دومَأ‬
َ‫آَ ُُ ْ ي‬ َ ‫آبَسٌََّلن ُُ ْ ي‬
ُ ‫َوطَ َع‬ َ َ ‫آمَ لنيي َ َأُوتُوَْ ل‬ ُ َ َ َّ ُ ََْ
َْ‫صد دَآ ُ ََِد د َ َ لن د ِديي َ َأُوتُد ددو‬ َ ‫ْم‬
َ ُْ َ‫ل‬ ‫َو‬ ِ ‫دآ‬‫د‬ َِ ‫ِس د ُّدََ نهل دد يَو لْمَصد دَآ ُ ََِد د َ لْم ْد‬
َ ُ َ َ ْ ُ َ ُْ
َ‫َو َال‬ ِ ِ ِ ِ ِ ِ ِ ‫ُْتد‬ ِ
َ‫ا‬ َ َ‫نددآف‬ َ ََُ ْ‫اَ َ ْد َد‬
َ ‫دورُف ن َُّمُْصد‬
َ ‫ُجد‬
ُ ‫دوف ن َأ‬ُ ‫دآبََد َ َن د ْ ِنْل ُُ ْ يَإذَ َ َتد ْدتُ ُمد‬
َ َ ‫ل‬
َ َ ‫آلخ َدِْ ََِد‬
ِ َ‫دآنَ َفد َقد ْكَسد ِِ َ َ َعمنْلُد َُوفدو َِب‬
ََُ َ َ
ِ َ‫َتن ِخ ِييَأَ ْخ َك ٍنَوَ َي ُْفُدَْ ِ ِإلُي‬
ْ َ ََ ُ
)3 8‫ (انًائدة‬ََ ‫آس ِْي‬ ِ َْ
This day [all] good foods have been made lawful,
and the food of those who were given the Scripture
is lawful for you and your food is lawful for them.
And [lawful in marriage are] chaste women from
among the believers and chaste women from among

those who were given the Scripture before you,
when you have given them their due compensation,
desiring chastity, not unlawful sexual intercourse or
taking [secret] lovers. And whoever denies the faith
his work has become worthless, and he, in the
Hereafter, will be among the losers.  (5: 5)
However, there is consensus between scholars that it is hated
for a Muslim man to marry a woman from the People of the
Book if they are at war with the Muslims, as the husband‟s
attachment to her might cause him to live with her in the
land that is at war with Muslims, where their children would
be raised with non-Muslims values and be subject to non-
Islamic rulings, which is a great evil.
Some scholars of Islamic jurisprudence take the
opinion that it is better not to marry women from the People
of the Book at all, except in cases of necessity1 because true
love, deep cooperation, and the safety of the child‟s religion
cannot be achieved unless the parents are united within one
religion, particularly in this day in age when women‟s power
over men has increased. This is also based on the aspect that
it is better for a Muslim man to support a Muslim woman
than anyone else.2
 It is not permissible for a man who has divorced his wife
three times to re-propose to her until she has married
someone else. Allah the Exalted says:
ٍَ ‫ن‬ ِ ٌ ِْ ‫ند‬ ٍ ِ
َ‫فَدإنَطَنْلن َق َهدآ‬........‫دآن‬ َ ‫يحَِب ْس‬ ْ َ‫ندآ ٌك َِِبَ ْع ُدْوفَأ َْوَت‬
َ َ‫ ل نل ُق َََ نََْتنَفَ ْإ‬
)117- 117 8‫(انبمزة‬ُ‫جآَ َ ْد ََْه‬ ًَ ‫َس نَََت ُِ َحَ َز ْو‬ ِ َِ َ‫ف‬
َ ‫لََت ََُّلَ ََُ ْ َََد ْع ُك‬
Divorce is twice. Then, either keep [her] in an
acceptable manner or release [her] with good
treatment. And it is not lawful for you to take
anything of what you have given them unless both
fear that they will not be able to keep [within] the
1
Kamal Ad-Deen ibn Al-Hamam, Fath Al-Qadeer, vol. 2, pg. 372.
2
Sheikh „Ali HasabAllah, Az-Zawaj fee ash-Shari‟ah Al-Islamiyyah, pg. 108.
limits of Allah. But if you fear that they will not

keep [within] the limits of Allah, then there is no
blame upon either of them concerning that by
which she ransoms herself. These are the limits of
Allah, so do not transgress them. And whoever
transgresses the limits of Allah it is those who are
the wrongdoers. * And if he has divorced her [for
the third time], then she is not lawful to him
afterward until [after] she marries a husband other
than him. And if the latter husband divorces her [or
dies], there is no blame upon the woman and her
former husband for returning to each other if they
think that they can keep [within] the limits of Allah.
These are the limits of Allah, which He makes clear
to a people who know.  (2:229-230)
The other husband must have consummated the marriage
before he divorces her or dies. It was narrated by „Urwa ibn
Az-Zubayr that „A‟ishah (may Allah be pleased with her) the
wife of the Prophet (peace and blessings be upon him)
informed him that Rifaa‟ah Al-Qurazi (may Allah be pleased
with him) divorced his wife irrevocably with three divorces
after which she married „AbdurRahman ibn Az-Zubayr. She
went to the Prophet (may blessings and peace be upon him)
and said, “I was married to Rifa‟ah but he divorced me,
making my divorce irrevocable. Afterwards I married Abd
Al-Rahman ibn Az-Zubayr, but all he possesses is like the
fringe of a garment (i.e. he is sexually weak). Thereupon
Allah‟s Messenger (may blessings and peace be upon him)
smiled, and said, “Is it that you wish to return to Rifa‟ah?
(You) cannot until you have tasted his sweetness and he
(„AbdurRahman) has tasted yours.” 1
* The woman who is in her waiting period from a minor
revocable divorce:
1
Ibn Maajah, and Ad-Daarimi, and the wording is from Muslim.
It is not permissible to propose to a woman, whether by clear

wording or metaphorically, until the waiting period has ended. This
is because during the waiting period she is considered a wife de
jure, and it is not permissible to propose to someone else‟s wife, as
has been previously mentioned.
* The woman who is in her waiting period due to the death of
her husband
It is only permissible to propose to a woman in this case by
dropping hints. Allah the Exalted says:
ًَْ ‫ص َ َ ِِبَن ُف ِن ِه ن َأ َْرََد َع َي َأَ ْ ُه ٍْ ََو َع ْش‬ْ ‫ َو لن ِيي َ َيُدَتد َونفد ْو َن ََِ ُُ ْ ي ََويَ َي ُرو َن َأَ ْزَو ًجآَيَدَتد ََْن‬
َ‫ِ َِِبَآ‬ ِ ِ ِ
ُّ ‫آحَ َعنْلَ ْ ُُ ْ يَف َمآَ َفد َعنْلْ َ َِب َأَن ُفن ِه ن َ ِ ل َْم ْع ُْوف ََو‬ َ َ‫َج‬ ُ َ‫َجنْلَ ُه ن َفَل‬ َ ‫فَِإ ذَ َََدنْلَ غْ َ َأ‬
َ‫َخ َْ ِ يَِ لِّ َنآ َأ َْوََأ ََّْ ُت ْ ي‬ ِ ََِ ِ ََِ‫ َوالََجَآحَعَنْلَ ُُ يَفِ مآَعَ نْ ْْت ي‬َ‫تدَ عْمنْلُو َنَ َخ ِِ ري‬
ْ ُ َ ْ ْ َ ُ َ ٌ َ
َْ‫َس ًّْ َإِالنَأَنَتَد ُقولُو‬ ِ ‫ِب َأَن ُف ِن ُُ ي َ َعنْلِ يَ َِّأَن ُُ يَست ْيَُّ ْونَد ه ن َولَدُِ َالنَتُدو ِع ُكوف ن‬
ُ َ َ ُ ُ ََ ْ ُ َ ْ
‫ن‬ ِ ِ
ََِّ َ ‫َجنْلَ ُ ََو عْنْلَ ُموَْأَن‬ َ ‫آب َأ‬
ُ ‫َس نَََيَد ْ ِدنْلُ َغ َ لَُْت‬َ ‫آَوالََتدَ ْع ِزَُوَْ ُع ْق َك ََ لّ َُ ِآح‬ َ ً‫َند ْوالَ نَ ْع ُْوف‬
ِ ِ
- 112 8‫ (انبمزة‬ ‫َس نْل ٌَ ي‬ َ ‫ور‬ ٌ ُ‫ِ َ َف‬ َّ َ ‫آس َي ُروهُ ََو عْنْلَ ُموْ َأَ نن‬ ْ َ‫يَد عْنْلَ ُ ي َََآ َِب َأَن ُفن ُُ ْ ي َف‬
)113
And those who are taken in death among you and
leave wives behind they, [the wives, shall] wait four
months and ten [days]. And when they have fulfilled
their term, then there is no blame upon you for what
they do with themselves in an acceptable manner.
And Allah is [fully] Acquainted with what you do.*
There is no blame upon you for that to which you
[indirectly] allude concerning a proposal to women
or for what you conceal within yourselves. Allah
knows that you will have them in mind. But do not
promise them secretly except for saying a proper
saying. And do not determine to undertake a
marriage contract until the decreed period reaches
its end. And know that Allah knows what is within
yourselves, so beware of Him. And know that Allah
is Forgiving and Forbearing.  (2: 234-235)
* A woman who is in her waiting period from an major
irrevocable divorce:
According to the Hanbali school of jurisprudence, it

is permissible to propose indirectly to a woman who is in her
waiting period after having been divorced three times, as opposed
to proposing marriage directly, and this is the opinion that has been
adopted by the Charter.
* A woman who is in her waiting period from a minor
irrevocable divorce:
It is permissible for the ex-husband to re-propose marriage
directly or indirectly to a woman who is in her waiting period from
a minor irrevocable divorce such as a woman who has been
divorced by khul‟a (where she returns her dowry in exchange for
divorce) or a woman who‟s marriage has been dissolved due to the
husband‟s absence or his inability to support his wife, etc. He may
do so as it is permissible for him to marry her while she is in her
waiting period, and thus, with respect to him, she is like a woman
who is not in her waiting period. However, with respect to all
others, it is only permissible for them to imply their intention of
marriage indirectly, and this is the opinion of the majority of
scholars, and it is the opinion that has been adopted by this Charter.
The meaning of proposing directly or indirectly:
Implying one‟s proposal indirectly means to convey the
meaning in a way that could be understood more than one way,
such as saying, “You are a pious woman” or saying, “I am in need
of a woman.” The Prophet (may blessings and peace be upon him)
proposed indirectly to Fatimah bint Qays when her husband
divorced her three times, saying “When you become permissible,
inform me.” Then he proposed to her on behalf of Usaamah ibn
Zayd,1 and in another wording of the hadith he said, “Don‟t let
yourself slip by us.”2
Another example of an indirect proposal is what was
narrated by Ibn „Abbaas (may Allah be pleased with him) in his
explanation of the Words of Allah:
1
2
َِ‫نآ‬ ِ ِ ِ ِ ِ ِ ْ ْ‫َفِ مآَ َع ن‬

َ ّ‫ْتُ ْ يََ ََ ْ َخ َْ ِيَ ل‬ َ
There is no blame upon you for that to which you
[indirectly] allude concerning a proposal to women
He says, “I want to get married and I hope to find a pious woman.”
1
Likewise, it was narrated from „Abdur-Rahman ibn Al-

Qaasim from his father, that he used to say with regard to the words
of Allah the Exalted:
َ‫ن ددآِ َأ َْوَأَ ََّْد ْد ددتُ ْ ي َِب‬ ِ ِ ِ ِ ِ ِ ْ ْ‫ والَجَ ددآحَ َعنْلَد د ْ ُُ يَفِ م ددآَ َع ن‬
َ ّ‫ْ ددتُ ْ يََد د ََد د ْ َخ َْ ِ دديَ ل‬ َ ْ َ ُ َ
َ‫َس د ًّدْ َإِالَأَ ْن‬ ِ ‫أَنْد ُف ِن د ُُ يَ َعنْلِ دد يَ نَِأَ ن ُُدد يَس ددت ْي َُّْونَده ن َولَ ُِ د َالَتُدو ِعد د ُكوف ن‬
ُ َ ْ َ ُ ُ ََ ْ ُ َ ْ
‫َتدقُولُو َ َند َْوالَ ََ ْع ُْوفًآ‬
There is no blame upon you for that to which you
[indirectly] allude concerning a proposal to women
or for what you conceal within yourselves. Allah
knows that you will have them in mind. But do not
promise them secretly except for saying a proper
saying. 
“This means that a man says to a woman while she is in her waiting
period after her husband has died, „You are very dear to me, and I
am interested in you, and Allah is sending you beneficence and
provision‟ and other similar words.‟”2 „Ata‟ explained this saying:
It [the proposal] should be phrased indirectly without
explicitly revealing the intention, such as saying
something like, “I need something”, “I have good
news for you”, or “Praise be to Allah, you have many
suitors.” And she should respond with something
like, “I hear what you are saying.” without making
any promises.3
1
Saheeh narration, mentioned by Al-Bukhari with a hanging chain of narration in his
Saheeh.
2
Saheeh narration, reported by Maalik in his Muwatta‟ and Al-Bukhari mentioned it
with a hanging chain of narration in his Saheeh.
3
Saheeh narration, reported by At-Tabari in his exegesis of the Qur‟an, and also by
„Abd Ar-Razzaq in his book, and Al-Bukhari mentioned it with a hanging chain of
narration in his Saheeh.
In short, it is forbidden to propose with direct

wording to any women who are in a waiting period; while it is
permissible to imply the proposal to a woman whose husband has
passed away, forbidden in the case of a woman who is in the
waiting period of a revocable divorce, and disagreed upon with
regard to a woman whose divorce is irrevocable.
***
Article (50)
Breaking the Engagement and its Ramifications
According to Shari‟ah it is abhorred for either the fiancé or the
fiancée to break the engagement unless it is broken for a
Shari‟ah recognized interest, such as upon discovering a
deficiency in the religious practice or the manners of the other
person such as deviant behavior or a psychological issue that is
difficult to bear. In the case that either party breaks the
engagement, the Shari‟ah rulings should be referred to in order
to determine each party‟s rights and obligations.

This Article discusses one of the etiquettes of engagement;
that neither the fiancé nor the fiancée should break the engagement
unless it is for a Shari‟ah recognized interest, such as a deficiency
that appeared in the religious practice or manners of the other
person, or upon discovering deviant habits or a psychological issue
that is difficult to bear. According to Shari‟ah, it is abhorred for
either party to break the engagement, as in principle, doing so
involves the breaking of a promise. It was related by Abu
Hurayrah (may Allah be pleased with him) that the Prophet (may
blessings and peace be upon him) said, “There are three signs of a
hypocrite: if he speaks, he lies, if he promises he breaks his
promise, and if he is entrusted he betrays.” 1 Also, it was narrated
by „Abdullah ibn „Amr (may Allah be pleased with him) that the
Prophet (may blessings and peace be upon him) said:
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, At-Tirmidhi, and An-Nasaa‟i.
There are four, who if they have these traits, they

are a complete hypocrite, and whoever has one of
these traits has a trait of hypocrisy until he gives it
up; If he is entrusted he betrays, if he speaks he
lies, if he promises he breaks his promise, and if
he becomes angry he becomes obscene.1
It was related by Ibn „Abbaas (may Allah be pleased with him) that
the Prophet (may blessings and peace be upon him) said, “Do not
dispute with your brother, do not make fun of him, and do not
promise him something and then break your promise.” 2
Scholars of fiqh concurred that whoever promises something that is
not prohibited, should fulfill his promise; however, the scholars
differed as to whether this is obligatory or recommended. This
Charter has taken the opinion that it is recommended, and thus it
states, “According to Shari‟ah it is hated.”
The second reason a person should avoid breaking his
promise is the warning that the Messenger of Allah (may blessings
and peace be upon him) mentioned in the hadith that was narrated
by Abu Hurayrah (may Allah be pleased with him) that the
“If someone comes [to propose] to you and you are satisfied
with his religion and his manners, then marry him, otherwise
there will be sedition in the earth and widespread corruption.” 3
This Article mentions that the Shari‟ah rulings should be
referred to in determining the rights and obligations of each party if
one of them calls off the engagement, and these details are found in
fiqh reference books.
***
1
and An-Nasaa‟i.
2
Hasan hadith, reported by At-Tirmidhi.
3
Hasan hadith, reported by At-Tirmidhi and Ibn Maajah.
Section Two
The Marriage Contract
This Section discusses the factors that are essential to the

success of the family, the nature of the marriage contract with
regard to its Shari‟ah ruling, the conditions under which marriage
is obligatory, the conditions of valid marriage, the right to stipulate
conditions when contracting the marriage, and the easing of the
expenses of marriage. These topics are covered in four articles.
Article (51)
Essential Factors for the Success of the Family
Islamic Shari‟ah has determined the criteria for a
successful marriage. Both spouses should make their choice
based them as doing so achieves the interest of the Muslim
community and the family in general, and the children in
specific.
The criteria include: Correctly following the religion and
having noble manners and a good upbringing, as well as other
characteristics that may also be sought.
The essential factors for a successful marriage include:
Taking compatibility in age, culture, and social environment
into consideration, and making sure that both spouses are free
of any serious repugnant, contagious, or hereditary diseases.

This Article clarifies the factors that are essential to the
success of the family that are related to making a good selection in
choosing one‟s life partner by taking the mentioned characteristics
into consideration. This Article is based on a number of texts.
1. It was narrated by Abu Hurayrah (may Allah be pleased
with him) that the Prophet (may blessings and peace be upon him)
said, “A woman is married for four traits: her wealth, her
status, her beauty, and her religion; so win by marrying the
religious woman.” 1
2. It was related by „Abdullah ibn „Amr (may Allah be
peace be upon him) said:
Don‟t marry women for their beauty, for their beauty
may be the cause of their fall, and don‟t marry them for
their wealth, for their wealth may make them rebellious.
Instead, marry them for their religion, and a religious
black slave woman with a cut off nose and holes in her
ears is better [than someone who is not religious]. 2
3. It was related by Abu Hurayrah (may Allah be pleased
with him) that the Messenger of Allah (may blessings and peace be
upon him) said, “If someone comes [to propose] to you and you
are satisfied with his religion and his manners, then marry him,
otherwise there will be sedition on Earth and widespread
corruption.” 3
4. It was narrated by „A‟ishah (may Allah be pleased with
her) that the Messenger of Allah (may blessings and peace be upon
him) said, “Choose well for your sperm and marry those women
and men who are compatible.” 4
These hadiths, as a whole, indicate the principle of making a
good choice in spousal selection.
 Hadiths (1), (2), and (3) indicate the criteria of religious
observance.
 Hadith (4) indicates the criteria of compatibility.
It should be mentioned here that it is recommended to
perform a medical examination before marriage to assure that there
are no serious contagious diseases that could negatively affect the
1
Saheeh hadith, reported by Al-Bukhari, Muslim, Abu Dawood, An-Nasaa‟i, Ibn
Maajah, and Al-Bayhaqi.
2
Weak hadith, reported by Ibn Maajah, Ibn Hibbaan in his Saheeh, Al-Bayhaqi, Al-
Bazzaar, and Ibn Abi Dunya.
3
Hasan hadith, reported by At-Tirmidhi and Ibn Maajah. Al-Hakim, and Al-Bayhaqi.
4
Saheeh hadith, reported by Ibn Maajah, Al-Hakim in Al-Mustadrak , and Al-Bayhaqi
in As-Sunan Al-Kubra.
marital relationship, particularly in families where such

diseases have afflicted other family members. By doing so, the
decision can be made to go forward with the marriage or to abstain
from it, based on solid evidence.
***
Article (52)
When Marriage is Considered Obligatory
Based on the circumstances, marriage in Islam may be
subject to any of the five Shari‟ah rulings; obligation,
recommendation, permission, abhorrence, and prohibition.
Islamic Shari‟ah considers marriage to be obligatory in the case
of anyone who fears that he may fall victim to temptation, and
who is at the same time capable of handling the material
burdens of marriage.

This Article discusses the types of Shari‟ah rulings with
regard to the Muslim. In this context, we mean by Shari‟ah ruling:
The Shari‟ah description that Allah has assigned to an action of a
person who is accountable according to the conditions of Shari‟ah;
whereby Allah, the Sole Lawmaker, describes a specific action as
being forbidden, permissible, etc.
The application of the Shari‟ah rulings to marriage
In some cases, marriage is obligatory; if the person believes
that if he does not get married, there is an overwhelming likelihood
that he will not be able to prevent himself from committing
adultery or fornication by fasting or other such means, and at the
same time, he is capable of providing the financial support for
marriage, including the dowry, the wife‟s financial support, and the
Shari‟ah stipulated marital rights. The reason for this is that every
person is obliged to keep himself chaste and to protect himself from
committing forbidden acts, and anything that is necessary to
perform something that is obligatory, is considered obligatory in
and of itself, and thus, in this case, the means of keeping chaste is
marriage.
In some cases marriage is recommended: if the person has a

moderate temperament, such that he does not fear that he will
commit adultery or fornication if he does not get married, and he
does not fear that he will oppress his wife if he does get married.
This moderate position is the most common position among people,
and this is based on the words of the Prophet (may blessings and
peace be upon him) “O young people! Whoever among you can
marry, should marry, because it helps him lower his gaze and
guard his modesty (i.e. his private parts from committing illegal
sexual intercourse etc.).”1 It is also based on his statement (may
blessings and peace be upon him), “As for me, I am the most
fearing of Allah and the most pious to Him, however, I fast and
I break my fast, I pray and I rest, I marry women, and whoever
turns away from my Sunnah is not from me.” 2
Some scholars said that in this case, the ruling related to
marriage is permissibility3 ; thus it is allowed marry or not to marry,
but, it is better to keep oneself free for worship or to busy oneself
with the pursuit of knowledge based on the fact that Allah the
Exalted praised Yahya (John) (peace be upon him) by describing
him as being, “honorable and abstaining” (Qur‟an 3:39). This
indicates that he abstained from having relations with women, even
though he was capable of marrying, and if marriage were more
virtuous, then he would not have been praised for having abstained
from it.
In some cases the ruling regarding marriage is abhorrence: in
the case that the person fears that he might commit oppression or
harm if he gets married, due to his inability to provide financially,
or fearing that he will not treat her well, or that he might lose his
desire for women.
In some cases marriage is prohibited; if the person is sure
that he will oppress or harm his wife if he gets married, for
example, if he is unable to provide for the expenses of marriage, or
1
2
3
This is the opinion of Imam Ash-Shafi‟i.
if it is established that he is unable to have intercourse with

women due to some physical or other defect. The reason for this
ruling is that everything that leads to something that is forbidden, is
forbidden in and of itself.
***
Article (53)
Conditions for the Validity of the Marriage
The marriage contract must be executed in the presence
of two witnesses and the wife‟s guardian should execute the
contract; however, it is permissible for any woman who has
been previously married to execute the contract by herself if it
is proven that her guardian is preventing her from getting
married, or if she has no guardian. It is recommended that the
marriage be announced by holding a banquet in celebration of
the marriage and to express happiness and joy.

This Article clarifies the conditions for the validity of the
marriage which are as follows:
The first condition: The presence of two witnesses; the
majority of scholars of jurisprudence are of the opinion that
witnessing the contract of marriage is a condition for its validity,
and that it must be contracted in the presence of two male
witnesses. This is the opinion of Abu Haneefah and Ash-Shafi‟i
and his companions, and it is the opinion adopted by the Charter.
Imam Maalik and other Maliki scholars took the opinion that it is
not obligatory to witness the marriage contract, and it is sufficient
for it to be announced and made known.
The evidence for the stipulation of the presence of two
witnesses for the marriage contract is found in the words of the
Prophet (may blessings and peace be upon him) “There is no
marriage except with the guardian and two morally sound,
witnesses.” 1 Also, it was narrated by Abi Az-Zubayr Al-Makki

that „Umar ibn Al-Khattaab (may Allah be pleased with him)
rejected a marriage that was only witnessed by a man and a woman.
He said, “This is a secret marriage and I will not approve it, and if I
could go back in time I would have stoned them.”2 Scholars of
fiqh have stipulated conditions for the validity of the witnesses the
details of which can be found in fiqh references.
Many of scholars of fiqh view that one of the conditions for
the validity of the marriage is that there is no agreement to conceal
it, an arrangement that is known as a “secret marriage” or a
“concealed marriage”. Such marriages are considered invalid and
the spouses are punished if they agreed to conceal it, as well as the
witnesses, if they intentionally concealed the marriage.
Announcing the marriage with a celebration and banquet:
It is recommended to announce the marriage by holding a
banquet to celebrate it and to express happiness. It was related by
Anas ibn Maalik (may Allah be pleased with him) that
„AbdurRahmaan ibn „Awf (may Allah be pleased with him) came
to Allah‟s Messenger (may blessings and peace be upon him) and
he had marks of yellow perfume. Allah‟s Messenger (may blessings
and peace be upon him) asked him [about the marks], upon which,
he replied that he had married a woman from the Ansaar. The
Prophet (may blessings and peace be upon him) asked, “How
much dowry did you pay her?” He replied, “I paid gold equal to
the weight of a date-stone.” The Messenger of Allah (may blessings
and peace be upon him) said to him, “Hold a wedding banquet,
even if it is (only) with one sheep.” 3 Also, the Prophet (may
blessings and peace be upon him) held a banquet to celebrate his
marriage to Safiyyah bint Huyayy with dates, dried yoghurt, and
ghee. The ground was prepared and the dates, dried yoghurt, and
1
Saheeh hadith, reported by Ibn Hibbaan in his Saheeh, and Ad-Daaraqutni, and Al-
Bayhaqi in as-Sunnan, and At-Tabarani in Al-Mu‟jam Al-Awsat.
2
Hassan narration, reported by Maalik in Al-Muwatta‟
3
Saheeh hadith, reported by Maalik in his Muwatta‟, Ahmad in his Musnad, and Al-
Bukhari, Muslim, Abu Dawood, At-Tirmidhi, An-Nasaa‟i, Ibn Maajah, and Ad-
Daarimi.
ghee were brought and spread out on a leather skin and the
people ate until they became full.1 Also, Anas (may Allah be
pleased with him) said, “I never saw the Messenger of Allah (may
blessings and peace be upon him) hold a marriage banquet like that
which he held when he married Zaynab, when he slaughtered a
sheep.”2 It was reported by „A‟ishah (may Allah be pleased with
her) that she took a bride to present her to her new husband who
was a man from the Ansaar. The Prophet (may blessings and peace
be upon him) asked her, “„A‟ishah, didn‟t you have any
entertainment? The Ansaar are a people who are fond of
entertainment.” 3 It was reported by Jaabir (may Allah be pleased
upon him) said to „A‟ishah, “Did you take the girl to her
[marital] home?” She answered, “Yes.” He replied, “Why didn‟t
you send someone with them to sing to them, „We have come to
you, We have come to you, Greet us as we greet you‟ for the
Ansaar are a people who love poetry.” 4 Also, the hadith,
“Differentiate between the permissible and the impermissible with
the drum and the voice in marriage” has already been previously
mentioned.5
The second condition: That the woman‟s guardian contract
the marriage on her behalf and it is permissible for a woman who
has been previously married to do this herself if it is proven that her
guardian is preventing her from getting married, or if she does not
have a guardian.
There is a standing disagreement with regard to establishing
guardianship for a mature, sane woman who has reached the stage
of sound judgment, regardless of whether she is a virgin or not.
Scholars of fiqh differed with regard to whether or not it is
1
Saheeh hadith, reported by Ahmad, Al-Boyar, An-Nasaa‟i, Abu Dawood, Ibn
Maajah, and the wording is from Muslim.
2
Nasaa‟i, Ibn Maajah, and the wording is from Muslim.
3
Saheeh hadith, reported by Ahmad and Al-Bukhari, and the wording is from Al-
Bukhari.
4
5
Hasan hadith, reported by Ahmad, At-Tirmidhi, An-Nasaa'i, and Ibn Maajah.
obligatory in her case, and with regard to the validity of the

marriage if she contracts it herself. Each of the two sides have
textual and logical evidence to support their opinion, however, this
Charter has adopted the former opinion which is: The stipulation
that the guardian must execute the marriage contract if the
bride is a virgin, and if the woman has been previously
married, it is permissible for her to execute the contract herself
if it is proven that her guardian is preventing her from getting
married or if she does not have a guardian.
The wisdom in choosing this opinion is to put an end to the
coruption that has spread with the increase in secret marriages
(known as “urfi" marriages) in our modern day in age, and the false
claim that it is a Shari‟ah sanctioned form of marriage, although in
actuality, it has been proven to pose a threat to the rights of the wife
and the children.
The meaning of “guardian” in the text of the Article is the
person who has the right to give a woman in marriage, either
allowing or forbidding, and this person is the father, the brother, the
father‟s brother, or others according to the circumstances.
In this context, “virgin” means a woman whose hymen has
not been ruptured as the result of intercourse, whether lawful or
unlawful. The term “matron” refers to a woman whose hymen
has been broken due to intercourse, even if it the result of unlawful
intercourse, and the terms “virgin” and “matron” are opposite
terms.
The meaning of “preventing her” is the guardian‟s refusal
to allow his ward (who is a matron) to marry a person who is
compatible for her in a situation wherein it is obligatory for him to
marry her to him.
The meaning of “does not have a guardian” is that her
guardian is absent, such that if they were to wait for his return or to
ask his opinion, they would miss the chance to marry the
compatible person who came to propose to the woman. Thus, the
issue does not depend on a certain distance, especially in this day in
age when other cities and countries have become much closer [as a
result of the available technology].

In principle, it is forbidden for the guardian to prevent the
woman from marrying a suitable man who has proposed because
doing so is a form of oppression and is harmful to the woman as it
prevents her from exercising her right to married to the person she
approves of. This is based on the prohibition that Allah the Exalted
addresses to guardians, in His Words:
َ ِ‫وفَ َذل‬
َ‫دك‬ ِ ْ‫ْدو ََد دَده يَ ِ لْم ْعد‬ ِ ِ
ُ َ ْ ُ ْ َ ْ َ َْ ‫وف ن َأَ ْنَيَد ُْ َْ َ َأَ ْزَو َج ُهد ن َإ َذ ََتد‬ ُ ُ‫ضنْل‬ُ ‫ َفل ََتد ْع‬
ِ ِ ِ ِ ِ ِ ِ ِ ُ ‫يو َع‬
َُْ ‫َوأَط َْه‬ َ ‫ظ ََِ َََ ْ َََّآ َنََ ْ ُُ ْ يَيَدُ ْدَ ُ َ ِ ن‬
َ ‫َو لَْد ْوَمَ آلَخ َِْ َذل ُُ ْ يَأَ ْزََّىَلَ ُُ ْ ي‬ ُ
)111 8‫ (انبمزة‬‫ن‬ َ ‫َوأَندْتُ ْ يَالََتد ْعنْلَ ُمو‬
َ ‫َُِيَد ْعنْلَ ُ ي‬
َ‫َو ن‬
… do not prevent them from remarrying their
[former] husbands if they agree among themselves
on an acceptable basis. That is instructed to
whoever of you believes in Allah and the Last Day.
That is better for you and purer, and Allah knows
and you know not. (2: 232)
This ruling applies whether she wants to get married with a
dowry like that which is commonly given to girls similar to her or
not, as was stated by the Shafi‟i and Hanbali scholars. The dowry
is a right and compensation that pertains to her, and thus it is not
the guardian‟s right to object to it. This is also evidenced by the
fact that if a woman absolves her husband of the dowry after it has
become an obligation that is due of him, it will be absolved in full,
and thus, in this case, she has even more right to absolve him of
part of it if she chooses to do so.
If a woman wants to marry someone who is compatible with
her and her guardian wants to marry her to someone else who is
also compatible, then, according to the Hanbalis, the guardian is
obliged to execute her choice on her behalf, marrying her to the
compatible man of her choice in order to protect her chastity. In
the case that the guardian refuses to marry her to the man she
desires, he shall be considered to be “preventing her” and this is the
opinion of the Hanafis that some of them declared to be the
predominant ruling.1
If, in such a situation, the closest male guardian refuses to
marry her to her choice, the Article states that the right to execute
the marriage is transferred to the matron herself, out of
consideration for the woman‟s interest and so that there is no delay
in stopping her guardian from oppressing her by preventing her
from getting married, or by delaying the procedures related to
execution of the contract by a judge. This is the opinion of some of
the scholars of fiqh and it is indicated by some of the Prophet‟s
hadiths.
Other scholars took the opinion that the guardianship is
transferred to the next closest person who is suited to be her
guardian, or to the judge, or whoever takes his place in the Muslim
community if there is no judge (such as those who run the Islamic
centers and the mosques in the west, and those to whom the
Muslims refer to in their religious affairs).
Being that the trend of “preventing” is spreading and is a
cause of serious harm to the individual and the society, it is
obligatory to work to cure it in the Muslim society by limiting or
preventing it. The most important aspect in this context is the
division between the Shari‟ah rulings and culture and customs;
which is followed by increasing Muslim awareness of the benefits
of adhering to the Shari‟ah rulings that Allah ordained, by way of
specialized booklets and periodicals; and working to form
arbitration boards that can be referred to in such affairs.
The previous rulings related to preventing marriage are
referred to in the Words of Allah:
َ َ َْ ُِ ‫وف ن َأَنَيَد د د‬ ُ ُ‫ض د د دنْل‬
ُ ‫َجنْلَ ُه د د د ن َفَد د ددلََتد ْع‬
َ ‫ند د ددآ ََ َفد د د دَ ِدنْلَغْ َ َأ‬
ِ
َ ّ‫ وإذَ َطَنْلن ْقد د ددتُ ُ يَ ل‬
َ‫ظََِ د ِ َََد َََّددآ َن ََِ د ُُ ْ ي‬ َ ‫دْوفَ َذلِد‬
ُ ‫دكَيدُدو َع‬ ِ ‫ْددو ََد دَده يَ ِ لْمعد‬
ُ َ ُ ْ َ ْ َ َْ ‫أَ ْزَو َج ُهد ن َإ َذ ََتد‬
َ‫آلخ د َِْذَلِ ُُد ْد يَأَ ْزََّددىَلَ ُُد ْد يَوأَط َْهد ُدَْو نَُِيَد ْعنْلَد ُد يَوأَن ددتُ ْ يَال‬ ِ َ‫َِو ل ددوِم‬ ِ ِ
ْ َ ‫يُد ْددَ ُ َ ِ ن‬
)111 8‫ (انبمزة‬‫ن‬ َ ‫َتد ْعنْلَ ُمو‬
And when you divorce women and they have
1
See Al-Mawsou‟ Al-Fiqhiyyah, vol. 30, p. 146
fulfilled their term, do not prevent them from

remarrying their [former] husbands if they agree
among themselves on an acceptable basis. That is
instructed to whoever of you believes in Allah and
the Last Day. That is better for you and purer, and
Allah knows and you know not. (2: 232)
Also, Ma‟qil ibn Yasaar (may Allah be pleased with him) said:
A sister of mine married a man, then he divorced her.
When her waiting period was over, he came and
proposed marriage to her (again), and I said to him,
“She married you, was intimate with you and honored
you, then you divorced her, and now you come to
propose marriage again! No, by Allah, she will never
go back to you.” There was nothing wrong with the
man, and she wanted to go back to him. Then Allah
revealed these words, “Do not prevent them” So I
said, “I will do it now, O Messenger of Allah.” He
said, “So he married her to him.”1
The majority of scholars took the opinion that stipulates the
condition that the guardian should execute the marriage contract on
behalf of the woman, whether she is a virgin or a matron. This
opinion is indicated by a number of proofs, including the words of
the Prophet (may blessings and peace be upon him) “Do not marry
except with a guardian and two upright witnesses.” 2 Also, It was
narrated by „A‟ishah (may Allah be pleased with her) that the
Any woman who marries without the permission of
her guardian, her marriage is invalid, her marriage
is invalid, her marriage is invalid! If the marriage
has been consummated, then the dowry is hers,
because she has permitted [the man] to be intimate
1
Saheeh hadith, reported by Al-Bukhari, Abu Dawood, At-Tirmidhi, and At-Tabari in
his exegesis of the Qur‟an.
2
Saheeh hadith, reported by Ibn Hibbaan in his Saheeh, Ad-Daaraqutni, Al-Bayhaqi in
his Sunnan and At-Tabarani in Al-Mu‟jim Al-Awsat.
with her. If [the guardian] refuses to arrange her

marriage, then the ruler is the guardian of the one
who has no guardian.” 1
Likewise, it was narrated by Abu Hurayrah (may Allah be pleased
upon him) said, “A woman does not conduct marriage for a
woman, and a woman does not conduct marriage for herself.” 2
There are other textual and logical proofs as well, and there are
other views in Islamic fiqh, and whoever desires more details
should refer to the longer references of fiqh. 3
In conclusion: the differences regarding the stipulation of the
guardian in the execution of the contract of marriage are valid
differences for the importance placed on the agreement of the
guardian when conducting the marriage contract is required
religiously and socially. This Article affirms this stipulation in the
case that the woman is a virgin, in application of the verdict of the
majority of scholars of jurisprudence; for in this case, the guardian
is more knowledgeable regarding her interests and she may not
have the necessary social experience that qualifies her to take a
decision independently. However, if the situation requires that the
woman marry herself without a guardian due to specific
circumstances, such as not being able to seek his permission if his
whereabouts are unknown, or if he refuses to let her marry, then
there is no harm in applying the verdict of those who do not
stipulate that the contract of marriage must be executed by the
guardian. This is the opinion that was adopted in this Article,
however, it limited this situation to cases where the woman is a
matron, in order to avoid the independent marriage of virgins,
especially in this day in age, and this is the opinion of this Charter
on this subject.
***
1
Saheeh hadith, reported by Ahmad, Abu Dawood, At-Tirmidhi, and Ibn Maajah.
2
Saheeh hadith, reported by Ibn Maajah and Ad-Daaraqutni.
3
See. Dr. Wahbah Az-Zuhayli, Al-Fiqh Al-Islami wa Adillatuh, vol. 7, pg. 194; see
also Hashiyyat ibn „Abideen vol. 2, pg 407.
Article (54)
The Right to Stipulate Conditions in the Marriage Contract
During the execution of the marriage contract, the wife
may stipulate any conditions on her husband that she feels will
assure her comfort or meet her needs, so long as the conditions
are permissible and do not contradict the essence of the
marriage contract. For example, she may stipulate the right to
divorce herself without negating the man‟s right to divorce, or
she may stipulate that he cannot force her to leave the country
or take another wife. Likewise, she may stipulate the right to
work outside of the house, and it is up to her to decide the
consequence for any violation of the conditions she stipulates.
The man also has the same right to add conditions; such as
stipulating that she will live with him in his family‟s home, or
that she will travel with him to wherever he works.

This Article discusses the stipulations that supplement the
marriage contract, their types, and their rulings:
1. These conditions include those that must be fulfilled, as they
are requirements and aims of the contract, and do not change
any of the rulings of Shari‟ah; for example a wife‟s
stipulation that her husband shall treat her in an equitable
manner, and that he shall not be negligent in fulfilling her
rights; or the husband‟s stipulation that no one shall enter his
home without his permission... and other similar
stipulations.
2. There are also conditions that must not be fulfilled as they
negate the essence of the contract, however, the contract
remains valid and effective; for example a man‟s stipulation
that he will not have marital relations with his wife. This
and other similar conditions are invalid because they
contradict the essence and aims of the contract, and they
deny rights that are made obligatory by virtue of the
marriage contract. Ignorance of the rulings in such cases is

of no consequence, so the conditions are invalidated and the
contract remains valid and in effect.
3. There are also conditions that the woman or her guardian
may stipulate that procure a benefit for her, or permissible
issues that she believes will be more likely to assure her
comfort and meet her needs that do not contradict the
essence of the marriage contract. Such conditions include
stipulating that she has the right to divorce herself without
taking away her husband‟s right to divorce, or that he cannot
force her live abroad, or that he should not marry another
wife, or to stipulate her right to work outside the home and it
is the wife‟s prerogative to impose a consequence if any
condition is violated. The man also has the right to stipulate
conditions such as that she will live with him in his family‟s
house or that she will travel with him wherever he works.
Scholars differ with regard to these stipulations:
The first opinion: That the marriage is valid, but that it is
not obligatory to comply with these stipulations. This is the
opinion of Abu Haneefah, Ash-Shafi‟i, and other scholars.
The second opinion: That it is obligatory to comply with
these conditions‟ this is the opinion of the Hanbalis and
some of the Companions (may Allah be pleased with them),
and it is the opinion that has been adopted in this Charter.
It was related by „Uqbah ibn „Amir (may Allah be pleased
with him) that the Messenger of Allah (may blessings and
peace be upon him) said, “The conditions that are most
deserving to be fulfilled are those by which sexual
relations become permissible.” 1 „Umar (may Allah be
pleased with him) said, “Muslims are accountable to fulfill
their conditions when the rights of the parties conflict.”
Another narration states, “Conditions are imposed in the
case of conflicting rights; and she is due that which she has
1
An-Nasaa‟i, and Ibn Maajah.
stipulated.”1 The husband shall comply with fulfilling the

condition even if he must be forced to do so, except in the
case that they agree to a certain consequence for not
fulfilling it, in which case he must abide by that
consequence.
4. There are also conditions that Shari‟ah does not permit, and
explicitly forbids; these conditions are not given any
significance and it is forbidden to fulfill them, such as in the
case of a woman who stipulates at the time of the marriage,
that her husband must divorce his first wife if he is already
married to another woman. It was related by Abu Hurayrah
(may Allah be pleased with him) that the Prophet (may
blessings and peace be upon him) said, “It is not
permissible for a woman to ask that her sister be
divorced in order to take her place, for she will only get
what has been destined for her.”2 Also, it was related by
Abu Hurayrah (may Allah be pleased with him) that the
forbid women from stipulating the divorce of their sister [in
humanity].”3
If it were to be asked: What is the difference between this
condition and between the condition that he is not to marry another
wife as long as she is married to him, making the third category of
conditions valid, and the fourth category invalid (where the woman
asks her husband to divorce his first wife)? The answer is that the
difference between these two situations is that the stipulation that
the husband divorce his first wife is hurtful to her; it breaks her
heart, destroys her home, and causes her enemies to gloat over what
she has lost. On the other hand, the condition that the husband does
not marry anyone else does not lead to any of these results. For this
reason, Shari‟ah texts differentiate between the two cases, and
polygyny is one of the permissible matters that may be forbidden or
1
Saheeh narration, reported by Al-Bukhari, and Sa‟eed ibn Mansoor related it in its
connected form in his Sunnan.
2
3
Saheeh hadith, reported by Ahmad and Al-Bukhari
limited if doing so achieves an interest, as opposed to divorce,

which of all permissible matters, it is the most hated to Allah; and
because of this, it is not permissible to equate these two different
types of conditions.
***
Article (55)
Easing the Costs of Marriage
Islamic Shari‟ah forbids making the dowry excessively
expensive or making material issues extremely difficult, to the
extent that the marriage becomes a bartering transaction for
material things as doing so lowers the woman‟s distinguished
position and the value of the marital relationship, which is a
non-material bond built on tranquility, love, and mercy.

This Article discusses way that Islamic Shari‟ah has eased
the costs of marriage by prohibiting people from making the dowry
excessively expensive or making the conditions related to material
issues extremely difficult. This was previously mentioned in Clause
(4) of Article (22) of Section One of Chapter II. The difference
between the two places where they are mentioned is that Article
(22) states that this is considered one of the obligations of the
Muslim community and a sign of its concern for the interest of the
group, wherein the guardian takes the place of the community by
taking the measures that assure that this obligation will be fulfilled.
The issue that has been mentioned here is a religious pursuit that is
encouraged by Shari‟ah confirming the Muslim community‟s
obligations and that the individual adheres to it when getting
married.
***
Section Three
Regulations for the Relationship Between the
Spouses
This Section explains the regulations pertain ing to the

relationship between the spouses, it clarifies that equality is the
general rule between the spouses except in matters that have been
specified, and it discusses the moral values and manners of
marriage. It also affirms an important basic principle which is
women‟s independent competence. Then this Section clarifies the
man‟s responsibility towards his family, and the extent of the
woman‟s responsibility towards her home. These topics are
covered in five articles.
Article (56)
General Equality Between the Spouses Except in Specific Matters
The general principle in Islam is total equality between
men and women, and it is stipulated by Shari‟ah in most of
life‟s affairs. The exception to this principle is that each of
them are responsible for some duties that the other cannot
perform due to the nature of their physical or psychological
constitution, or their personal characteristics.
There is nothing in Shari‟ah that prohibits dividing the
social burdens between the man and the woman in a manner
that achieves the interest of the family and the society.

This Article discusses Islam‟s general principle of equality
between men and women, except in those affairs that are particular
to each sex. These affairs have been previously mentioned in
Articles (4) and (5) of Section Two of Chapter I. They are also
mentioned in Sections (6), (7), (8), and (9) of Section Three of the
Chapter I.
***
Article (57)
Moral Values and Manners
On the basis of this general principle that has been
mentioned in Article (56), the marital relationship is built on a
number of moral values, manners, and Shari‟ah regulations:
1. Mutual love, mercy, trust, and cooperation in times of
difficulty, as well as times of ease.
2. Living together with equity, kind treatment, and respect
for human dignity
3. Full partnership in the affairs of marital life that are
built on mutual consent, mutual consultation and the
concept that each spouse is considered a part of the
other; a completion of the other person and the other
person‟s mission in marital and social life.

This Article discusses the moral virtues and manners that
govern the marital relationship. It mentions:
1. Love, mercy, and trust, and cooperation in times of
difficulty as well as in times of ease:
- Love and mercy have been previously in part in Article
(17) of the Section Five of Chapter I. Further clarification
and details regarding the meaning of love and mercy are
forthcoming in Section Four of Chapter III in Articles (62),
(63), (64), (69), (73), and (76).
- With regard to mutual trust Allah the Exalted says:
ْ ِّ ‫دضَ لمند د‬ ِ َ ‫َيَأَيدُّه ددآَ لَ د ِديي َ َ ُددو َ جتِ ِ ددو َََّثِ د‬
َ‫َإُثٌَوال‬ َ ‫دري ََّد د َ َ لمند د ِّ َإ ننَََد ْع د‬
ً ُ َْ َ َ َ َ
)21 8‫ ) انحجزاث‬ ‫نو‬ ُ‫ن‬ ‫ََِت ن‬
O you who have believed, avoid much [negative]
assumption. Indeed, some assumption is sin. And do
not spy or backbite each other… (49: 12)
Likewise, the Messenger of Allah (may blessings and peace

be upon him) said, “Beware of suspicion, for suspicion is
the worst of false tales; and do not spy or eavesdrop 1,
and do not hate each other; and be brothers [to each
other].”2
- With regard to cooperating in times of difficulty as well as
in times of ease Allah the Exalted says:
َ‫إلُثَو ل ُْعد ْك َو ِنَو نتد ُقدو َ ن‬
َِ ِْ َ‫دآونُو َ َع َنْلدى‬ ِّ ِ َ‫آونُو َ َع َنْلى‬
َ ‫لاَو لنتد ْق َدوىَوالََتد َع‬ َ ‫ وَتد َع‬
)1 8‫ (انًائدة‬‫آب‬ َِ ‫َِ َ ِكي ُكَ ِلع َق‬ َ‫إ ننَ ن‬
not cooperate in sin and aggression. And fear
Allah; indeed, Allah is severe in penalty.  (5:2)
Also, it was narrated by Abu Moosa (may Allah be pleased
with him) that the Prophet (may blessings and peace be upon
him) said, “The Believer is to the Believer like the
building that each part of it supports the other parts.”
Then he joined his fingers.3
2. Living together equitably, being kind to each other, and
respecting human dignity:
This will be clarified in Article (69) of Section Four of
Chapter III.
3. Full partnership in the affairs of marital life that are
based on the principles of mutual consent and consultation,
and considering each spouse to be a part of the other; each
complementing and completing the other‟s person and
mission in marital and social life.
The moral values and manners of the spousal relationship
include total partnership in the affairs of marital life according to
what suites their constitution, abilities, and legal status. This
1
Spying in this context means to look for other people‟s flaws and hidden affairs
where as eavesdropping refers to listening to such things.
2
Saheeh hadith, reported by Ahmad and Al-Bukhari.
3
and the wording is from Al-Bukhari.
partnership should be built on mutual consent and consultation, and

is part of respecting the intellect and personal choices of the other
spouse. Allah the Exalted says:
8‫ (انبمرزة‬‫دآحَ َعنْلَ ْ ِه َمدآ‬ ُ َ‫دآوٍرَف‬
َ َ‫دلَج‬ ُ‫ش‬ َ َ‫ض ََِّ ْد ُه َمدآَوت‬
ٍ َْ ‫صآالَ َع ََتد‬ ِ
َ ‫فَإ ْن َأ ََر َد َف‬
)111
...And if they both desire weaning through mutual
consent from both of them and consultation, there is
no blame upon either of them… (2: 233)
This means that if both of the child‟s parents agree to wean the
child before he reaches two years of age, finding that there is a
benefit for the child in doing so, and consulting with each other
until they concur and reach a joint agreement, then there is no
blame upon them if they wean him. However, it is not permissible
for either of them to take this decision individually without
consulting the other‟s opinion.
Each spouse should also consider himself a part of the other
spouse; completing the other partner‟s person and mission in
marital and social life. Allah the Exalted says:
َ‫ُْد ُعَ َع َمد َدََ َع ِآَ ٍدَ ََِد ْ ُُ ْ ي ََِد ْ َذَ ََّد ٍَْأ َْوَأُندْثَددى‬
ِ ‫َّنَالَأ‬
ّ ِ‫َرَدُّ ُهد ْد يَأ‬
َ ‫آبَ َهلدُ ْد ي‬
َ َُ ‫آس َدت‬
ْ َ‫ف‬
)273 8ٌ‫ (آل عًزا‬‫ض‬ ِ
ٍَ ‫ض ُُ ْ يََ ْ َََد ْع‬ ُ ‫ََد ْع‬
And their Lord responded to them, “Never will I
allow to be lost the work of [any] worker among
you, whether male or female; you are of one
another… (3: 195)
Allah‟s Words, “you are of one another” indicate that the woman
is from the man, and the man is from the woman, and thus, there is
no conflict or contradiction between them; instead, the relationship
between them should be one of completion, harmonization, and
cooperation. Allah the Exalted says:
َ‫دسَو ِسد َك ٍَو َخنْلَد َا ََِ ْد َهددآ‬ ِ
ٍ ‫د يََد َ دن ْف‬ ِ
َ ‫دآسَ تندقُددو‬
ّ ُُ ‫َرَن ُُ ُد يَ لَددييَ َخنْلَ َق‬ ُ ‫ ََيَأَيدُّ َهدآَ لن‬
ِ ِ ِ ‫َزو َجهآَوَ ن‬
)2 8:‫ (انُسا‬ ًَ ‫نآ‬ ًَ ‫ثََ ْد ُه َمآَ ِر َجآالََََّث‬
َ ‫ري َ َون‬ َ ََْ
from both of them many men and women...  (4: 1)
This meaning is emphasized in many other

verses of the Qur‟an, some of which have been previously
mentioned.
***
Article (58)
Women‟s Competence and Independence of Person
According to Islamic Shari‟ah, women enjoy total
religious and legal competence; her will is to be respected, she is
independent in her financial liability, and she maintains her
own family name.

This Article addresses women‟s full competence with
respect to the law and to the religion.
The meaning of competence in general language and as a
specific term:
Competence refers to a person‟s being fit and able to
perform a certain task. It is used in the field of personal status and
civil rights with the same meaning, but with a particularity that
corresponds to the nature of the field. Originally, competence is
part of the laws of personal status that stem from the provisions of
Islamic Shari‟ah, and then later, it was transferred to civil law. 1
The term is used in Islamic jurisprudence to indicate that the
person has certain characteristics that are defined by Islamic
Shari‟ah, by virtue of which he becomes qualified and fit to be held
responsible to adhere to the commands and prohibitions of
Shari‟ah, and their corollary rights and duties, and to take actions in
a manner that is recognized by Shari‟ah. The term is used in the
field of positive civil law in almost the same manner; i.e., the legal
competence of the person to have rights established for him and
obligations assigned to him, as well as the ability to carry out an
action which results in a certain effect as determined by the law.
Types of Competence
There are two types of competence: Competence of
Entitlement and Competence to Dispose. Competence of
1
Al-Wajeez fi Sharh Al-Qanoon Al-Madani, Dr. „Abd ar-Razzaq as-Sanhoori, Dar An-
Nahdah Al-‟Arabiyyah, 1966, pg. 94 and the following pages.
Entitlement is limited to the individual‟s capacity to acquire

rights. It is established for the individual by virtue of his being a
human being, without any other qualifiers. Thus, it is established
for the embryo on the basis that it is a human being created by
Allah, although his state of humanity is deficient due to his
complete dependence on his mother, his establishment inside of
her, and the possibility of his not being born alive. As such, he
enjoys only a deficient competence of entitlement that is equivalent
to his incomplete and unstable life. Thus, rights are established for
him contingent upon his live birth. If he is born alive, his humanity
is thereby complete, and full competence of entitlement is
established for him as of the moment he is alive and separated from
his mother.
Competence to Dispose refers to the competence of the
person to execute his rights in a manner that is recognized by the
Shari‟ah, whereby if he enters into a contract or financial
transaction such as buying or selling, it will be recognized by
Shari‟ah and effect a certain rulings. Also, if the person prays of
fasts or does any obligatory act, it will be deemed acceptable
according to Shari‟ah and it will absolve him of his obligation, and
if he commits a sin against someone else‟s person, wealth, or
honor, he will be held accountable for his crime and punished
physically or monetarily. The stipulation for Competence to
Dispose or the basis for its establishment is the individual‟s mental
capability to distinguish, and on the basis of this, Competence to
Dispose is divided into two types:
1. Limited Competence to Dispose: This is the form that is
established with limited power before the child reaches
puberty, or after puberty if the person is deficient or lacking
in competence.
2. Full Competence to Dispose: This is established granting
full power, and becomes complete when the child reaches
the stage of sound judgment.
Men and women are equal with regard to these forms of
competence.
Thus, total competence is when both of these types of
competence are completely manifested. Limited competence, on the
other hand, refers to the two types of competence before one, or
both of them, is manifested to its full extent.
Thus, the stipulation upon which competence of entitlement is
contingent is being human, whereas competence to dispose is
contingent on the ability to reason. As neither of these attributes
can be revoked from a women unless she is deficient in these two
attributes; the first of which cannot be negated under any
circumstance, and the second of which is only negated by insanity
or mentally disabled.
Women‟s Autonomous Financial Liability1
On the basis of the aforementioned principles regarding
competence, women also have complete autonomous financial
liability that is no less than the financial liability of men. Thus, she
has the right to own all types of property, whether it is moveable or
unmovable property or currency, in exactly the same manner as
men.
Because the woman is described as being human, this means
that she has a liability that is the basis for her competence of
entitlement, and this competence is established for her from the
moment she is born and cannot be revoked until she dies.
Considering the fact that the woman is qualified to be
assigned Shari‟ah obligations, this means that she has competence
to dispose, on the basis of which she is held accountable for
Shari‟ah obligations, and holds others accountable for her rights,
and in this aspect, the woman is like the man in both competence of
1
Liability is an intangible attribute of a given person to which all the rights pertinent to
him are connected. From that perspective, it is strictly personal, in the sense that it is
directly connected with the person himself, as opposed to his property or wealth.
Liability is unlimited in its application; thus it applies to all rights whether financial
or otherwise, regardless of the type or quantity. Just as it relates to people‟s financial
rights, it also relates to the work that is due from a person, such as the work of an
employee, and religious duties such as prayer, fasting, vows, and other obligations.
See Mustafa Ahmad Ar-Razzaq, Al-Madhkhul Al-Fiqhi Al-‟Aam, vol. 3, pg. 181.
entitlement and entitlement to dispose.

Thus, the evidence proves that the basic principle is
women‟s equality to men in the Shari‟ah rulings, and there is
evidence which establishes rights and obligations. This principle
has been explained and proven by many Shari‟ah texts within the
discussion in Article (6) of Section Three of Chapter I of the
Charter.
Women‟s financial transactions.
The woman has the right to engage in various types of
transactions 1 that are recognized by Shari‟ah using her own
property or money. She may buy, sell, exchange, gift, bequest,
loan, borrow… etc. Her transactions are executed by her own will
and do not require the consent of her father, husband or brother.
Women‟s financial transactions in the Noble Qur‟an
َ‫ص د ٌ َِّّمنددآ‬
ِ َ‫دآلَن‬ ِّ ِ‫دضَّل‬
ِ ‫نْلْ َجد‬ َ ‫ضد َدََ نََُِِ د ِ َََد ْع‬
ٍ ‫ضد د ُُ ْ يَ َع َنْلددىَََد ْعد‬ ‫ والََتدَت َمن د ْدو َََددآَ َف ن‬
ِ ِ ْ َ‫صد َِّّمنددآَ َّْتند ْدْبَو سدأَلُو َ نِ ََِد َف‬ ِ ِ ِّ‫ََّْتند ِو َولِنْل‬
َ‫َََِّددآ َن‬َ‫ضدنْل َإ ننَ ن‬ َ ْ َ ََ ٌ َ‫نددآ َن‬ َ َُ
ِ
)11 8:‫ (انُسا‬‫ُ ََِّ َ ْي َ َعنْل ًَمآ‬ ٍ ُ َِ
some of you exceed others. For men is a share of
what they have earned, and for women is a share of
what they have earned. And ask Allah of his bounty.
Indeed Allah is ever, of all things, Knowing. (4:
1
According to scholars of Fiqh, engaging in transactions refers to the voluntary action
of a person by which results in Shari‟ah rulings, or it can also me an every action or
word that effects an obligation or a result. From this, it is understood that there are
two major elements in transactions: (1.) An action: whether it be a deed or spoken
words (2.) A result that is the effect of this action.
An example of this is a sale; for the deed resulted in an effect which is that the seller
takes the price and the buyer takes ownership of the product that was sold. Likewise,
divorce is considered a transaction, in which the action results in separation of the
two spouses. Thus, financial transactions refer to the transactions that are related to
assets and which produce a Shari‟ah recognized effect; i.e. that it‟s effect takes place
with regard to the money or property, whether the action is by words or deeds. In the
case that the effect doesn‟t involve assets, then it is a non -financial transaction, such
as in the case of divorce.
32)
He also says:
َ‫آسد د ْدُُْْت‬ ٍ ِ ُُ َ‫دورُف ن َوأَُْتِ ددْو َََد ْ د د‬
َ ‫ يَِبَعْ د ُدْوفَوإنَتدَ َع‬ ُ َ ‫ُج د‬
ُ ُ‫ فَ ددإ ْنَأ َْر َْد د عْ َ َلَ ُُ د ْد يَفَ ددآت‬
)4 8‫ (انطالق‬‫ْ ُع َلَ ُ َأُ ْخ َْى‬ ِ ْ ‫َفنُتد‬
ْ َ
… And if they breastfeed for you, then give them
their payment and confer among yourselves in the
acceptable way; but if you are in discord, then there
may breastfeed for the father another woman. (65:
6)
There are other such verses of the Qur‟an, and their meanings
inform that the woman can enter into a contract to be hired to
breastfeed a child for a certain amount of money, and thus all other
Shari‟ah sanctioned transactions are judged by drawing an
analogous conclusion with the woman‟s hiring herself to breastfeed
a child.
ٍ ِ ِ
ْ ‫ا َِِبَآَأ‬
)21 8:‫ (انُسا‬ ٍَ ْ‫َوَ َدي‬ َ ِ ‫َ ْ َََد ْعكَو ِ نيَيُو‬
… after any bequest they [may have] made or
debt… (4: 12)
This verse clearly indicates that it is permissible for a woman to
make a bequest, and that the execution of her bequest supersedes
the division of the inheritance between the inheritors. The words
“or debt” incorporate the meaning that she may take a loan, and this
proves for the woman‟s competence to conduct financial
transactions.
Women‟s Financial Transactions in the Prophetic Traditions
There is a narration regarding a slave woman named
Bareerah (may Allah be pleased with her) who contracted an
agreement with her masters to purchase her freedom. She asked
„A‟ishah (may Allah be pleased with her) to help her, which she
agreed to do. However Bareerah‟s masters stipulated that the
walaa‟1 should belong to them. The Messenger of Allah

(may blessings and peace be upon him) was informed of this and he
said to his wife „A‟ishah, “Purchase her and free her, for the
walaa‟ belongs to whoever frees the slave.” This is clear and
authentic evidence that it is permissible for a woman to dispense of
her money or property as is proven by the words “Buy her and
free her.” Scholars who interpreted this hadith said, “This hadith
proves that a woman who is of sound mind may engage in selling
and other such transactions by herself, even if she is married, and it
indicates that she may dispense of her wealth without her husband‟s
permission.”2
The Mother of the Believers, Zaynab bint Jahsh (May Allah
be pleased with her) was known as “the Mother of the Poor”, and
she was given this title by the Messenger of Allah (may blessings
and peace be upon him) because she would spin wool and tan hides
and punch holes in them, and sell them at the market and then give
whatever money she earned from it to the poor;3 which indicates
that all of these financial transactions including selling and giving
charity, etc., were executed by the Mother of the Poor.
It was narrated by the Mother of the Believers, Maymoonah
bint Al-Haarith (may Allah be pleased with her) that she freed a girl
slave who belonged to her without asking the permission of the
Prophet (may blessings and peace be upon him). Later she
mentioned it to him and he said, “If you had given her to your
uncles it would have been even greater in reward.”4
It was related by Jaabir (may Allah be pleased with him) that
the Prophet (may blessings and peace be upon him) stood to pray
on the day of „Id Al-Fitr. He began with the prayer and then he
1
A bond between two people, such as the bond of lineage, that is caused by freeing of a
slave. This bond involves rights and obligations on each party. The rights include
that the person who freed the slave has the right to inherit from the freed slave if he
does not have any other inheritors.
2
Ahmad ibn „Ali ibn Hajar Al-‟Asqalani, Fath Al-Baari Sharh Saheeh Al-Bukhari, vol.
5, pg. 241.
3
Ahmad ibn „Ali ibn Hajar Al-‟Asqalani, Fath Al-Baari Sharh Saheeh Al-Bukhari, vol.
7, pg. 21.
4
Saheeh hadith; reported by Al-Bukhari.
gave a sermon. When he finished he came down and approached

the women and reminded them [of their religious duties] while he
was supporting himself on Bilaal‟s hand, and Bilaal opened his
garment into which the women were throwing their jewelry as
charity.1 So the Prophet (may blessings and peace be upon him) did
not ask the women who were giving charity whether they were
doing so with their husband‟s permission or not, or whether the
value of what they were giving exceeded one-third of their total
property or not. If the ruling was contingent upon these issues, he
would have asked them, and the fact that he didn‟t ask is evidence
that supports the general meaning of the hadith, as has been stated
by scholars of the principles of jurisprudence.
In consideration of the woman‟s enjoyment of full religious
and legal competence, she has the right to keep her family name
and to maintain her own personality independent of her husband,
and this is an issue that has been agreed upon by consensus of the
Muslims from the time of the Prophet (may blessings and peace be
upon him) and the rightly guided Caliphs, until today.
***
Article (59)
The Man‟s Responsibility for the Family
The man has been given the responsibility of qiwaamah
over the family. Being that the family is a social unit comprised
of several members, there must necessarily be a leader,
otherwise the family will suffer deterioration in its affairs and
its constitution. By virtue of their innate nature and physical
and psychological constitution, men are qualified to bear the
requirements and difficulties of this responsibility. This
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, and Abu Dawood. In his
book, Fath Al-Baari, Al-Haafith ibn Hajar says: this hadith was used as evidence for
the permissibility of women giving charity from her wealth without her husband‟s
permission.” See: Ahmad bin Ali bin Hajar Al-Asqalaani, Fath Al-Baari Sharh
Saheeh Al-Bukhaari, vol. 2, pg. 992.
qiwaamah is not oppression or supremacy; rather it is a

responsibility, obligation and charge to care for the family,
protect it, look after it, and provide for and guarantee its
material interests by working, earning, and making money.

This Article discusses the man‟s responsibility for the family
and the nature of this responsibility and its scope. This has been
previously clarified in Article (14) of Section Four of Chapter I.
***
Article (60)
The Woman‟s Responsibility for Her Home
Islam has assigned a type of responsibility to women that
suits her nature and her physical and psychological
constitution. It considers her to be a guardian and thus, along
with her husband, she is responsible for the affairs of the home
and the children that she looks after. This responsibility is
important to both the family as well as the entire society, and it
is no less important than the man‟s responsibility. In fact, the
woman‟s responsibility has an even greater effect on the morale
and morality of the family than the man‟s.

This Article clarifies that the woman has been given a form
of responsiblity that suits her nature and physical and psychological
constitution, as without doubt, the woman has an important and
distinguished function that Allah the Exalted designated for her,
which is the function of pregnancy and motherhood, and the ability
to raise the children and be patient with them and to bear the
difficulties of the consecutive stages of life. This is a function that
the man cannot perform, and it is the most distinguished duty,
despite the fact that some people try to degrade its position.
Without it, the continuity of offspring would be cut off, and the
wells from which humanity springs would become dry. More
importantly, the mother is the one who nurses her child with the
milk of compassion and care that spreads through the child‟s entire
being and its effect remains with him until he grows up. Also, it is
the mother who cares for the child, raises him, and disciplines his
behavior and manners along with her husband if he is present, and
by herself if he is not. The woman is also the lady and queen of the
house, and her function in looking after the household members
and preparing it for tranquility and peace and rest and love is a
great and critical function. It was related from „Abdullah bin
„Umar (may Allah be pleased with him) that he heard the
Messenger of Allah (may blessings and peace be upon him) say:
All of you are guardians and are responsible for
your wards. The ruler is a guardian and the man
is a guardian of his family; the lady is a guardian
who is responsible for her husband‟s house and
his offspring; and so all of you are guardians and
are responsible for your wards.1
Likewise, a famous line of Arabic poetry states:
The mother is a school, if you prepare her properly, You will
prepare an entire nation of good character.
This function, duty, and specialty ability with which Allah
has distinguished the woman is necessary to assure the continuity
of the family, which is the basic nucleus of the society, and the
pillar of its cohesion, strength and wellbeing. If she abandons this
function and duty, following the trends that are encouraged by
those who aim to corrupt the society, it is sure to destroy the family
and the society over the long run.
***
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood and At-
Tirmidhi.
Section Four
Mutual Marital Rights and Responsibilities
This Section discusses the mutual rights and obligations of

the spouses, as well as the wife‟s rights over her husband, and the
husband‟s rights over his wife. These topics are covered in three
Parts, the first of which discusses the importance of teaching the
youth Islamic principles related to marriage.
Article (61)
Teaching Youth the Islamic Principles Related to Marriage
It is imperative to teach young men and women the
principles of Islam and its values, manners, and foundations
that pertain to marriage, the affairs related to the interaction
between the spouses, and the means of creating a righteous and
successful marital and family life.

This Article points out the importance of teaching young
men and women the principles of Islam that pertain to marriage and
its role in creating a righteous and successful marital and family
life. This responsibility is to be shouldered by the state and all
community institutions by spreading awareness and instilling
adherence to these values and principles within people. „Abdullah
bin „Umar, (may Allah be pleased with him) narrated that the
Prophet said:
All of you are guardians and are of you are
responsible for your wards. The ruler is a guardian
and the man is a guardian of his family; the lady is a
guardian who is responsible for her husband‟s house
and his offspring; and so all of you are guardians and
are responsible for your wards.1
1
Tirmidhi.
This education includes teaching the importance of

marriage; the importance of marrying at a young age to protect
young men and women from the causes of moral and sexual
deviation; the importance of choosing a life partner on the basis of
religion, ethics, good upbringing, and social and cultural
compatibility, the importance of keeping the costs of marriage
moderate and making them easy; the basis of marital life on love,
mercy, complete cooperation, consultation and mutual agreement in
all of life‟s affairs; fulfilling the rights and obligations of the other
party; avoiding the causes of disputes and conflict; methods for
solving marital problems; understanding the aims of the family and
working to achieve them; the spouses‟ duty to raise children
according to the principles of religion, manners, and the ideal
Muslim values, and other issues that have been addressed in this
Charter, particularly what was mentioned in Article (31) of Section
Two of Chapter II, and in Article (45) of Section Three of Chapter
II, and in the related verses and hadiths that are found in the
commentary on these and other Articles that pertain to the subject.
The means of this education is not limited to a certain
method; all educational and pedagogical means should be utilized
as well as all forms of information and media, whether it literary,
audio or visual.
***
Part I: The Mutual Rights and Responsibilities

This Section discusses the mutual rights and obligation of
spouses and urges cooperation in marital responsibilities. It
encourages understanding and avoiding disputes, and clarifies the
regulations for to conflict between them. It advises each of the
spouses to abide by Islamic manners and urges them to keep good
relations with people, particularly neighbors and relatives. These
topics are covered in six articles.
Article (62)
Cooperation in Marital Responsibilities
Each spouse shall be sincere to and trusting of

the other spouse. In all conditions and under all circumstances,
they should advise each other and cooperate to fulfill the
responsibilities of marital life and caring for and raising the
children.

This Article obliges the spouses to build their relationship on
sincerity, trust, mutual advice, and cooperation. Being sincere with
each other and trusting each other are requirements of living
together equitably, which is obligatory, as shall be clarified
subsequently.1 The texts that indicate the importance of trust,
mutual advice, and cooperation in general affairs have been
previously mentioned2 as have the texts that indicate the importance
of mutual advice and cooperation in carrying out the
responsibilities of marital life and taking care of and raising
children in all conditions and under all circumstances. 3
***
Article (63)
Striving for Understanding and Avoiding Conflict
Islamic Shari‟ah encourages each spouse to understand
the nature of the other party and to be aware of the innate
physical, and psychological differences between them.
Likewise, they should also recognize the common traits that
they share. In order to achieve a successful marital life,
Shari‟ah encourages the spouses to emphasize the areas of
agreement and the positive aspects in the other party, while
limiting the causes of disagreement, searching for middle
solutions that both parties can agree to, and avoiding stubborn
conflicts, provocation, being over-jealous, and trying to defeat
the other party.

1
See Article (69) of Part I of Section Four of this Chapter (III).
2
See Clause (1) of Article (57) of Section Three of this Chapter (III).
3
See Clause (3) of Article (57) of Section Three of this Chapter (III)
This Article addresses the importance of giving

consideration to the innate nature of wife, and the difference in her
background and her way of seeing things 1 . As the wife bears partial
responsible for the family according to her nature, this also requires
her to understand the nature of the man, and to be aware of the
innate, physical, and psychological differences between him and
her. Both the husband and wife must understand all of the issues
that are mentioned in this Article, due to the fact that if they do not,
in most cases, they will not be able to live equitably with each
other, and also because anything that is necessary to fulfill an
obligation, is an obligation in and of itself. Further explanation of
these points will be presented in Article (65) and Article (69) of this
Section.
***
Article (64)
Mutual Respect
1. Respect the other party, appreciating the daily efforts
that he undertakes and his position in the family, aiding
him with his burdens and other affairs, and respecting
his relatives and giving them the same consideration that
he would give to his own blood relatives.
2. Take the other party‟s feelings into consideration and
avoid anything that might injure the dignity of the other
party or that person‟s family, whether in secret or in
public, and particularly in front of someone from his or
her family.

This Article clarifies the importance of mutual respect
between the spouses.
* Clause (1):
1
See Clause (1) of Article (69) of Part II of Section Four of this Chapter (III).
This Clause discusses several issues:

- Each person‟s right to respect and appreciation of the daily
efforts that he undertakes. This is indicated by the texts that will be
mentioned with respect to living together equitably. 1
- The values mentioned in this Clause also include
respecting each spouse‟s position in the family. As for the man, he
is responsible for the family, pursuant to Shari‟ah law, and as this
position is one of guardianship, care, and responsibility, he
deserves the family members‟ respect for being their guardian and
care provider, and for taking responsibility for them. As for the
woman, she is the compassionate wife, the tender mother; the one
who invigorates family members with compassion and love. The
woman floods the house with her tender feelings, looks after all the
affairs of the house, and is the second source of strength – after
Allah the Almighty – to her husband and family members during
times of hardship, just as Lady Khadeejah (may Allah be pleased
with her) was to the Messenger of Allah (may blessings and peace
be upon him). It was related by „A‟ishah (may Allah be pleased
with her) that whenever the Prophet (may blessings and peace be
upon him) mentioned Khadeejah, he would praise her greatly. She
said:
One day, I became jealous and I said, “What makes
you keep mentioning an old toothless woman with red
gums, who Allah has replaced with someone better
than her?” He answered, “Allah the Mighty and
Glorious has not given me anyone better in her
place. She was the wife who believed in me when
others rejected me. When people accused me of
lying, she affirmed my truthfulness. When I stood
forsaken, she spent her wealth to support me, and
Allah the Mighty and Glorious granted me children
from her, while He prevented me from having
children from other women.” 2
1
Article (69) of Part II of Section Four of this Chapter (III).
2
Hasan hadith, reported by Ahmad and At-Tabarani in Al-Mu‟jam Al-Kabeer.
- Helping each other with their daily duties and other affairs:
Each spouse is a life partner with respect to the other, and a helper
to assist him in his duties. This is the woman‟s nature with her
husband, and the husband‟s with his wife; sharing, cooperating,
providing mutual assistance and supporting the other person in his
work and his life. In this way the family becomes stronger and
more cohesive, and it resists breaking up and dissolution. This is
demonstrated by the things that the female Companions of the
Prophet (may blessings and peace be upon him) used to do with
their husbands during the time of the Prophet (may blessings and
peace be upon him), such as in the case of Asmaa‟ the daughter of
Abu Bakr (may Allah be pleased with them) who said:
When Az-Zubayr married me, he didn‟t have any land,
wealth, slaves, or anything else other than a camel to
get water and a horse. I used to provide fodder and
water for his horse, and patch up his leather bucket. I
would also make dough, but I didn‟t know how to bake
well so the women of the Ansaar used to bake for me.
They were truly good women. I used to carry the grain
on my head from Az-Zubayr‟s plot of land, which the
Prophet had allocated to him to cultivate. It was about
three farsakh (about two miles or eight kilometers)
1
from me.
This meaning is also indicated by the hadith about men helping
with the housework when the wife leaves for work, in Article (72)
of this Section.
- Another of the meanings and values that are mentioned in
Clause (1) that should be adhered to by each of the spouses is
respect for the other spouse‟s relatives, and considering them like
his own blood relatives. Respecting the man‟s family and his
relatives is part of respecting and appreciating him, and anything
that belittles them belittles him as well. Likewise, the husband
should respect the wife‟s family and give them the position that
they deserve, for they are his wife‟s roots and they are her second
1
Saheeh hadith, reported by Al-Bukhari
source of support after her husband. Thus, respecting them

is part of respecting her, and anything that belittles them belittles
her. This meaning is testified to in the narration of Abu Dharr (may
blessings and peace be upon him) said, “You will conquer Egypt
which is a land in which the qirat is used, so command its
people to good. They have right to security and ties of kinship.”
In another narration it was related, “When you conquer it, be
good to its people. They have a right to security and ties of
kinship,” or he said, “a right to security and ties of marriage.” 1
Scholars explained this hadith, saying, “The ties of kinship come
from the fact that Hajar, the mother of Isma‟eel, was from them,
and the ties of marriage come from the fact that Maria, the mother
of Ibrahim, (the son of the Messenger of Allah) may Allah bless
him and grant him peace, was from them. This hadith demonstrates
the significance of love, affection and respect for the wife‟s family.
These kind feelings that are exchanged between the two parties
achieve the Shari‟ah aims of living together in kindness,
tranquility, love, mercy, maintaining ties of kinship, teaching
children to value family ties and protect them from any thing that
might cause them to splinter or be severed, and to strengthen them
by way of righteousness, goodness, good relations, and charity. In
this context, Allah Says:
َِِ‫دا َََد ْ َ ََد َ َ ِ ن‬
‫دََ ملَ ْشد ِِْقَو ل َْم غْد ِْ ِبَولَُِد ن َ ل ِ ن‬ ِ
َ ِ َ‫دوف ُُ ْ يَن‬ ُ ‫لاَأَنَتدُ َولُّو‬
َ ‫َوج‬ ‫سَ ِن‬ َ َْ‫ل‬
ِ
َ‫دىَسِّ ِد َ َذ ِويَ ل ُقد ْدَْ ى‬ ِ ِ ِ ِ ِ
ُ ‫دآلَ َع َنْل‬
َ َ‫داَو تَدىَ ملد‬ َ ِِِّ ‫دآبَو لن‬ِ ‫ُْ َتد‬
َ ‫و لَْد ْدومَ آلخد َِْو ل َْملِ َُديَو ل‬
)255 8‫( انبمزة‬‫آب‬ َِ َ‫َوب َ ِّلْن‬ِ ‫و لَْدَت َآَىَو ل َْم َنآَِّ َا َو َْ َ َ ل نن ِِ َِ َو ل ننآِِنْلِ َا‬
Righteousness is not that you turn your faces
toward the east or the west, but [true] righteousness
is [in] one who believes in Allah, the Last Day, the
angels, the Book, and the prophets and gives wealth,
in spite of love for it, to relatives, orphans, the
needy, the traveler, those who ask [for help], and for
freeing slaves… (2: 177)
1
Saheeh hadith, reported Muslim.
ِ ِ ِ
َ ‫َإس َنددآ ًََ َوَِددي يَ ل ُقد ْدَْ ىَو لَْدَتد‬
َ‫دآَى‬ ْ ِ ْ‫َِوالَتُ ْش د َُِّْو ََِد َ َ د ْدًئآَوِ ل َْو ل د َكي‬ َ‫و ْعُ ِ د ُكو َ ن‬
ََِ ِِ ‫دآس ِ َ ِ ْلَْ د ِ َو َْد ِ َ ل نن د‬ ِ ‫صد‬ ‫َذ يَ ل ُقد ْدَْ ىَو ْلَددآ ِرَ لُُ د ِ َو ل ن‬ ِ ‫و لْمنددآَِّ ِاَو ْلددآ ِر‬
َ ََ
)14 8:‫ (انُسا‬ ‫ور‬ ِ ‫ن‬
ًَ ‫آََنْلَ َُ ْتَأَ ُْيَآنُ ُُ ْ يَإن َ نََِالَ ُ ُّ َََ َََّآ َنَنيُْتَآالَفَ ُخ‬ َ َ‫و‬َ
Abu Hurayrah (may Allah be pleased with him) reported that the
Prophet (may blessings and peace be upon him) said, “Whoever
believes in Allah and the last day shall maintain ties of kinship
[with his relatives].1 It was also reported by Abu Hurayrah that the
Messenger of Allah (may blessings and peace be upon him) said:
Verily Allah created all of creation, and when He
finished, the ties of kinship came forward and said,
“This is the place for anyone who seeks refuge from
the severing [of ties of kinship].” He [Allah] said,
“Yes. Are you not satisfied that I should keep relations
with whoever maintains your ties of kinship and sever
them with whoever severs your [ties of kinship]?”
They [the ties of kinship] said, “Certainly.”
Thereupon He said, “So it will be for you.”
Recite if you wish [the Words of Allah]:
ََ‫دآَ ُُ ْ ي‬ ِ ِ ‫ َفدهددََ َعند د دت يَإنََت ددولن دت يَأَنَتُد ْف ِند د ُكو َِبَ ألَر‬
َ ‫ضَوتُد َق ّ ُعددو َأَ ْر َس د‬ْ ْ ُْ َ ْ ُْ َ ْ َ
)11- 11 8‫(دمحم‬ ‫آرُف َْ ي‬ ِ َ ِ‫أُولَئ‬
َ‫ص‬َ ََْ‫كَ لَيي َ َلَ َعَد ُه ُ يَ نَُِفَأَ َ نم ُه ْ يَوأَ ْع َمىَأ‬ ْ
Would you then, if you were given the authority,
do mischief in the land, and sever your ties of
kinship? *Such are they whom Allah has cursed, so
that He has made them deaf and blinded their
sight. (47: 22-23)2
1
2
 Clause (2): This clarifies taking the other party‟s

feelings should be taken into consideration and anything that
might injure the dignity of the other party or that person‟s
family, whether in secret or in public, should be avoided,
particularly in front of someone from his or her family. This
is one of the aspects of equitable and kind treatment which is
indicated by Shari‟ah texts, as will explained in Article
(69).1
***
Article (65)
Rules for Handling Disagreement Between the Spouses
1. It is not permissible for the spouses to curse or insult
each other or to say things that the other party hates to
hear.
2. In cases of disagreement between the spouses, it is not
permissible for either spouse to stop speaking to the
other for more than three days, and the better of them is
he who starts talking to the other first by saying “salaam
alaykum” (peace be upon you). Also, it is not permissible
for either of them to desert the other in bed unless there
is a Shari‟ah sanctioned reason to do so, and according
to the conditions that are mentioned in the Shari‟ah
rulings.
3. No matter the extent of the disagreement between the
spouses, it is not permissible for either spouse to resort to
beating in violation of the limits of the Shari‟ah rulings
that have been stipulated. Anyone who violates this
prohibition will be held responsible civilly and
criminally.
4. Care should be taken to keep the disagreement between
the spouses, away from the children. They should not
involve family members and acquaintances in their
1
Article (69) of Part II of Section Four of this Chapter (III).
issues. Instead, they should try to solve the problem

between the two of them with understanding. In the case
that they are unable to do so, they should resort to
arbitration by two just arbitrators, one from his family
and one from hers.
5. As each spouse is privy to his partner‟s most private
secrets, which are known to no one besides Allah the
Mighty and Glorious, marital secrets should be kept
secret, and even after divorce, spreading these secrets is a
sin and a betrayal of trust.

This Article explains the rules for handling disagreement
between the spouses. Due to the different natures of individuals,
disagreements may arise; especially when there is frequent direct
interaction between the parties. This is common between spouses
due to the ongoing relationship that exists between them. For this
reason it is imperative that disagreements between spouses be
governed by rules to keep the marital life from collapsing and to
maintain the minimum standard of humane treatment between the
two parties. Thus, the Clauses of this Article include the following:
* Clause (1):
This Clause mentions that in any disagreement, the spouses
should refrain from saying hurtful things, and they should not curse
or insult each other. This precept is supported by many Shari‟ah
texts, including Allah‟s Words:
َ‫ ََيَأَيدُّ َهددآَ لَد ِديي َ َ ََُددو َالَيَ ْن د َخ َْْ َن د ْدو ٌم ََِّ د َ َن د ْدوٍمَعَ َن ددىَأَنَيَ ُُونُددو َ َخ ْ د ًَدْ ََِّ د ْد ُه ْ ي‬
َ‫والَنِ َن ددآ ٌ ََِّ د د َنِّ َند ددآ ٍ َ َع َند ددىَأَنَيَ ُُد د ن َ َخ ْ د د ًَدْ ََِّ د د ْد ُه ن َوالَتَدنْل ِْمد د ُدزو َأَن ُف َن د د ُُ ْ يَوال‬
َ‫َفد ُد ي‬
ُ ‫دك‬ َ ‫َوَ د َ نَلَْيَدُت د ْ َفَأ ُْولَئِد‬ ِ
َ ‫السد ُد يَ ل ُف ُنددو ُقَََد ْع د َكَ إلُيَددآن‬ ْ َ‫س‬ ِ ِ ِ
َ ْ‫تدََددآََد ُزو َ ألَلَْقددآبََ دئ‬
)22 8‫ (انحجزاث‬‫لمنآلِ ُمو َن‬
O you who have believed, let not a people ridicule
[another] people; perhaps they may be better than
them; nor let women ridicule [other] women;
perhaps they may be better than them. And do not
insult one another and do not call each other by
[offensive] nicknames. Wretched is the name of

disobedience after [one‟s] faith. And whoever does
not repent then it is those who are the wrongdoers.
(49: 11)
Also, it was related by Abu Sa‟eed Al-Khudri (may Allah be
peace be upon him) said, “Don‟t speak evil .”1
It was related by Anas (may Allah be pleased with him) that
the Messenger of Allah said, “Everything that has includes
obscenity is soiled, and everything that includes modesty in it is
beautified.”2
It was reported by „Abdullah ibn Mas‟ood (may Allah be
peace be upon him) said, “He who attacks, curses, scolds,
spreads obscenity and uses foul language is not a true
believer.” 3
It was related by „Aa‟ishah (may Allah be pleased with her)
said, “O „A‟ishah, Allah does not love obscenity and those who
use foul language.” 4
* Clause (2):
This Clause discusses giving one‟s wife the cold treatment, refusing
to speak to her, or staying apart from her in bed:
- The cold treatment and refusing to speak: Marital life is primarily
based on psychological tranquility, love, and friendly interaction
between both of the spouses. The cold treatment includes when a
husband stops saying sweet words to his wife and does not treat her
affectionately. This is a form of punishment that is effective with
some types of people, as a person cannot be completely happy in a
relationship with this type of isolation and conflict after having
1
Saheeh hadith, reported by Maalik in his Muwatta‟ and Ahmad in his Musnad.
2
Hasan hadith, reported by At-Tirmidhi and Ibn Maajah.
3
Hasan hadith, Reported by Ahmad and At-Tirmidhi, and the wording is from him.
4
become accustomed to friendly interaction and affection from his

companion.
The Article stipulates that refusing to speak to someone
should not exceed three days, based on the hadith that was reported
by Anas that the Messenger of Allah (may blessings and peace be
upon him) said, “It is not permissible for a Muslim to refuse to
speak to his brother for more than three days.” 1
It is important that this cutting off of communication does
not take place in front of the children so that it does not have a bad
effect on their inner psyche. Nor it should it be obvious to
strangers in a way that humiliates the other party or injures his
dignity, thereby increasing their rebellious arrogance, especially
since the purpose of cutting off communication is to solve a
problem, not to humiliate or corrupt the children.
Refusing intimate contact in bed:
This Article stipulates that intimate contact in bed should
only be refused for a Shari‟ah sanctioned reason and according to
the conditions are that are stipulated in the Shari‟ah rulings. This is
in accordance with the example of the Prophet (may blessings and
peace be upon him) who was reported by Umm Salamah (may
Allah be pleased with her) to have sworn not to have intercourse
with his wives for one month.2 It was also narrated by Ibn „Abbaas
(may Allah be pleased with him) that the Messenger of Allah
deserted his wives for one month.3
This type of treatment should be limited to the place where
the spouses are alone together. Thus, it is impermissible for the
husband to leave the house, for example. Allah the Almighty Says:
ِ‫ض‬
)12 8:‫ (انُسا‬...‫آج َِع‬ َ ‫وف ن َِبَ ل َْم‬
ُ ُْ ُُ ‫َ َو ْف‬...
… Forsake them in bed… (4: 34)
Likewise, it was related by Hakeem ibn Mu‟aawiyah Al-Qushayri
1
Tirmidhi)
2
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim and Ibn Maajah.
3
Saheeh hadith, reported by Ahmad and An-Nasaa‟i.
from his father:

I said, “O Messenger of Allah, what are the rights
that are due to our wives upon us?” He answered,
“That you feed her as you feed yourself and clothe
her as you clothe yourself, and do not hit her on
the face or say „May Allah make your face ugly‟,
and do not desert her except within the house.” 1
Scholars explained this hadith saying that it means that he should
not desert her except by leaving the bed, and that he should not
leave her or force her to go to another home. 2
*Clause (3):
This Clause states that it is not permissible to resort to
beating when there is a disagreement. It is proven by hadiths and
relevant practical applications that the beating of wives was
forbidden from the beginning, and the Messenger (may blessings
and peace be upon him) ordered men not to beat women. It is
narrated on the authority of Iyyaas ibn Abdullah ibn Abu Dhubab
reported that the Messenger of Allah (may blessings and peace be
upon him) said, “Do not beat Allah‟s bondwomen.” Then „Umar
went to the Messenger of Allah (may blessings and peace be upon
him) and said, “Women have become emboldened towards their
husbands,” so the Prophet (may blessings and peace be upon him)
gave permission to beat them. After that, many women went to the
wives of the Messenger of Allah (may blessings and peace be upon
him) complaining about their husbands. The Prophet (may
blessings and peace be upon him) said, “Many women have come
to Muhammad‟s wives complaining against their husbands.
They [the men who beat their wives] are not the best among
you.” 3
Also, it was related by Umm Kulthum bint Abu Bakr (may
1
Saheeh hadith, reported by Ahmad, Abu Dawood, and the wording is from both of
them, and it was also reported by Ibn Maajah.
2
Abu Sulayman Al-Khattabi, Ma„aalim As-Sunan, vol. 3, p. 69.
3
Saheeh hadith, reported by Ahmad, Abu Dawood, An-Nasaa‟i, Ibn Hibbaan, and Al-
Hakim.
Allah be pleased with them) that the men were prohibited from
beating the women, after which they complained about the women
to the Prophet (may blessings and peace be upon him) so he
allowed them to beat the women, but then he said, “And the best
of you will not beat them.” 1
With regard to the Words of Allah the Almighty:
ِ َ ‫وف ن َِب َ لْم‬ ِ
ُ َُِْ ْ
َ ‫وف ن‬ ْ ‫َو‬
َ ‫ضآج ِع‬ َ ُ ُْ ُُ ‫َو ْف‬ ُ ُ‫ َو للنِي َََتَآفُونَ َنُشُوَزُف ن َفَعم‬
َ ‫وف ن‬
:‫ (النساء‬ ‫ري‬ ِ ِ َ ‫َس ِِ لًَإِ نن‬ َ ‫َفِإ ْن َأَ َط ْعَ ُُ ْ ي َ َف‬
َ ‫لََتد ْ ِدغُو َ َع َنْل ْ ِه ن‬
ً ِ َََّ ‫َهللا َََّآ َن َ َعنْلًّآ‬
)43
… But those [wives] from whom you fear
if they obey you [once more], seek no means against
them. Indeed, Allah is ever Exalted and Grand. (4:
34)
the wording of this verse clearly indicates that beating was
legislated as an exception to deal with cases which other means
were unsuccessful in treating and beating agrees with human nature
that progresses from gentleness to harshness to violence.
Thus it is apparent from the framework of the rules that are
mentioned in the Sunnah and the saying of the Messenger (may
blessings and peace be upon him) “The best of you will not beat
their wives” that beating, as it is mentioned in the verse of the
Qur‟an is something which is permissible; not mandatory or
recommended. On the basis of this interpretation, „Ataa‟ (may
Allah have mercy upon him) said, “A husband shall not beat his
wife, but he may get angry with her.”2 Ibn Al-Arabi said, “The
statement of „Ataa‟ indicates his knowledge and his understanding
of Shari‟ah, as well as his familiarity with sources of juristic
reasoning. He realized that the use of the imperative here [and
strike them] is an order that indicates permissibility, and he also
deduced that this is abhorred on the basis of other sources such as
1
Hasan hadith, reported by Ibn Sa‟d in At-Tabaqaat, and Al-Baihaqi in As-Sunnan.
2
Ibn Al-Arabi, Akhaam Al-Quran, vol. 1, pp. 420.
the words of the Prophet (may blessings and peace be upon

him): „The best of you will not beat their wives.‟1”2 The great
Imam Ash-Shafi‟i mentioned in his book Al-Umm, regarding the
fact that the Prophet (may blessings and peace be upon him) forbid
beating women and then later gave permission to beat them and his
words, “The best of you will not beat their wives” In Al-Umm,
Imam Ash-Shaafi‟i writes, “Regarding the fact that the Prophet
(may blessings and peace be upon him) forbade the beating of
wives, and then permitted it and said, “The best of you will not beat
their wives” it seems that the Prophet (may blessings and peace be
upon him) preferred the prohibition of beating one‟s wife, but
permitted the husbands to do so if there was just cause, then
indicated his preference of not beating with his words, „The best of
you will not beat their wives.‟”3 It is also mentioned in the
Kuwaiti Encyclopedia of Islamic Jurisprudence, “We have not
come across a single saying of Islamic scholars of jurisprudence
purporting an obligation on the husband to beat his wife. In fact, it
is understood from their statements that it is better not to do so.” 4
Rules for beating in within the limits and cases that are
sanctioned by Shari„ah
The husband must have a preponderant belief that the
beating will be effective in rectifying his wife, for means are
subject to the same rulings that apply to end, as has been previously
mentioned. The beating is permissible as an exception towards
meeting an end that is required by Shari‟ah, which is rectifying the
wife. Thus, if this goal will not be achieved (which is the end), then
of beating (which is the means) should not be resorted to.
In the case that beating is resorted to, it should not leave any
marks, and it should not be on the face or any areas of the body that
might be dangerous. Hakeem ibn Mu‟aawiyah Al-Qushayri
narrated that his father said:
1
Hasan Hadith, reported by Ibn Sa„d in At-Tabaqaat and Al-Bayhaqi in As-Sunnan.
2
Ibn Al-Arabi, Akhaam Al-Quran, vol. 1, pp. 420.
3
Ash-Shafi‟i, Al-Umm, vol. 5, pp. 194.
4
See: Kuwaiti Encyclopedia of Islamic Jurisprudence, vol. 10, pp. 23.
I said, “O Messenger of Allah, what are the rights of our

wives that are obligatory for us to fulfill?” He said,
“That you feed her as you feed yourself and clothe
her as you clothe yourself, and do not hit her on the
face or say „May Allah make your face ugly‟, and do
1
not desert her except within the house.”
Likewise, Abu Hurrah Ar-Raqashi narrated from his paternal uncle
said, “But those [wives] from whom you fear arrogance, [first]
advise them; [then if they persist] desert them in bed; and
[finally], strike them without causing bodily injury.” 2 „Ataa‟
asked Ibn „Abbaas, “What kind of beating causes no bodily
injury?” to which Ibn Abbaas replied, “The beating with a siwaak 3
or something like it.”4 The majority of scholars also stipulated that
the beating should only be performed by those among whom
beating is not considered a form of humiliation and harm. This is
supported by the hadith, “The best of you will not beat their
wives.” 5
According to Hanafi and Shaafi‟i scholars 6, beating should
only be resorted to in cases related to marital rights, as opposed to
issues related to the rights of Allah. In fact, it is not the husband‟s
responsibility to discipline his wife in issues related to Allah‟s
rights as they do not concern him and he gets no benefit thereof.
It should also be noted that these rulings are relative and
they differ according to the times, place, and social environment.
The husband must adhere to these rules or else he will be a
transgressor. If husbands are allowed to beat their wives to vent
their anger, most likely they will exceed the limits, as few people
1
Saheeh hadith, reported by Ahmad, Abu Dawood, and the wording is from him, and
Ibn Maajah.
2
3
[T.N. Siwaak : A branch used to clean the teeth].
4
Saheeh narration, reported by Ibn Jareer in his exegesis of the Qur‟an.
5
Hasan hadith, reported by Ibn Sa‟d in At-Tabaqaat, and Al-Baihaqi in As-Sunnan
6
See Al-Mawsou‟ Al-Fiqhiyyah, Kuwait, vol. 10, p. 22.
limit the punishment to the extent of the mistake.1

In addition, violation of these rules leads to many social ills
and destroys the marital relationship, and because of this, the it is
the ruler‟s prerogative to forbid husbands from beating their wives
and he may punish them for doing so in order to prevent wives
from being subject to greater harm, particularly in this time in age
when people‟s religious conscience has become weak. Likewise,
such preventative measures also achieve the objectives of Shari‟ah,
which include spreading of mercy and gentleness among all people
and we notice this in the decisive saying of the Prophet (may
blessings and peace be upon him), “The best of you do not beat
their wives” 2 and in his deeds (may blessings and peace be upon
him).
All of this indicates that the meaning of the verse of the
Qur‟an is not without conditions. The beating that is mentioned
therein, though it is a rare exception, is restricted by the rules that
are mentioned in the Sunnah, and this is the opinion that has been
adopted by this Charter regarding this issue.
This Article also states that if the husband violates this
prohibition, he will be held civilly and criminally liable. The
Shaafi‟i scholars took the opinion that the husband must
compensate if any harm is caused as a result of this discipline, even
if does not exceed the usual limits because it is an action that is
only allowed when a good outcome is guaranteed. for the purpose
is rectification, not harm. Thus if any harm is caused, then it is
evident that he has exceeded limit that is sanctioned by Shari‟ah.
* Clause (4):
This Clause discusses the proper way of handling marital
disagreements; it is imperative that they be out he children‟s view
in order to protect the integrity of their psychological and
behavioral upbringing. Marital secrets should remain secrets
between them, and neither party should reveal them to anyone else.
They should try to settle their disputes between themselves with
1
See Tafseer At-Tahreer wa At-Tanweer, Sheikh At-Taahir bin „Ashoor, vol. 2, pg. 402.
2
Hasan hadith, reported by Ibn Sa‟d in At-Tabaqaat, and Al-Baihaqi in As-Sunnan.
mutual understanding and they should not let their emotions

overcome them to and cause them to become too proud to protect
the family bond. Islam has made it mandatory on the husbands to
live equitably with their wives, even if they hate them, so long as it
is not impossible for them to live together. Who knows, there may
be something good latent in that which they hate, and perhaps they
will discover this in the future if they suppress their anger and keep
quiet. Allah the Almighty Says:
ِ ِ
َِ
ُ‫دََ ن‬
َ ‫آَوَ َع د‬ ُ ‫وف ن َ ِ ل َْم عْ د ُدْوفَفَددإنَََّ ِْ ْفُت ُم د‬
َْ ً‫دوف ن َ َفد َع َنددىَأَنَتَُ َُْْف ددو َ َ د ْدئ‬ ُ ْ‫ وعَآ د ُد‬
)27 8:‫ (انُسا‬ ‫ري‬ ِ ِِ
ًَ ‫ف َ َخ ْدًَْ َََّث‬
... And live with them in kindness. For if you
dislike them - perhaps you dislike a thing and Allah
makes therein much good.  (4: 19)
With this patience and careful thought, the bond of marriage will be
preserved and will not be dissolved by a rushing surge of emotion.
This is indicated in the profound statement of „Umar ibn Al-
Khattaab (may Allah be pleased with him) to a husband who
wanted to divorce his wife on the grounds that he did not love her,
“Woe unto you! Is love the only foundation of homes? Where your
obligation to care for and look after, and where is your sense of
shame?”
How worthless are the cheap words that pseudo-intellectuals
repeat in the name of “love” by which they only mean a volatile
burst of passion, and on the basis of which, not only do they permit
the separation of the spouses and destruction of the institution of
marriage, but they also go so far so to condone wives who cheat on
their husbands under the pretext that they do not love each other.
If the spouses are unable to live in harmony and the conflict
has intensified, there is still a ray of hope to keep the family bond
intact by means of arbitration. Arbitration is a respected mechanism
in Islam whereby two men with sound morals, who are
knowledgeable in Islamic jurisprudence and in the issue of
separation and reconciliation, are selected; a man from the wife‟s
family that she agrees to, and a man from the husband‟s that he
agrees to. The two arbitrators meet in a quiet place that is free from
the emotional reactions that disturbed the peace of the

relationship between the spouses. They should be intent on
protecting the reputation of the two families, and have compassion
for the young children. Neither should have an interest in
prevailing over the other, and their primary goal should be
reconciliation between the husband and wife and they must be
trustworthy enough to keep the spouses‟ secrets, as they belong to
their families and therefore should not have an interest in defaming
them.
The two arbitrators meet in an attempt to reconcile the
spouses. If the spouses have a sincere desire for reconciliation, then
by way of the strong desire within the two arbitrators, Allah will
grant them success and reconciliation. Allah the Almighty says:
َ‫آََد ْ َأَ ْفنْلِ َهددآَإن‬
ِ
ّ ‫َوس َُ ًمد‬
ِ ِ ِ ‫َخ ْفدت يَ ِ د َقآ َقََد ِ ِهمدآَفَدآَدعثُو َس َُمد‬
َ ‫آََد ْ َأَ ْفنْلد‬ّ ً َ َْ َ َْ
ِ
ْ ُ ‫ وإ ْن‬
ِ ِ ِ َ ْ ‫ي ِْي َك َإ‬
)13 8:‫ (انُسا‬ ‫ري‬ َ‫لسآَيدَُوّف ِاَ نَََُِد ْدَد ُه َمآَإ ننَ ن‬
ًَ ِ ‫َََِّآ َنَ َعنْل ًَمآَ َخ‬ ً ُ
People and an arbitrator from her people. If they
both desire reconciliation, Allah will cause it
between them. Indeed, Allah is ever Knowing and
Acquainted [with all things]. (4:35)
* Clause (5):
This Clause that the marital secrets are a trust that must be
preserved and looked after, and that they should not be revealed to
anyone other than those who are entitled to know them. Allah the
Almighty Says:
)36 8:‫ (انُسا‬‫َإَلَأَ ْفنْلِ َهآ‬
َ ِ َ‫ََي َُ َُُّْ ْ يَأَنَتُد َددُّو َ ألَ ََ َآ‬
َْ َِ‫إ ننَ ن‬
Indeed, Allah commands you to render trusts to
whom they are due and when you judge between
people to judge with justice. Excellent is that which
Allah instructs you. Indeed, Allah is ever Hearing
and Seeing. (4:58)
He also says:
َ‫دآَتِ ُُ ْ يَوأَند ددتُ ْ ي‬
َ ‫َوَتُونُددو َأ َََ د‬
َ ‫دول‬
َ ‫َِو ل نْ ُس د‬ َ ‫ ََيَأَيُّد َه ددآَ لَ د ِديي َ َ ََ ُددو‬
َ‫َالََتُونُددو َ ن‬
)15 8‫ (األَفال‬‫ن‬ َ ‫تَد ْعنْلَ ُمو‬
O you who have believed, do not betray Allah and

the Messenger or betray your trusts while you know
[the consequence]. (8: 27)
Likewise, it was narrated on the authority of Abu Sa‟eed Al-
Khudri (may Allah be pleased with him) that the Prophet (may
blessings and peace be upon him) said, “Among those who will
occupy the worst position in the sight of Allah on the Day of
Resurrection is the man who has intercourse with his wife and
she with him, and then he spreads her secret.” 1 Similarly,
Asmaa bint Yazeed said:
I was with the Messenger of Allah (may blessings and
peace be upon him) and the men and women were
sitting. He then said, “Perhaps a man says what he has
done with his wife and perhaps a woman informs
others about what she did with her husband.” The
people remained silent. Then I said, “By Allah, it is so,
O Messenger of Allah. They [the women] do it and they
[the men] do it.” He said, “Do not do so, for that is like
a male devil who meets a female devil in the road and
has intercourse with her while the people are
watching.” 2
Also, Jaabir ibn Abdullaah (may Allah be pleased with him) related
that the Prophet (may blessings and peace be upon him) said, “If a
man says something then turns away, then whatever he said is a
trust.”3
***
Article (66)
Abiding by Islamic Manners
1
Saheeh hadith, reported by Ahmad, Muslim, Abu Dawood, and the wording is from
Muslim.
2
3
Hasan hadith, reported by Ahmad, Abu Dawood, and At-Tirmidhi, and the wording is
from him
1. Encourage the other to live in obedience to Allah,

abide by noble manners, be cognizant of Allah‟s
watchfulness, fear Him in private and in public, and
perform his obligations to Al lah just as he insists that
others perform their obligations to him, or more so.
Both spouses should set a good example for each other,
and for the children in these affairs.
2. Teach the other and enable him to learn whatever he
needs to know to lead a good life in this world and in the
Hereafter.
3. Be neat, clean, and pure in all of his affairs, not just their
personal space, body, and clothing. More importantly,
they should maintain cleanliness and purity of the self,
the heart, the hand, and the tongue; avoiding sins and
everything that has been prohibited.
4. Abide by that which is lawful and pure, to earn his living
from lawful sources, and to avoid that which is
prohibited no matter how tempting. Also, each spouse
shall try to be economical and moderate in his spending,
neither being extravagant nor stingy, and he should
avoid focusing on appearances, putting on airs, and blind
following of others.

This Article elucidates a number of manners, morals, and
etiquettes that the spouses should abide by.
* Clause (1):
This Clause enjoins each of the spouses to encourage the
other to adhere to the teachings of Islam, and this precept is based
on a number of texts:
َُ‫كَو ل َْعآنَِ ِدي‬
َ ُ‫كَ ِر ْزنًَآَ ن ِْن ُ َندَ ْْ ُزن‬
َ ُ‫نأَل‬ ِ ‫كَ ِ ل ن‬
ْ َِ ْ ‫صل َو‬
ْ َ‫اَ َعنْلَ ْد َهآَالَن‬ َ َ‫ وأْ َُ ْْ َأَ ْفنْل‬
)211 8‫ (طه‬‫لِنْلنتد ْق َوى‬
And enjoin prayer upon your family [and people]
and be steadfast therein. We ask you not for

provision; We provide for you, and the [best]
outcome is for [those of] righteousness. (20: 132)
Concerning Prophet Isma‟il (peace be upon him), Allah says:
ِ ْ ََِ َِ‫صل َِو ل نزََّآ َِوََّآ َنَ َع َكَر‬
)33 8‫ (يزيى‬‫ًَْآ‬ ‫وََّآ َن َََيَُْ َُْأَ ْفنْلَ َُ ِ ل ن‬
ْ َ َّ
And he used to enjoin on his people prayer and
zakah and was to his Lord pleasing. (19: 55)
He also says:
َُ ‫آر‬ ِ ِ ِ
َ َُ ‫نآسَو ْا‬ ُ ‫ن ُُ ْ يَوأَ ْفنْل ُُ ْ يًَََر َونُو ُد َفآَ ل‬َ ‫ ََيَأَيُّد َهآَ لَيي َ َ ََ ُو َنُو َأَن ُف‬
َ‫ِ َََآ َأ َََ َُْف ْ ي َويَد ْف َعنْلُو َن َََآ‬ ِ ٌ ‫َعنْلَ دهآ ََلِِ َُيٌ َ ِ ل‬
َ‫ظ َ ك دٌ َال َيَد ْعصُو َن َ ن‬ َ َْ
)4 8‫ (انتحزيى‬‫ن‬ َ ‫يدُ ْدََ ُْو‬
O you who have believed, protect yourselves and
your families from a Fire whose fuel is people and
stones, over which are [appointed] angels, harsh
and severe; they do not disobey Allah in what He
commands them but do what they are commanded.
(66: 6)
Commenting on this verse, „Ali (may Allah be pleased with him)
said that Allah's Words “protect yourselves and your families from
a Fire” means to teach your families what is good.1 Mujaahid said,
“Protecting yourselves and your families from a Fire refers to
advising yourselves and your families to fear Allah and to
discipline your families.”2 Qataadah explained the verse to mean,
“Command them to fear Allah and not to disobey him.”3
Other bases for this precept include Allah‟s Words:
ََ ‫َوهللاَُ ُِ د د ُّ َ ملُ َْ ِن د د‬
‫ (آل‬‫ا‬ ِ ‫اَ َعد د ِ َ لند د‬
َ ‫دآس‬
ِ
َ ‫َو َلعد ددآف‬
َ ‫اَ لغَ د د ْ َظ‬
ِ
َ ‫ َو ل َُد ددآظ ِم‬
)212 8ٌ‫عًزا‬
Who spend [in the cause of Allah] during ease and
hardship and who restrain anger and who pardon
1
Saheeh chain of narration, reported by Al-Hakim.
2
Saheeh narration, reported by Al-Firyaabi, and reported with a hanging chain of
narration by Al-Bukhari.
3
Saheeh narration, reported by Abd Ar-Razzaaq in Al-Musannaf.
the people and Allah loves the doers of good. (3:

134)
ََ ‫ضَ َع ِ َ لَ ِآف‬
)277 8‫ (األعزاف‬‫نْلا‬ ِ
َ ‫َوأْ َُ َْْ ِ ُلع ْْف‬
ْ ِْ ‫َوأ ْع‬ ِ
َ ‫ َُخيَ ل َْع ْف َو‬
Show forgiveness, enjoin what is good, and turn
away from the ignorant. (7: 199)
َ َ‫ند ُ َفَدإذَ َ لن ِدييَََد ْد‬
َ‫دك‬ َ ‫َأس‬
ِ
ْ ‫نَِّئيَُ ْدفَ ْعَ ِ لن ِدِتَف َدي‬ ‫َوالََ ل ن‬
َ ُ‫نَي‬ َ َ‫نَت ِويَ ْا‬ ْ َ‫ َوالَ َت‬
َ‫َوََآَيدَُنْل نق َآفآَإِالنَذُو‬ ِ ِ
َ ‫َوََآَيدَُنْل نق َآفآَإِالنَ لنيي َ َ َ َ ِد ُْو‬
َ ‫َْت ٌ ي‬ ٌّ ِ‫َو‬
َ ‫ِل‬ َ ُ ‫َوََد ْدَ َُ َع َك َو ٌَََّأ ن‬
)13- 12 8‫ (فصهج‬‫ظَ َع ِم ٍَ ي‬ ٍّ ‫َس‬
And not equal are the good deed and the bad.
Repel [evil] by that [deed] which is better; and
thereupon the one whom between you and him is
enmity [will become] as though he was a devoted
friend. * But none is granted it except those who are
patient, and none is granted it except one having a
great portion [of good].  (41:34-35)
)21 8‫ (انشىري‬‫كَلَ ِم ْ َ َع ْزِمَ ألُ َُوَِر‬

َ ِ‫َو َ َف َََْإ ننَذَل‬
َ َْ ‫ َولَم ْ َ َ َ ِد‬
And whoever is patient and forgives indeed, that is
of the matters [requiring] determination. (42: 43)
ََ ‫ص ْف َحَ ْلَ ِم‬

)63 8‫ (انحجز‬َ ‫ فَآ ْ َف ِحَ ل ن‬
And We have not created the heavens and earth
and that between them except in truth. And indeed,
the Hour is coming; so forgive with gracious
forgiveness. (15: 85)
ُ َ‫ََت ُِّو َنَأ ْنَيَدغْ ِف ََْهللاَُل‬

)11 8‫ (انُىر‬‫ُ َْ ي‬ ُِ َ‫ص َفَو َأال‬
ُ ْ َْ‫َول‬
َ ‫ َولَْد ْعفُو‬
And let not those of virtue among you and wealth
swear not to give [aid] to their relatives and the
needy and the emigrants for the cause of Allah, and
let them pardon and overlook. Would you not like
that Allah should forgive you? And Allah is
Forgiving and Merciful.  (24: 22)
Also, this precept is supported by the following hadith:
It was narrated on the authority of Abu Hurairah (may Allah
be pleased with him) that the Messenger of Allah (may blessings

and peace be upon him) said:
May Allah bless the man w ho gets up during the
night to pray and wakes up his wife and who, if she
refuses to wake up, sprinkles water on her face. And
may Allah bless the woman who gets up during the
night to pray and wakes up her husband and who, if
he refuses to wake up, sprinkles water on his face.1
An-Nawwaas ibn Sam‟aan (may Allah be pleased with him)
upon him) said, “Righteousness is good character, and sin is that
which wavers in your heart and which you do not want people
to know about.” 2 It was related from Anas that the Messenger of
Allah was the best of people in his manners.3 He also said:
I never felt any piece of velvet or silk softer than the
palm of the Messenger of Allah (may blessings and
peace be upon him), nor did I smell any fragrance more
pleasant than the smell of Messenger of Allah (may
blessings and peace be upon him). I served him for ten
years, during which he never once said Ùff‟ (an
expression of disgust) to me. Also, he never asked me
“Why did you do that?” about something I did, or “Why
didn‟t you do such and such” about something I did not
do.4
It was related by Abu Umaamah Al-Baahili (may Allah be pleased
upon him) said:
I guarantee a house in Paradise for whoever gives up
arguing, even if he w as in the right; and a house in
the middle of Paradise for whoever gives up lying,
1
Hasan hadith, reported by Abu Dawood and An-Nasaa‟i.
2
Saheeh hadith, reported Ahmad, Muslim, and Ad-Daarimi, and the wording is from
Muslim.
3
4
even when he is joking; and a house in the highest

level of Paradise for whoever who has good manners.
1
“The most complete believers in faith are those who have the
best manners and the best of you is he who is best to his
wives.” 2 „Abdullah ibn Al-Mubaarak (may Allah have mercy upon
him) was reported to have said that the “best manners” are “To
have a smiling face, to be generous, and to refrain from causing
harm.”3
*Clause (2):
This Clause states that each spouse should teach the other, or
enable him to learn whatever he needs to know to lead a good life
in this world and in the Hereafter. The elements of cooperation in
righteousness, piety, amiability, compassion and integration
between the spouses have already explained in Articles (5), (17),
(62), (63), and (64). Further explanation will come in Articles (69),
(73), and (76).
*Clause (3):
This Clause urges each spouse to be organized, clean, and
pure inside and out. This precept is based on a number of texts:
Allah the Almighty Says:
َُ‫َر ُسوال ََِّ ُُ ْ ي َيَد ْتدنْلُو َ َعنْلَ ُُْ ْ ي َ ََيتَِآ َويدَُزَِّّ ُُ ْ ي َويدَُعنْلِّ ُمُُ ي‬ ِ
َ ‫ ََّ َمآ َأ َْر َسنْلَْآ َف ُُ ْ ي‬
)232 8‫ (انبمزة‬‫ن‬ َ ‫آبَو ْاِ ُْ َم َيَويدَُع ّنْلِ ُم ُُ يَ نَآَََلََْت ُُونُوََتد ْع َنْل ُمو‬َ ‫لَُت‬
ِ
Just as We have sent among you a messenger from
yourselves reciting to you Our verses and purifying
you and teaching you the Book and wisdom and
teaching you that which you did not know. (2: 151)
In fact, Allah even swears eleven successive times, which is unlike
1
Saheeh hadith, reported by Abu Dawood.
2
3
Saheeh narration, reported by At-Tirmidhi.
any other vow in the Qur‟an, emphasizing the importance of “self

purification” in His Words:
)27- 7 8‫ (انشًس‬‫آفآ‬ َ ‫َونَ ْكَ َخ‬َ‫َنَ َْك َأَ ْفدنْلَ َح َََ َ َزنَّ َآفآ‬
َ ‫آب َََ َ َد نس‬
He has succeeded who purifies it * And he has
failed who instills it [with corruption]. (91: 9-10)
Moreover, Allah Says:
)222 :‫ (البقرة‬ََ ‫اَو ُِ ُّ َ ملَُت َ ِّه ِْي‬
َ َِ ‫َِ ُِ ُّ َ لنتد نو‬
َ‫ إ ننَ ن‬
And they ask you about menstruation. Say, "It is
harm, so keep away from wives during
menstruation. And do not approach them until they
are pure. And when they have purified themselves,
then come to them from where Allah has ordained
for you. Indeed, Allah loves those who are
constantly repentant and loves those who purify
themselves." (2: 222)
He also says:
ََ ‫نر َجآ ُ َ ُلعنْلَى‬ ِ‫ص‬
َ ِ‫آاَآ ِ َفَأ ُْولَئ‬ ‫وَ َََيْتِِ ََُ ْدًَِآ َنَ ْك َعَ ِم ََ َ ل ن‬
َ ‫ك َ َهلُ يُ َ لك‬ َ 
 ‫ََ ََتد َزنَّى‬ ِ ِ ِ ِ
َ ‫ََتت َهآَ ألَندْ َهآرَُ َخآلكي َ َف َهآَوذَل‬ ِ ِ
ْ َ ََ‫َِت ِْي‬ ٍ
َ ُ ‫َج َز‬
َ ‫ك‬ ْ َ ‫َجنآ ُ َ َع ْكن‬
)54- 53 8‫(طه‬
But whoever comes to Him as a believer having
done righteous deeds for those will be the highest
degrees [in position]: * Gardens of perpetual
residence beneath which rivers flow, wherein they
abide eternally. And that is the reward of one who
purifies himself  (20: 75-76)
)26 8‫ (فاطز‬ُ‫ري‬
َ‫ص‬ َِ‫َوإَلَ ن‬
ِ َ‫َِ مل‬ َ ِ ‫وَ ََتد َزنَّىَفَإ نَّنَآَيَدَتد َزنَّىَلَِد ْف ِن‬
َ 
…And whoever purifies himself only purifies
himself for [the benefit of] his soul. And to Allah is
the [final] destination. (35: 18)
It was reported by Abu Mali Al-Ash‟ari (may Allah be
peace be upon him) said, “Purification is half of faith.” 1 It

was reported by „Abdullah ibn „Amr (may Allah be pleased with
him) that the Messenger of Allah (may blessings and peace be upon
him) said, “The Muslim is one from whose tongue and hand
other Muslims are safe and the emigrant is the one who leaves
what Allah has prohibited.” 2 It was reported by An-Nu‟man ibn
Basheer (may Allah be pleased with him) that he heard the
Messenger of Allah (may blessings and peace be upon him) say,
“Behold, in the body there is a piece of flesh; if it is sound, the
whole body is sound, and if it is corrupt, the whole body is
corrupt. Behold, it is the heart.” 3
It was reported by „A‟ishah (may Allah be pleased with her)
that the people would come to Friday prayer from their houses in
neighboring villages causing their clothing to become dusty and
sweaty. One of them came to the Messenger of Allah (may
blessings and peace be upon him) while he was in „A‟isha‟s home
and the Messenger of Allah said to him, “It would be good if you
cleaned yourself on this day.” 4 It is narrated on the authority of
Salih ibn Abi Hassaan that he said:
I heard Sa‟eed ibn Al-Musayyib say, “Assuredly,
Allah is good and He loves goodness, is clean and He
loves cleanliness, is munificent and He loves
munificence, is generous and he loves generosity. So
keep your rooms and courtyards clean, and do not be
like the Jews.” 5
It was reported by Abu Hurayrah (may Allah be pleased with him)
that the Prophet (may blessings and peace be upon him) said,
“Whoever believes in Allah and in the Last Day, shall speak
good or be quiet.” 6 Abu Musa (may Allah be pleased with him)
1
2
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, An-Nasaa‟i
and Ad-Daarimi.
3
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Ibn Maajah, and Ad-
Daarimi.
4
5
Weak hadith, reported by At-Tirmidhi.
6
reported that he said, “O Messenger of Allah, who is the best

Muslim? He answered, “He is the one from whose tongue and
hand the Muslims are safe.” 1 Sahl Ibn Sa‟d (may Allah be
pleased with him) reported that Allah‟s Messenger (may blessings
Whoever can guarantee for me [that he will guard]
what is between his jaws [tongue] and what is
between his legs [private parts], I will guarantee for
him Paradise. 2
Abu Hurayrah (may Allah be pleased with him) narrated that the
A slave [of Allah] may utter a word which pleases
Allah without giving it much importance. and
because of it Allah will raise him to degrees [of
reward]; likewise a slave [of Allah] may utter a word
[carelessly] which displeases Allah, without thinking
of its gravity and because of that he will be thrown to
the Hell fire.3
Also, we have mentioned some texts that affirm the precept
of restraining one‟s tongue from indulging in cursing and insulting
others in the previous Article,.
*Clause (4):
This Clause urges each of the spouses to adhere to the
precept of earning only lawful, pure income, and to be economical
in spending, based on the following texts. Allah the Exalted says:
َ ِ‫ا َذَل‬
8ٌ‫ (انفزلا‬‫ك َ َند َو ًَآ‬ ِ
ْ ُ‫ و لنيي َ َإ َذ َأَن َف ُقو َََلَْي‬
َ ْ ‫ن ِْفُو َوََلَْيَد ْقتُد ُْو َوََّآ َن َََد‬
)45
And [they are] those who, when they spend, do so
not excessively or sparingly but are ever, between
that, [justly] moderate (25: 67)
1
2
3
َ‫ن ِْفُو‬ ٍ ِ ََ َِ َُّ َ ‫َع ْ َك‬

ِ ‫ َي ََ ِ َ َ َدم َ ُخ ُيو َ ِزيَدت ُُ ي‬
ْ ُ‫َوالَت‬
َ ‫َو ْ ََُْو‬
َ ‫نُ َك َوَُّنْلُو‬
َْ ّ ْ َ َ َ َ
ِ ِ
)12 8‫ (األعزاف‬‫ا‬ ِ
ََ ‫نْف‬ ُ ‫إِ ن َُالَ ُ ُّ َ ل‬
ْ ‫ْم‬
O children of Adam, take your adornment at every
masjid, and eat and drink, but be not excessive.
Indeed, He likes not those who commit excess.  (7:
31)
ِ ‫ َإِ نن َ لْم ِ ِّي ِري َََّآنُو َإِ ْخو َن َ ل ن‬َ ْ‫والَتُد ِ ِّير ََتد ِ ِيي‬
َ ‫شَآط ِا‬
‫َوََّآ َن َ ل ن‬
َُ‫ش ْ َآن‬ َ َ َُ ً ْ ْ َ َ
ِ ِ
)15- 14 8:‫ (اإلرسزا‬ ‫ور‬ ً ُ‫ل ََِّْ َََّف‬
…do not spend wastefully. * Indeed, the wasteful
are brothers of the devils, and ever has Satan been
to his Lord ungrateful. (17: 26-27)
َ‫َوتُ ْكلُو َِِبَآَإِ ََل َ ْاُ نُ ِآم َلَِتأْ َُّنْلُو َفَ ِْي ًقآ‬ ِ
َ َِ ‫ََت َُّنْلُو َأ ََْ َو لَ ُُ ْ ي َََد ْدَ ُُ ْ ي َ ِ لَْ ِآط‬
َْ ‫ َوال‬
)266 8‫ (انبمزة‬‫ن‬ َ ‫َوأَندْتُ ْ يََتد ْعنْلَ ُمو‬ ِ ‫َِ ْ َأ ََْ َو ِلَ ل‬
َ ‫نآسَ ِ ِْإل ُِْث‬
And do not consume one another‟s wealth unjustly
or send it [in bribery] to the rulers in order that
[they might aid] you [to] consume a portion of the
wealth of the people in sin, while you know [it is
unlawful] .(2: 188)
َِ ‫ َِب َ َ ُ ٍوم َو‬َ‫شمآ ِل‬
َْ ََِ ٍَّ ‫ َ َو ِظ‬َ‫ْت ٍ ي‬ ِ ِّ ‫آب َ ل‬
ِ ‫ش َم‬
َ َ ّ ‫آب َ ل‬ ُ ََ ْ َ‫آل َََآَأ‬ ُ ََ ْ َ‫ َوأ‬
ِ ِ ٍ ٍ
8‫ (انىالعت‬‫ا‬ ََ ‫ََ ْتد َْف‬
ُ‫ك‬ َ ‫ َإِ دن ُه ْ ي َََّآنُو َ َند ْ ِ ََ َ َذل‬َ‫َوال َََّ ِْ ٍي‬
َ ‫ َالَ َ ِرد‬َ‫َ ْ ُموم‬
)23- 22
And the companions of the left what are the
companions of the left? * [They will be] in
scorching fire and scalding water * And a shade of
black smoke * Neither cool nor beneficial. * Indeed
they were, before that, indulging in affluence.  (56:
41-45)
In the explanation of this verse it is mentioned, “Before this
punishment, they were extravagant in their enjoyment of the
pleasure of this life.” Allah the Exalted says:
ِ ِ ْ‫ك َوالََتد ِن ْهآ َ َُّ نَ َ ل‬ ِ
َ‫وَآ‬
ً ُ‫ن َ َفدَتد ْق ُع َك َََنْل‬
َْ َ ُ ْ َ َ ‫الَِت َع َْ َيَ َك َك َََغْنْلُولَيً َإِ ََل َعُ ُق‬
ْ َ ‫ َو‬
)17 8:‫ (األرسزا‬ ‫ور‬ ً ‫ن‬
ُ ‫َُّْم‬
And do not make your hand [as] chained to your

neck or extend it completely and [thereby] become
blamed and insolvent. (17: 29)
It was reported from Abu Hurayrah (may Allah be pleased
with him) that the Messenger of Allah said:
O you people, Allah is good. He only accepts what
is good. Allah has ordered the Believers that which
he ordered the Messengers, for He said:
ِ َ ‫َيَأَيدُّهآَ ُّلْسََ َُّنْلُو ََِ َ ل نِ ِآ ِ َو ْعمنْلُو‬
)32 8ٌ‫ (انًؤيُى‬ً‫آاَآ‬ َ َ َ َّ َ ُُ َ َ
[Allah said], O messengers, eat from the good
foods and work righteousness. ...  (23: 51)
ِ ِ ِ
َ َََ ‫ ََيَأيدُّ َهآَ لنيي َ َ ََ ُو َ َُّنْلُو ََ ْ َطََِّ ِآ‬
)272 :‫ (البقرة‬‫آَرَزْندَآ َُّ َْ ي‬
O you who have believed, eat from the good things
which We have provided for you and be grateful to
Allah if it is [indeed] Him that you worship.  (2:
172)
Then the Prophet (may blessings and peace be
upon him) mentioned a man who undertakes a
very long journey. He describes him as unkempt
and covered in dust. He stretches his hands toward
the sky crying „O my Lord! O my Lord!‟ but his
source of food, drink and clothing is unlawful and
he sustains himself unlawfully, so how can he
expect a response to his appeal? 1
It was reported by Hakeem ibn Hizaam (may Allah be pleased with
him) that the Prophet (may blessings and peace be upon him) said,
“And [know] that he who refrains from begging others [or
doing prohibited deeds], Allah will make him contented, and he
who does not ask others [for money, etc.], Allah will relieve him
of his need for others” 2 It was reported by An-Nu‟man ibn
1
2
Saheeh hadith, reported by Al-Bukhari and Muslim and the wording is from Al-
Bukhari.
Basheer (may Allah be pleased with him) that he said, I

heard the Messenger of Allah (may blessings and peace be upon
him) say:
That which is lawful is clear and that which is
unlawful is clear. Between the two are doubtful
matters that few people have knowledge about.
Whoever avoids these doubtful matters absolves
himself of blame with respect to his religion and
his honor. Whoever falls into doubtful things will
fall into what is unlawful, just like the shepherd
who grazes his flock too close to a private pasture
is liable to have some of his flock stray into it.
Every king has a private pasture, and Allah‟s
private pasture is what he has prohibited. 1
An-Nawwaas ibn Sam‟aan (may Allah be pleased with him)
upon him) said, “Righteousness is good character, and sin is that
which wavers in your heart and which you do not want people
to know about.” 2
Also, the obligation of forming a family according to the
social rules and values of Islam has been previously mentioned.3
***
1
Saheeh hadith, reported by Al-Bukhari and Muslim with similar wording.
2
Saheeh hadith, reported Ahmad, Muslim, and Ad-Daarimi, and the wording is from
Muslim.
3
Article (38) of Part II of Section Three of Chapter II.
Article (67)
Maintaining Good Relations with People; Particularly with
Neighbors and Relatives
1. Take care to maintain the standards of the manners of
Shari‟ah when visiting, meeting, and interacting with
others.
2. Take care to maintain good relations with people,
particularly neighbors, relatives, and kin. Likewise, each
spouse should consider the other‟s relatives to be as close
to them as they are to the other person.
3. Strive to maintain good relations with neighbors,
particularly by not bothering them with any form of
annoyance or noise.
4. Take care of their health, avoid bad eating habits, and
strive to use national products and boycott enemy
products.

This Article explains the manners to be observed by the
family in its relationship with others, such as relatives and
neighbors.
* Clause (1):
This Clause introduces the importance of adhering to the
manners that Shari‟ah sanctioned with regard to visiting people in
general. Some of these manners include asking for permission
before visiting anyone, avoiding intermixing between men and
women, and abiding by Shari‟ah‟s standards of dress during the
visit. These precepts are based on a number of texts:
*Asking permission before visiting:
Allah Says:
‫ََتتُو َ ل ُِد ُو َ ََِ َظُ ُهوِرَفآ َولَ ُِ ن َ ِ ن‬
َ‫لا َََ ِ َ نتد َقى َوأْتُو‬ َْ ‫لا َ ِِبَن‬
ُّ ِ َ ‫س‬
َ ْ َ‫ول‬
َ ‫ََِل َعنْلن ُُ ْ يَتُد ْفنْلِ َُو‬

)267 8‫ (انبمزة‬‫ن‬ ِ
َ‫ل ُِد ُو َ ََ ْ َأََْد َو ِِبَآَو نتد ُقو َ ن‬
… And it is not righteousness to enter houses from
the back, but righteousness is [in] one who fears
Allah. And enter houses from their doors. And fear
Allah that you may succeed.  (2: 189)
ِ َ‫َي َأَيدُّ َهآ َ لَ ِيي َ َ ُو َال َتَ ْك ُخنْلُو ََد وًَت َ َ ْدْ ََد وتِ ُُ ي َس نَ َت‬
َ‫ن و‬ُ ‫نَتأْن‬
ْ َ ْ ُُ َ ُُ َ َ َ
َ‫َِت ُكو َفِ َهآ‬َِ ْ‫ َ َفإنَنَل‬َ‫وتُن ّنْلِ ُمو َ َعنْلَىَأَ ْفنْلِ َهآَ َذلِ ُُ َْ يَ َخ ْدْ َلن ُُ ْ ي َلََعنْلن ُُ ْ ي ََت َينَّْو َن‬
ُ ٌ َ
َ‫َف َو‬ ‫و‬ ‫ع‬ ‫ج‬ِ ‫آر‬ ‫ف‬
َ َ ‫و‬‫ع‬ ‫ج‬ِ ‫ر‬ َ ‫ ي‬ ُ
ُ ‫ل‬
َ َ َ ِ‫أَس ًك َفَل ََت ْك ُخنْلُوفآ َس نَ َيد ْدذَ َن َلَ ُُ ي َوإن َن‬
ُ ُ ْ ُ ْ ُ َ ْ ُ َ َ َ
َ‫آح َأَنَتَ ْك ُخنْلُو ََدُُوًَت‬ ِ ِ
ٌ َ‫َج‬ُ ‫س َ َعنْلَ ْ ُُ ْ ي‬
َ ْ َ‫ َل‬َ‫أَ ْزََّىَلَُُ ْ ي َو نَُِِبَآََتد ْع َمنْلُو َن َ َعنْل ٌ ي‬
ٍِ
‫ن‬ َ ‫عَلن ُُ ْ يَو نَُِيَد ْعنْلَ ُ ي َََآَتُد ْ ِ ُكو َن‬
َ ‫َوَآََتُْتُ ُمو‬ ٌ ‫آَََتآ‬
َ ‫ن ُُونَيَف َه‬ ْ َََ َْ ‫َ ْد‬
)17- 15 8‫(انُىر‬
O you who have believed, do not enter houses
other than your own houses until you ascertain
welcome and greet their inhabitants. That is best for
you; perhaps you will be reminded. * And if you do
not find anyone therein, do not enter them until
permission has been given you. And if it is said to
you, Go back, then go back; it is purer for you. And
Allah is Knowing of what you do. * There is no
blame upon you for entering houses not inhabited
in which there is convenience for you. And Allah
knows what you reveal and what you conceal.  (24:
27-29)
ًََ‫آرََّيً َطََِّ ِي‬ ِ ِ ِ ِ ِ ِ ِ َ‫وَت َف‬

َ ِ َََ
ُ ِ‫ننْلّ ُمو َ َعنْلَى َأَنفُن ُُ ْ ي َََتنيً ََّ ْ َع ك َ ن‬
ِ
َ ً ُُ‫فَإذَ َ َد َخنْلْتُ ي ََد‬
)42 8‫ (انُىر‬‫ن‬ ِ
َ ‫آلَي ََل َعنْلن ُُ ْ يَت ْعقنْلُو‬ َ ِ‫ََّ َيل‬
ُ ِّ‫كَيدَُ ِد‬
َ َ‫اَ نََُِل ُُ ُ ي‬
… But when you enter houses, give greetings of
peace upon each other a greeting from Allah,
blessed and good. Thus does Allah make clear to
you the verses [of ordinance] that you may
understand. (24: 61)
ََ‫نَتأْ ِذنُو َََّ َمآَ ْسَتأْذَ َنَ لَ ِيي َ ََِ َ َند ْ ِنْلِ ِه ْ ي‬ ِ
ْ َْ‫ وإذَ َََدنْلَ َغَ ألَطْ َفآ ُلََ ُُ ُ يَ اُنْلُ َ يَ َفدنْل‬
)37 8‫ (انُىر‬‫ُ ٌَ ي‬ ِ ‫كَيد ِدِاَ نَِلَ ُُ يَ َيتَِِو نَِ َعنْلِ يَس‬ ِ
َ ٌ ُ َ ْ ُ ُ ّ َُ َ ‫ََّ َيل‬
And when the children among you reach puberty,
let them ask permission [at all times] as those before

them have done. Thus does Allah make clear to you
His verses; and Allah is Knowing and Wise.  (24:
59)
On the authority of Abu Musa Al-Ash‟ari (may Allah be
pleased with him) it was related that the Messenger of Allah (may
blessings and peace be upon him) said, “Ask for permission [to
enter no more than] three times. If you are permitted, go
ahead; otherwise, go back.”1 It was narrated on the authority of
Sahl ibn Sa‟d (may Allah be pleased with him) that the Messenger
of Allah (may blessings and peace be upon him) said, “Permission
was ordained for the sake of [protecting] one‟s sight [from
looking at something that he should not].” 2 It was related by
Rib‟iy ibn Hiraash that a man from Banu „Aamir asked for
permission to enter a house where the Prophet (may blessings and
peace be upon him) was, by saying, “May I come in?” The
Messenger of Allah (may blessings and peace be upon him) said to
his servant, “Go out to this (man) and teach him how to ask for
permission. Tell him to say, „As-Salamu alaykom (peace be
upon you), may I enter?‟” The man heard him and said, “As-
Salamo alaykom, may I enter?” So, the Prophet (may blessings and
peace be upon him) gave him permission, and he entered. 3 It was
narrated on the authority of Kaladah ibn Al-Hanbal (may Allah be
pleased with him) that he said, “I went to the Prophet (may
blessings and peace be upon him) and entered without greeting him
with Salaam (peace), so he said, „Go back and say „As-Salamo
alaykom, may I enter?‟”4
* Manners related to intermixing between men and women:
As a rule, Islam prohibits intermixing between men and
women5 unless is necessary or important. The necessity should be
1
2
3
4
Hassan hadith, reported by Abu Dawood and At-Tirmidhi.
5
[T.N. It should be noted that all references to the prohibition of men and women
intermingling are specific to those men and women who are not permanently
forbidden to marry each other.]
evaluated according to its actual extent to prevent arousal

or temptation. To that end, a place in every Muslim house should
be allocated for men and another place should be allocated to
women as much as possible. There are several Shari‟ah texts to that
effect:
In a hadith on the authority of Hamzah ibn Abi Usayd Al-
Ansaari he reported that his father heard the Messenger of Allah
(may blessings and peace be upon him) as he was leaving mosque,
and men were mixed with women in the road, saying to the
women, “Keep back; you should not walk in the middle of the
road - walk on the sides.” 1
Umm Salamah (may Allah be pleased with her) said, “The
Messenger of Allah (may blessings and peace be upon him) would
wait a little while after finishing the prayer with Salaam [before
leaving]. People assumed that he did so in order for women to
leave before the men.”2 Commenting on this hadith, Ibn Hajar said,
“It is understood from the hadith that is hated for men to intermix
with women on the streets, let alone in houses.”3 It is narrated on
the authority of „Uqbah ibn „Aamir (may Allah be pleased with
him) said, “Beware of entering the presence of women.” A man
from the Ansaar asked, “What about the husband‟s male relatives?”
to which the Messenger (may blessings and peace be upon him)
said, “The husband‟s male relatives are like death.” 4 The
husband‟s male relatives include, but are not limited to, his brother,
his nephew, and his cousin. It was related on the authority of Ibn
„Abbaas (may Allah be pleased with them), that the Messenger of
Allah (may blessings and peace be upon him) said, “Let none of
you be in seclusion with any woman unless in the presence of a
mahram.”5
1
Hassan hadith, reported by Abu Dawood, and by Ibn Hibbaan in his Saheeh.
2
Saheeh hadith, reported by Ahmad, Al-Bukhari, Abu Dawood, the wording is from
him.
3
Al-‟Asqalaani, Ibn Hajar. Fath Al-Baari, vol.2, pp. 336.
4
Saheeh hadith, narrated by Al-Bukhari and Muslim.
5
Saheeh hadith, narrated by Al-Bukhari and Muslim.
For more information regarding the Islamic dress code,

please refer to the Qur‟anic verses and the prophetic hadiths that
are mentioned in the commentary on Article (75).
* Clause (2):
This Clause deals with the obligation of maintaining good
relations with people, particularly relatives and kinship. This is
highlighted by many texts:
Allah Says:
َ‫آََوَِ ِييَ لقُ َْْ ى‬ًَ ‫ن‬
َ ‫َإس‬
ِ ِ
ْ ِ ْ‫ش َُِّْو ََِ َ َ ْدئًَآَو ِ ل َْو ل َكي‬
ْ ُ‫َِوالَت‬
َ‫ و ْع ُِ ُكو َ ن‬
َ ِ َْ‫صآس ِ َ ِ ْل‬ ِ ِ
‫نآَّ ِاَو ْلَآ ِرَذيَ ل ُق َْْ ىَو ْلَآ ِرَ لُُ ِ َو ل ن‬ ِ
َ ‫و لَْدَت َآَىَو ل َْم‬
ِ َ‫تَأ َُْيَآنُ ُُ يَإ ننَ ن‬
 ‫ور‬
ًَ ‫َِالَ ُ ََُّ ََ َََّآ َنَنيَُْتآالَفَ ُخ‬ ْ ْ َُ َ‫آََنْل‬ َ َِ ِِ ‫ن‬
َ َ‫َو‬ ‫و َْ ِ َ ل ن‬
)14 8:‫(انُسا‬
boastful.  (4: 36)
‫َرنِ ًَ ِآ‬ ِ
َ‫نآ َلُو َنََِ َو ألَ ْر َس َآمَإ ننَ ن‬
َ ‫ِ َََّآ َنَ َعنْلَ ْ ُُ ْ ي‬
ِ ‫ و نتد ُقو َ ن‬
َ ‫َِ لنييََت‬
َ
)2 8:‫(انُسا‬
... Indeed Allah is ever, over you, an Observer. 
(4: 1)
ََ‫َسو‬
ُ ‫َوَيَآفُو َن‬
َ ‫َرَدن ُه ْ ي‬
َ ‫ش ْو َن‬ َ ََ َ ‫صنْلُو َن َََآ َأ َََ َْ َ نُِ ََِ ِ َأَن َيُو‬
َ ْ‫َوَي‬ ِ ‫ و لن ِيي َي‬
َ َ
)12 8‫ ( انزعد‬‫آب‬ َِ ‫ن‬ ِ
َ‫ا‬
And those who join that which Allah has ordered
to be joined and fear their Lord and are afraid of
the evil of [their] account.  (13: 21)
It was related on the authority of Ibn „Umar and „A‟ishah
(may Allah be pleased with them) that the Messenger of Allah
(may blessings and peace be upon him) said, “Jibreel (Gabriel)
kept exhorting me to treat neighbors kindly, to the extent that I
thought that he would make them inherit.” 1 It was

related on the authority of Abu Dharr (may Allah be pleased with
him) that the Messenger (may blessings and peace be upon him)
said, “O Abu Dharr! When you prepare soup, add water to it
[so that there will be more]; to make it a habit to keep in touch
with your neighbors.” 2 In another narration, it is reported that Abu
Dharr (may Allah be pleased with him) said, “My beloved
companion [the Prophet (may blessings and peace be upon
him)] advised me, „If you make soup, add more water to it, then
look for a household of your neighbors and offer them some.‟” 3
It is narrated on the authority of Abu Hurayrah (may Allah be
pleased with him) that the Prophet (may blessings and peace be
upon him) said, “By Allah, he does not believe! He does not
believe!” It was asked, “Who is that, O Messenger of Allah?” He
said, “The one whose neighbor is not safe from his evil.” 4 It is
also narrated on the authority of Abu Hurayrah (may Allah be
peace be upon him) said, “O Muslim women, do not think
anything to be too little to give as a gift to one of your neighbor
women, even if it happens to be a sheep‟s hoof.” 5 Also, it was
narrated on the authority of Abu Hurayrah (may Allah be pleased
with him) the Messenger of Allah (may blessings and peace be
upon him) said:
Whoever believes in Allah and the Last Day
should not harm his neighbor, and anybody who
believes in Allah and the Last Day should
entertain his guest generously and anybody who
believes in Allah and the Last Day should speak
that which is good or keep quiet.6
It was reported on the authority of „A‟ishah (may Allah be
pleased with her) that she said, “O Messenger of Allah, I have two
1
2
3
4
5
6
neighbors, if I want to give a gift to one of them, to whom should I

give it?” He replied, “The one whose door is the nearest to
you.” 1 Also, it was reported on the authority of Ibn „Umar (may
blessings and peace be upon him) said:
The best of friends in the sight of Allah the
Almighty is the one who is the best to his
companion, and the best of neighbors in the sight
of Allah the Almighty is the one who is the best to
his neighbor. 2
It was also narrated on the authority of Ibn „Umar (may
Allah be pleased with them) that the Messenger of Allah said:
The Believer who interacts with people and is
patience with their malice gets more reward than
the Believer who avoids interacting with people
and does not have patience with their malice. 3
* Clause (3):
This Clause is based on the premise that annoyance is a form
of harm. This has already been stated in the previous Clause that
addresses maintaining good and kind relations with one‟s
neighbors.
* Clause (4):
This Clause deals with two issues:
1. Taking care of one‟s health and avoiding poor
eating habits.
2. Striving to use national products and boycotting
enemies‟ products.
Regarding the first matter; a person‟s body is a trust that he
must look after to avoid falling into ill health. The importance of
the body lies in the fact that it is the vehicle by which the
1
2
Saheeh hadith, reported by At-Tirmidhi.
3
Saheeh hadith, reported by At-Tirmidhi and Ibn Maajah and the wording is from him.
individual performs good deeds as well and fulfils personal

interests as well as interests of the family, the society, the Muslim
community, and the heralds of civilization. These issues are
supported by many Shari„ah texts which include the words of the
Prophet (may blessings and peace be upon him), “The strong
Believer is better and more beloved to Allah then the weak
Believer, and there is good in both of them.”1 Also, the Prophet
(may blessings and peace be upon him) used to supplicate to Allah
saying, “O Allah! Grant me health in my body. O Allah! Grant
me good hearing. O Allah! Grant me good eyesight.” 2 Due to
all of these reasons, Islam places great importance on looking after
one‟s health; for disability, or even weak health, leaves a person
unable to work.
Taking care of health involves three elements:
1- Nutrition: Care should be given to consuming the proper
quantity of food, the quality of the food, the vitamins and
minerals it contains, and the time at which it is consumed
according to modern medical studies that prove the
authenticity and effectiveness of the Islamic guidance that
states that the stomach is the abode of disease, and that diet
is the most important factor in every medicine. Islamic
guidance also forbids overeating and recommends only
eating food after the previous meal has been fully digested
and the person feels hungry. It was narrated on the authority
of Al-Miqdaam ibn Ma‟dikarib (may Allah be pleased with
him) that he heard the Messenger of Allah (may blessings
and peace be upon him) say:
There is no container that a son of Adam fills that is
worse than his stomach. A few morsels that keep his
back upright are sufficient for him. If he has to, then he
should keep one-third for food, one-third for drink and
one-third for his breathing.3
1
Saheeh hadith, reported by Ahmad, Muslim and Ibn Maajah.
2
3
Hassan hadith, reported by At-Tirmidhi, Ibn Maajah, and the wording is that of At-
Tirmidhi.
This Clause refers to precept in the phrase, “avoid bad

eating habits”.
2- Sports: One should practice sports that suit his health
conditions and his age.
3- Medicine: The person should only resort to medication in the
case of a disease that attacks the body, which is only the
result of violating one of the to previously mentioned points.
In the case that this happens, the basic rule that one should
follow is the Prophetic order, “O Servants of Allah, use
medication, for Allah has not created any ailment except
that he has also created a cure – or he said a medicine –
except for one disease.” They said, “Which is that, O
Messenger of Allah?” He said, “Old age.” 1
The other aspect of Clause (4) is to strive to only use
national products and to boycott the enemies‟ products, and this is
an exception to the precept of maintaining good relations with
people, which is stated in the title of the Article. Not all people
deserve this kind of good treatment; and enemies should be treated
in the way they deserve, which includes boycotting their products.
Otherwise, how can we consider them enemies of the Muslim
community while we reinforce them by means of buying their
products!
***
Part II: The Wife‟s Rights Over Her Husband

This Part discusses the wife‟s rights over her husband, in
terms of bearing the expenses of marriage, observing equitable and
kind treatment, and the right to financial maintenance. Also, it
explains the rules for woman‟s work outside of the home and the
husband‟s role in helping his wife with housework. These topics
are covered in five articles, and this Part is primarily based on the
hadith of the Messenger of Allah (may blessings and peace be upon
1
Hassan hadith, reported by Abu Dawood, At-Tirmidhi, Ibn Maajah, and the wording
is of At-Tirmidhi.
him), “Indeed, your wife has a right over you.” 1

***
Article (68)
The Obligation to Bear the Expenses of Marriage
Islamic Shari‟ah obliges the husband alone, to pay the
financial support and dowry of his wife and furnish her house.
The wife is not required to bear any of these expenses unless
she willingly agrees to do so out of the kindness of her heart,
however, in such a case, she maintains her right to anything
that she contributes.

This Article clarifies the financial obligations for which the
husband is solely responsible. They include:
* Marriage expenses:
This includes the procedures for executing and documenting
the marriage contract, and expenses related to the wedding, such as
the banquet, etc. The wife is not required to pay for any of these
expenses unless she agrees to. Even if it is a common custom for
the wife to contribute to these costs, if she refuses despite the fact
that it is customary, then it is not permissible to coerce her as any
tradition that contradicts Shari‟ah is invalid and is not recognized
by Shari‟ah. In fact, it is proven that the Messenger of Allah (may
blessings and peace be upon him) bore all of the expenses of his
marriage, and that he commanded others to do the same. This point
has already been mentioned in the commentary on Article (53) of
Section Two of Chapter III.
*The Wife‟s Dowry:
The dowry is the money or property which is due to the wife
from the husband upon execution of the marriage contract or
consummation of the marriage. The dowry, which is an obligation
on the man, not on the woman, becomes obligatory when one of
1
Saheeh hadith, reported by Ahmad and Al-Bukhari.
the following two conditions has been fulfilled:

1. With the execution of a valid marital contract, in which case
the entire dowry or part of it may be forfeited if the marital
contract is not confirmed by the consummation of marriage
or by death.
2. Actual consummation, as in the case of having intercourse,
mistakenly believing it to be lawful, or in the case of an
invalid marriage, in which case the husband is not absolved
of the dowry unless he pays it in full to the wife or she
forgives him of it.
Allah the Almighty Says:
ًَ ‫ْب ََل ُُ ْ ي َ َع َ َ ْيٍ ََِّ ْ َُنَد ْف‬
َُ‫نآ َ َف ُُنْلُوه‬ ِ ْ ِ ‫نآ َ َ َ ُك َنآِتِِ ن‬
َ ْ ‫َِن َنْل ًي َ َفإن َط‬ ِ
َ ّ‫ و تُو َ ل‬
)2 8:‫ (انُسا‬‫َفِ ًَئآَ نَ ِْيًَئآ‬
And give the women [upon marriage] their [bridal]
anything of it, then take it in satisfaction and ease.
(4: 4)
ِِ
َ ‫ورُف ن َفَ ِْي‬
)12 8:‫ (انُسا‬‫ض ًَي‬ َ ‫ُج‬ ُ ُ‫فَ َمآَ ْسَت ْمَتد ْعتُ يََِ ََ ْد ُه ن َفَآت‬
... So for whatever you enjoy [of marriage] from
them, give them their due compensation as an
obligation… (4: 24)
)13 8:‫ (انُسا‬‫وف‬َِ ُْ ‫ورُف ن َ ِ ل َْم ْع‬
َ ‫ُج‬
ُ ‫وف نَ َأ‬
ُ ُ‫و ت‬
…and give them their due compensation according
to what is acceptable...  (4: 25)
The dowry is an obligation on the husband as is indicated in the
following verse:
)37 8‫ (األحزاب‬‫َْآَ َعنْلَ ْ ِه ْ ي َِبَأَ ْزَو ِج ِه َْ ي‬
ْ َْ ‫آََآَ َفد‬ ِ
َ َ‫نَ ْك َ َعنْل ْم‬
... We certainly know what We have made
obligatory upon them concerning their wives ... 
(33: 50)
In all of the previous verses, the commanded to pay the dowry is
directed specifically to men. Likewise, Islam does not neglect
women from the People of the Book by stipulating that Muslim
men must also pay this financial right to any woman from
the People of the Book whom he marries. Allah the Almighty Says:
َ ََِ ‫آب‬ ِ ِ ِ
َ ‫صَآ ُ ََ َ َ لَيي َ َأُوتَُو َ لَُت‬
َ َْ ‫ْم‬ ِ ِ ِ
ُ ‫صَآ ُ ََ َ َ ملُْدََآ َو ل‬ َ َْ ‫ْم‬ ُ ‫و ل‬
)3 8‫ (انًائدة‬َ‫ورُف ن‬ ِ
َ ‫ُج‬
ُ ‫َند ْ ِنْل ُُ ْ يَإذَ َ َتد ْدتُ ُم‬
… And [lawful in marriage are] chaste women
from among the believers and chaste women from
among those who were given the Scripture before
you, when you have given them their due
compensation… (5: 5)
According to this verse, “their due compensation” refers to the
dowry.
It was related in a hadith on the authority of Sahl ibn Sa‟d
(may Allah be pleased with him) that he said:
A woman came to the Messenger of Allah and offered
herself to him [in marriage]. When she had stood for
some time [without receiving an answer] a man stood up
and said, “O Messenger of Allah! Marry her to me if you
have no need of her.” He asked the man if he had
anything to give her as a dowry, and when he replied that
he had nothing but the lower garment that he was
wearing, the Prophet (may blessings and peace be upon
him) said, “If you give her your lower garment, then
you will have nothing to wear, so look for something,
even if it is only an iron ring.” After the man went back
to search and found nothing, the Messenger (may
blessings and peace be upon him) asked him whether he
knew any of the Qur‟an. When the man replied that he
knew some chapters, the Messenger of Allah (may
blessings and peace be upon him) said, “I have married
her to you [provided that you teach her] what you
know of the Qur'an.” 1
1
Saheeh hadith, reported by Maalik in Al-Muwatta‟, by Ahmad in Al-Musnad, Al-
Bukhari, Muslim, Abu Dawood, At-Tirmidhi, An-Nasaa‟i, Ibn Maajah, and Ad-
Daarimi.
* The dowry is a gift:

The dowry is not a form of compensation in exchange for
taking pleasure in the woman. Rather, it is a mandatory gift that is
not in exchange for anything. This is proven by the fact that the
Qur'an refers to the dowry as a gracious gift that entails no
compensation, as well as the fact that the husband must pay half of
the dowry to his wife if he divorces her before consummating the
marriage as is mentioned in the Words of Allah:
َ‫َّ َََ آ‬
ُ ‫ص‬ْ َِ‫ض ًيَف‬
َ ‫ْتُ ْ يَ َهلُن َفَ ِْي‬
ْ َْ ‫وف ن َونَ ْك َ َفد‬
ُ ‫ن‬ُّ َ‫وف ن ََِ َ َند ْ ِ ََِأَنَ َُت‬
ُ ‫ وإنَطَنْلن ْقتُ ُم‬
)115 8‫ (انبمزة‬‫ْتُ َْ ي‬ ْ َْ ‫َفد‬
And if you divorce them before you have touched
them and you have already specified for them an
obligation, then [give] half of what you … (2: 237)
If the dowry were compensation in exchange for taking one‟s
pleasure from the wife, half of the dowry would not have been
stipulated as the wife‟s right if the husband divorces her before
consummating the marriage and before taking his pleasure from
her.
The wisdom behind imposing the obligation of paying the
dowry is to demonstrate the serious consequences and status of the
marriage contract, and as a sign of honor and respect to the woman.
It also indicates the husband‟s intention to treat her well and to
continue the marriage, while at the same time providing the wife
with the means to prepare herself for marriage by purchasing
whatever clothing and other things that she might need.
The fact that the dowry is solely the man‟s obligation
conforms to the legislative principle that women are not required to
cover any expenses whether she is a mother, a daughter, or a wife.
Only men are required to provide financial support as they are
more capable of earning a living and on this basis, the Qur‟an
legislated the principle of distributing financial responsibilities
between men and women; Allah the Almighty Says:
ِ ‫ض‬
َ ‫نَ َ نُِ َََد ْع‬ ِ ِ ِّ‫ لِْ َجآ ُل َ َند نو َُو َن َ َعنْلَى َ ل‬
َ ‫نآ َ َِبَآ َفَض‬
َ ّ
)12 8:‫ (انُسا‬‫ََ َو هلِِ َْ ي‬ ‫أَن َف ُقو ََِ ْ َ ْأ‬

spend [for maintenance] from their wealth. … (4:
34)
* The nature of the dowry in the marriage contract:
The dowry is a corollary to the marriage contract, and as
such, it is neither a pillar, nor a condition for its validity. Thus, the
marital contract is valid without specification of the dowry,
however, when the marriage is executed, the dowry becomes
binding, even if the spouses have agreed that no dowry shall be
stipulated. In such a case, the woman becomes entitled to a dowry
equal to that of her peers upon execution of a valid marriage
contract, and it is a debt for which the husband is liable. This is
indicated by the Words of Allah the Almighty:
ً‫ض َي‬ ُ ‫آح َ َعنْلَ ْ ُُ ْ ي َإن َطَنْلن ْقُت ُ ي َ لِّ َنآ َ َََآ ََلَََُْتَ ُّن‬
َ ‫وف ن َأ َْو َتَد ْف ِْ ُْو َ َهلُ ن َفَ ِْي‬ َ َ‫َج‬
ُ ‫ ال‬
)114 8‫(انبمزة‬
There is no blame upon you if you divorce women
you have not touched nor specified for them an
obligation...  (2: 236)
This verse indicates that men are not blamed for divorcing
women before consummating marriage even if they have not
specified a dowry. As divorce can only be effected after the
execution of a sound marriage, it is understood that the dowry is
neither a pillar nor a condition for marriage.
„Alqamah narrated on the authority of Ibn Mas‟ood (may
Allah be pleased with him) that he was consulted about a woman
who was married, but her husband died before specifying a dowry
for her and before consummating the marriage. The people asking
about the case kept going to Ibn Mas‟ood for almost a month
without getting a verdict from him. Then he said, “It is my opinion
that the woman is entitled to a dowry like that of her peers, no
more and no less, and to her share of inheritance, and she is subject
to a waiting period [for mourning, during which she cannot
remarry].” On hearing this, Ma‟qil ibn Sinaan Al-Ashja‟i testified
that the Messenger of Allah (may blessings and peace be upon
him) gave the same verdict concerning Barwa‟ bint Waashiq.1 This
narration indicates the validity of the marital contract even if the
dowry is not mentioned or specified therein.
* Limits of the dowry:
There is neither a maximum nor a minimum limit for the
dowry, and everything that is an asset or can be assessed on
monetary basis is permissible to be a dowry; whether it be great or
little, or cash, property, a debt which is due from someone else, or
a benefit. Currently, the dowry is customarily specified as cash.
The evidence for this includes the Words of Allah the Almighty:
)128:‫ (انُسا‬‫آَوَر َ َ ذَلِ ُُ ْ ي َأَنَتَد ْ ِدَتد ُغو َ ِِب ََْ َو لِ ُُ ي‬ ِ
َ َ‫ َوأُس نَ َلَ ُُ يَ ن‬
And lawful to you are [all others] beyond these,
[provided] that you seek them [in marriage] with
[gifts from] your property.  (4:24)
This verse mentions property in general without restricting it to a
certain amount. The Messenger of Allah (may blessings and peace
be upon him) also said, “And give her something, even if it is only
an iron ring.”2
Also, Allah the Almighty Says:
ِ ِ
َْ ‫ل‬
َ‫ََت ُخ ُيو‬ ً َ ْ ‫َو َتد ْدتُ ْ ي َإِ ْس َك ُف ن َن‬
َ ‫آر َ َف‬ َ ‫ َوإِ ْنَأ ََر ْد ُُّتَُ ْست ْ ِ َك َل َ َز ْوٍج َ نَ َُآ َن َ َز ْوٍج‬
)17 8:‫ (انُسا‬‫َِ ْ َُ َ ْدًئآ‬
But if you want to replace one wife with another
and you have given one of them a great amount [in
gifts], do not take [back] from it anything. Would
you take it in injustice and manifest sin?  (4: 20)
According to this verse, the husband may give his wife a
great amount of money, thereby indicating that there is no
maximum limit to the dowry.
According to Shari‟ah, it is recommended not to ask for
excessive dowries, as it was narrated on the authority of „Umar
1
Saheeh hadith, reported by Ahmad, Abu Dawood, At-Tirmidhi, An-Nasaa‟i, and Ibn
Maajah.
2
(may Allah be pleased with him) that he said:

Do not make the dowries of women extravagant, for if it
were a sign of honor in this life, or piety according to Allah,
the Prophet of Allah (may blessings and peace be upon him)
would have been more worthy of it. I don‟t know that the
married any of his wives or married off any of his daughters
for more than twelve ooqiyahs (a measure equal to forty
dirhams).1
* Furnishing the marital house:
This is the third duty that Islam has made obligatory upon
the husband for the sake of the wife. While the husband is required
by Shari‟ah to prepare the marital house, the wife is not required to
prepare anything thereof from her own money; neither from the
dowry that she receives nor from any other money in her
possession. The dowry is the wife‟s exclusive right by virtue of the
execution of the marital contract, thus she cannot be forced to
spend any of the dowry for her trousseau, for household
necessities, or for her own personal expenses. The reason for this is
that Allah has made it the husband‟s duty to provide for his wife as
indicated by the verse of the Qur‟an:
َ ُ‫وف نََلِت‬
َ‫ضِّقُو َ َعنْلَ ْ ِه ن‬ َ ُ‫َوج ِك َُّ ْ يَوالَت‬
ُ ُّ‫ضآر‬
ِ
ْ ََ‫ ي‬
ّ ُ‫َس َُ ت‬
َ ‫ث‬ُ َْ‫َس‬ ِ ُ ُِ ‫أَس‬
َ ْ ََ ‫وف ن‬
ُ ْ
)4 8‫(انطألق‬
Lodge them [in a section] of where you dwell out
of your means and do not harm them in order to
oppress them...  (65: 6)
This text obliges the husband to provide residence for the
wife without inflicting any harm on her as a result of it. Thus, the
husband is required to furnish the house with the necessary
furniture and appliances according to his financial means, without
causing any harm to his wife. 2
1
Saheeh narration, reported by Ahmad, Abu Dawood, An -Nasaa‟i, Ibn Maajah, and
At-Tirmidhi, and the wording is from At-Tirmidhi.
2
Details will be mentioned in Article (70) about expenses in this section of the this
Chapter.
When the husband prepares the house from his own money,
the houses becomes solely his property, as the wife has already
received a separate dowry and does not contribute to the
preparation of the house. The wife has the right to make use of the
house as long as they continue to be married, on the basis of his
permission for her to do so. This is the opinion of the Hanafi,
Hanbali, and Shafi‟i jurists, and it is legally applicable in Egypt. 1
The wife may contribute to the preparation of the marital
residence according to what is customary among the people, and
the individual circumstances of each home and environment, or
based on an agreement between the parties, with the condition that
the wife has received her dowry. The spouses may agree to
something else, between themselves, as is often done in modern
times. In any case, there should be an agreement and consent
between the two parties with regard to the issue of preparing the
house.
This wife‟s contribution should be voluntary and of her free
will; not an obligation that she is required to fulfill. The things that
she provides are her own property and the husband can only utilize
them with her implicit, if not explicit, permission and consent.
It is common in Muslim countries for the bride‟s family to
help her in preparing and buying the things that she will take with
her to her marital home, out of love for their daughter and their
desire for her to make a good impression in front of people. It was
reported that „Ali ibn Abi Taalib (may Allah be pleased with him)
said, “The Messenger of Allah (may blessings and peace be upon
him) provided Fatimah with a velvet garment, a water skin, and a
pillow stuffed with fragrant grasses (for her marital house).”2
Preparing such things for the bride depend on the customs and
traditions, and thus they may differ from one place and time to
another.
All of the items that the wife brings with her to the martial
home belong to her, particularly if the father is the one who
1
Abu Zahrah, Muhammad. Al-Ahwaal Ash-Shakhsiyyah, p. 228.
2
Saheeh hadith, reported by Ahmad, An-Nasaa‟i, and Ibn Maajah.
purchased them for her unless her father or other family

members specify that the items are only on loan to her and must be
returned to them whenever they want; in such a case, they neither
belong to the wife nor the husband.
In some countries, the family of the engaged woman may
stipulate that all of the items that are prepared for the home are to
be included in the dowry, and they record all of the items in a list
of the household items and the bridal jewelry. According to the
rulings of Islamic jurisprudence, “Muslims must abide by their
conditions unless it is something that deems the unlawful lawful, or
the lawful unlawful, and every condition that is forbidden by the
Book of Allah is void. Likewise, the condition that is the worthiest
to be fulfilled is that which has been stipulated to make intercourse
permissible [in the marriage contract].” Including the household
furnishings and appliances as part of the dowry does not contradict
anything in the Qur'an, and it does not deem the unlawful to be
lawful, or the lawful to be unlawful. Thus, it is permissible to do
so as long as the husband agrees to the stipulation, whereby the
household items become the wife‟s property even if the husband is
the one who purchased them, based on the condition that the
spouses agreed to.
***
Article (69)
To Be Treated Fairly and with Kindness
Islamic Shari‟ah obliges the husband to treat his wife
equitably and with kindness, and this is achieved through the
following considerations:
1. He should take her nature, the differences in her
upbringing, and her point of view into consideration
and treat her leniently and gently with patience and
clemency, in addition to doing simple things to make
her happy.
2. He should not prevent her from visiting her parents
and mahrams unless it is proven that doing so will
result in harm that is recognized by Shari‟ah; in such

a case, it is allowed for him to prevent her to the
extent that is necessary to avoid that harm.
3. He should be moderate in his jealousy towards her;
neither going overboard, nor being too lax.

This Article clarifies the precept that the husband must
follow in the way he deals with his wife: to treat her fairly and with
kindness. This is indicated by the Words of Allah the Exalted:
َِ ُْ ‫وف ن َ ِ ل َْم ْع‬
)27 8:‫ (انُسا‬‫وف‬ ِ
ُ ُْ ‫و َعآ‬
… And live with them in kindness... (4: 19)
Commenting on this verse, scholars of Qur‟anic exegesis said:
This means that it is obligatory upon you, O Believers, to
treat your wives well. You should live with them and deal
with them on the basis of what is equitable as they
understand it and are accustomed to, and which is condoned
by Shari‟ah, custom, and chivalry. Restricting financial
support, causing harm through words and deeds, and
frequently scowling when you meet your wife contradict the
principles of equitable treatment. The purpose of this is that
each of them should be a source of joy and pleasure in the
other person‟s life. Equitable treatment is determined
according to the societal customs with which the wife is
familiar, which are not disapproved by reason or sound
morals, and which suit her social status.1
* The Shari‟ah ruling regarding equitable treatment
According to scholars of Qur‟an exegesis, it is obligatory
upon husbands to adhere to this meaning.2 In principle, commands
in the Qur‟an are obligatory unless there is evidence to prove
otherwise. Moreover, all of the proofs, in conjunction with each
1
Tafseer Al-Manaar, by Muhammad Rasheed Rida vol. 4, p. 456
2
Ahkam Al-Qur‟an, by Al-Jassaas, vol. II, p. 109 and Al-Jami‟ li Ahk aam Al-Qur‟an,
by Al-Qurtubi, vol. V, p. 97
other, stress that this is obligatory. For example, Abu

Hurayrah (may Allah be pleased with him) said that the Prophet
(may blessings and peace be upon him) said, “Accept my
commendation to take good care of the women.”1 This means,
“Accept my advice regarding women and treat them kindly.”2
Abu Hurayrah (may Allah be pleased with him) narrated that
said, “The most perfect of the Believers in faith is the one who
has the best manners, and the best of you is he who has the best
manners with his womenfolk.” 3 „Abdullah ibn Zam‟ah (may
Allah be pleased with him) said that he heard the Prophet (may
blessings and peace be upon him) deliver a sermon in which he
gave instructions regarding the women saying, “It is not good for
anyone of you to lash his wife like a slave, for he might sleep
with her the same evening.” 4 „A‟ishah (may Allah be pleased with
her) related that the Messenger of Allah (may blessings and peace
be upon him) said, “The best amongst you is the one who is best
to his wife, and I am the best of you to my wives.” 5 The meaning
of equitable treatment and kindness has been explained in detail as
follows:
* Taking into consideration the differences in the wife‟s nature,
upbringing, and point of view in some matters:
Umm Salamah (may Allah be pleased with her) related:
him) sent Hatib ibn Abi Balta‟ah to propose to me on his
behalf. I said to him, “I have a daughter (as my dependant)
and I have a jealous temperament.” The Prophet (may
blessings and peace be upon him) said, “So far as her
daughter is concerned, we shall supplicate Allah, that He
1
Saheeh hadith, reported by Muslim and Ibn Maajah
2
ِ AbdurRahman Al-Mubarakfouri, Tuhfat Al-Ahwadhi bi Sharh Jaami„ At-Tirmidhi,
vol. IV, p. 326
3
Hasan hadith, reported by Ahmad and At-Tirmidhi
4
Saheeh hadith, reported by Al-Bukhari and Muslim
5
Hasan hadith, reported y At-Tirmidhi, Ibn Maajah, and Ad-Daarimi
may free her (of her responsibility) and I shall also

supplicate Allah to do aw ay with (her) jealous
(temperament).”1
It was reported by Anas (may Allah be pleased with him)
that the Messenger of Allah was asked, “Why don‟t you marry a
woman from the Ansaar?” He replied, “They have an extreme
sense of jealousness.”2 „A‟ishah (may Allah be pleased with her)
narrated:
him) said to me, “I know whether you are pleased with me
or angry with me.” I said, “How do you know that?” He
said, “When you are pleased with me, you say, „No, by
the Lord of Muhammad,‟ but when you are angry with
me, then you say, „No, by the Lord of Abraham.‟”
Thereupon, I said, “Yes (you are right), but I swear by Allah,
O Messenger of Allah, I leave nothing but your name.”3
Anas (may Allah be pleased with him) narrated:
When Safiyyah heard that Hafsah had called her a Jew‟s
daughter she wept. The Messenger of Allah (may blessings
and peace be upon him) came in while she was weeping and
asked her why she was crying. When she told him that
Hafsah had called her a Jew‟s daughter the Prophet (may
blessings and peace be upon him) said, “You are a
prophet‟s daughter, your paternal uncle was a prophet,
and you are married to a prophet, so what has she to
boast of over you?” He then said, “Fear Allah, Hafsah.” 4
Messenger of Allah (may blessings and peace be upon him) said:
Treat women kindly, for women are created from a rib,
and the most curved portion of the rib is its upper
portion; and if you try to straighten it, you will break it,
1
Saheeh hadith, reported by Ahmad and Muslim
2
Hasan hadith, reported by An-Nasaa‟i
3
Saheeh hadith, reported by Ahmad, Al-Bukhari, and Muslim
4
Hasan hadith, reported by At-Tirmidhi
but if you leave it as it is1, it will remain crooked. So,

treat women kindly.2
Similarly, Abu Hurayrah (may Allah be pleased with him) narrated
said:
Women have been created from a rib and will in no way
be straightened for you; so if you wish to benefit by her,
benefit by her while crookedness remains in her. And if
you attempt to straighten her, you will break her, and
breaking her is divorcing her.3
Also, Abu Hurayrah (may Allah be pleased with him) said, the
“A woman will not be straightened for you with a single nature.
Rather, she is like a rib. If you straighten her, you will break
her; but if you leave her, you will benefit from her while she
remains curved.” 4 Samurah (may Allah be pleased with him) said
“I heard the Messenger of Allah (may blessings and peace be upon
him) say, „Women have been created from a rib; if you want to
straighten the rib, you will break her. So, humor her [to] live
with her.‟”5
* Treating the wife leniently and gently with patience and
clemency:
Umm Salamah (may Allah be pleased with her) said:
I got my menses while I was lying with the Prophet under a
velvet sheet. So, I slipped away, took the clothes for menses
and put them on. The Messenger of Allah said, „Have you
got your menses?‟ I replied, „Yes.‟ Then he called me and
took me with him under the woolen sheet. Um Salamah
further said, “The Prophet used to kiss me while he was
1
In Fat-h Al-Baari, Ibn Hajar said, “This means to leaver her as she is in the
framework of permissible matters.”
2
3
Saheeh hadith, reported by Al-Bukhari and Muslim
4
Saheeh hadith, reported by Ahmad
5
Weak hadith, reported by Ahmad
fasting and the Prophet and I used to take the bath of for
major ritual purification from a single pot [of water]. 1
„A‟ishah (may Allah be pleased with her) related that one day, the
Messenger of Allah said:
O „Aa‟ish [calling her by her nickname], this is Gabriel
and he sends you his greetings of salaam (peace).”
„A‟ishah said, “And may peace, and Allah‟s mercy and
blessings be on him,” Then, (addressing the Prophet she)
said, “You see what I do not.”2
Abu Hurayrah (may Allah be pleased with him) said, the
“A believer should not hate a believing woman [i.e. his wife]; if
he dislikes one of her characteristics he will be pleased with
another.”3
* Doing simple things to make her happy:
„A‟ishah (may Allah be pleased with her) said:
The Prophet screened me [with his garment] while I was
watching the Abyssinians who were playing with their
spears in the courtyard of the mosque. [I continued
watching] until I was satisfied. So you may deduce from
this event how a little girl [who has not reached the age
of puberty] who is eager to enjoy amusement should be
treated in this respect.4
Also, she said that:
Abu Bakr came to my house while two young girls from Al-
Ansaar were singing 5 the tales of the Ansaar about the day of
Bu‟ath 6 , but they were not singers. Abu Bakr said
1
2
3
Saheeh hadith, reported by Ahmad and Muslim
4
Saheeh hadith, reported by Ahmad, An-Nasaa‟i, Al-Bukhari, and Muslim
5
Al-Bukhari‟s narration is worded, “they were beating a duff (a type of drum)” and in
the narration of Muslim, “They were singing with a drum” and in the narration of
An-Nasaa‟i, “with two drums”.
6
The day of the battle between the two tribes, Al-Aws and Al-Khazraj.
protestingly, “Are musical instruments of Satan in the

house of the Messenger of Allah!” This was on the day of
the „Id festival, and the Messenger of Allah replied, “O Abu
Bakr! There is an „Id for every nation, and this is our
„Id.” 1
„A‟ishah (may Allah be pleased with her) also said:
I set out with the Prophet (may blessings and peace be upon
him) on one of his trips and I was young and had not gained
weight or become fat. He told the people, “Proceed [ahead
of us].” When they proceeded, he said to me, “Come let me
race with you.” I raced with him and I beat him, but he did
not say anything about it until later when I had put on more
weight and my body had become heavier, and I had
forgotten the incident. I went out with him on a trip and he
said to the people, “Proceed [ahead of us].” When they
proceeded; he said to me, “Come let me race with you.” I
raced with him and he beat me. Then, he laughed and said,
“This time is for that.” 2
Ar-Rubayi‟ bint Mu‟awwidh (may Allah be pleased with her) said:
The Prophet came to me after consuming his marriage with
me and sat down on my bed as you (the sub-narrator) are
sitting now, and there were young girls beating the duff (a
type of drum) and lamenting over those whose fathers had
been killed on the day of the Battle of Badr, until one of the
girls recited [a verse of poetry], “There is a Prophet amongst
us who knows what will happen tomorrow.” The Prophet
said (to her), “Do not say this, but go on reciting what you
were reciting before.” 3
This hadith indicates that if the forms of amusement are not free of
sin and if they contradict Shari‟ah, they are not permissible, and it
also indicates that beating a duff is one of the permissible forms of
1
2
Saheeh hadith, reported by Abu Dawood and Ahmad
3
Saheeh hadith, reported by Ahmad, Al-Bukhari, Abu Dawood, At-Tirmidhi, and Ibn
Maajah
amusement.
* Clause (2):
This Clause refers to the issue of oppressive use of one‟s
1
right . A husband should not use his authority and right arbitrarily
to unjustly prevent his wife from visiting her family, unless it is
proven that doing so will result in some harm that is recognized by
Shari‟ah, in which case, it is allowed for him to prevent her from
visiting them to the extent that is necessary to avoid that harm,
according to the basis of the fiqh principle.
Oppressive arbitrary use of this right to prevent the wife
from visiting family is not allowed, especially in cases where it is a
duty to visit, such as in the case of the wife‟s parents in order to
fulfill her obligation of being good to them, or if they need
someone to visit them due to being ill and not having anyone to
look after them except their daughter [the wife]. In such a case, she
should visit them and check in on them every once in a while, and
it is not permissible for the husband to prevent her from doing so
unless he has a valid reason under Shari‟ah. According to Hanafi
and Maliki scholars, if he forbids her from visiting them without a
Shari„ah recognized reason to prevent her, then it is permissible for
her to disobey him and to visit them if there is a need for her to do
so.2
It was reported by Abu Dharr (may Allah be pleased with
him) said, “You will conquer Egypt which is a land where the
qirat is used, so treat the people well. They have the right to
security and ties of kinship.” In another narration it was related,
“When you conquer it, be good to its people. They have a right
to security and ties of kinship,” or he said, “a right to security
and ties of marriage.” 3 Scholars explained this, saying, “The ties
of kinship come from the fact that Hajar, the mother of Isma‟il, was
1
“Oppressive use” means to use one's right in a manner that is harmful to others.
2
See: Kamal Ad-Deen ibn Al-Hamam, Fath Al-Qadeer, vol. 3, pg. 335. Also see, Al-
Muwaafiq, Al-Taaj wal-Ikleel by Mukhtaar Al-Khaleel, vol. 4, pg. 185.
3
from them, and the ties of marriage come from the fact that
Maria, the mother of Ibrahim, (the son of the Messenger of Allah)
may Allah bless him and grant him peace, was from them.”. This
hadith indicates the significance of love, respect, and appreciation
for the relatives of one‟s wife.
This also applies to the wife‟s right to visit her mahrams, but
at wider intervals as their rights over her are less than her parents‟.
The interval is determined according to custom and habits.
* Clause (3):
This Clause mentions that being moderate in one‟s jealousy
with respect to his wife is part of kind and just treatment.
Moderation in this sense is to achieve balance in all affairs, without
favoring one side over another, and this is the justice that Allah
ordered in His Noble Book:
َ ِ‫شآ‬ ِ ِ‫آن َوإيتآ‬
َ َْ ‫َذيَ لقُ َْْ ى َويَد ْد َهىَ َع ِ َ ل َف‬ َ ِ‫ن‬ َ ‫إلس‬ْ ‫ََي َُ ُْ َ ِ ل َْع ْك ِل َو‬ َ‫إ نن َ ن‬
َْ ِ
)77 8‫ (انُحم‬‫ن‬ َ ‫ْم َُ َِْو لَْ ِد ْغيَِيَِعمُ ُُ ْ يَلَ َعنْلن ُُ ْ يََت َينَّ ُْو‬
ُ‫ول‬
Indeed, Allah orders justice and good conduct and
giving to relatives and forbids immorality and bad
conduct and oppression. He admonishes you that
perhaps you will be reminded.  (16: 90)
Justice requires giving everything its due, without excess or
deficiency. This issue is also important as being excessively jealous
may lead to suspicion and accusing the others, including the wife,
of things that they did not commit, which, accordingly, leads to bad
results such as disagreement and conflict. This precept is supported
by the hadith that was narrated by Abu Hurayrah (may Allah be
pleased with him) who said that the Messenger of Allah (may
There is jealousy which Allah loves and jealousy which
Allah hates. That w hich Allah loves is jealousy regarding
a matter of doubt, and that which Allah hates is jealousy
regarding something which is not doubtful. 1
1
Hasan hadith, reported by Ahmad and Ibn Maajah; it has supporting hadiths reported
by Abu Dawood, An-Nasaa‟i, and Ad-Daarimi
„Abdullah ibn „Amr ibn Al-‟Aas (may Allah be pleased with him)
said:
Some people from Banu Hashim entered the house of
Asma‟, the daughter of „Umais. When Abu Bakr entered
[and she was his wife at that time] he disapproved of their
presence. He mentioned it to Messenger of Allah (may
blessings and peace be upon him) and said, “ I have never
seen anything but good [from my wife]. Thereupon, the
said, “Verily Allah has made her innocent of all this.”
Then, the Messenger of Allah (may blessings and peace be
upon him) ascended the pulpit and said, “After this day no
man should enter the house of another person in his
absence, unless he is accompanied by one person or two
other people.” 1
Likewise, Abu Hurayrah (may Allah be pleased with him) said that
said, “A Believer becomes jealous and Allah is more jealous
[and angry when his limits are violated].” 2
True and chivalrous men do not lack a sense of jealousy, and
being lax in this characteristic may cause a person to reach the
point that he becomes a characterized by the attribute of dayyathah
(a man who doesn‟t feel any jealousy towards his womenfolk and
condones their immoral and indecent behaviour), which is a
characteristic that is strongly condemned by Islamic Shari‟ah.
„Abdullah ibn „Umar (may Allah be pleased with him) said that the
Messenger of Allah said, “There are three categories of people,
Allah the Almighty will not look to them on the Day of
Resurrection: a person who is undutiful to his parents, a
woman who assumes masculine attributes, and a man who
condones his wife‟s indecent behavior.” 3 In another narration, he
said, “Allah has prohibited three categories of people from
entering Paradise: a person who drinks to the point of
1
Saheeh hadith, reported by Muslim and Ahmad
2
Saheeh hadith, reported by Ahmad, Muslim, and At-Tirmidhi
3
Saheeh hadith, reported by Ahmad, An-Nasaa‟i, and Al-Hakim
addiction, a person who is undutiful to his parents, and

a man who condones his wi fe‟s indecent behavior.” 1
***
Article (70)
The Right to Financial Support
Even if the wife is well off, it is her right to be supported
financially with the food, drink, lodging, clothing, and medical
treatment that suffices her according to the husband‟s financial
situation, neither being extravagant nor stingy, according to the
detailed rulings of Shari‟ah.
 
This Article clarifies that one of the wife‟s rights over her
husband is financial support. This includes everything that the wife
requires with regard to food, clothing, lodging, hired help, and any
other customary needs.
Scholars have unanimously agreed that it is obligatory for
the husband to provide financial support for his wife whether she is
Muslim, Christian, or Jewish upon the execution of a valid
marriage, and with the condition that she is not defiant and refusing
him his rights. This obligation is confirmed by the Qur‟an, Sunnah,
consensus of scholars, and logic:
* The Qur‟anic evidence:
Allah the Almighty says:
ِ ‫ض‬
َ ّ
ِِ
)12 8:‫ (انُسا‬‫ََ َو هل َْ ي‬ ِ
ْ ‫َ ْ َأ‬
34)
َ‫س َإِالن‬ ِ ْ‫ود َلَ ُ َ ِر ْزندُه ن َوَِّنوتدُه ن َ ِ لْم ْع‬
ُ ‫وف َالَ َتُ َُنْلن‬ ِ ُ‫وعنْلَى َ لْمول‬
ٌ ‫َّ َندَ ْف‬ ُ َ ُ َْ َ ُ َْ َ
1
Saheeh hadith, reported by Ahmad
َ‫ك‬َ ِ‫ث ََِ ْث ََُ َذل‬

ِ ‫ضآ نرَو لِ َك ٌََِوَل ِك َفآَو َالََ ْولُو ٌدَلن ََُِوَل ِكهَِو َع َنْلىَ لْو ِر‬
َ َ َ َ َ َ َ َ ُ‫ُو ْس َع َهآَ َالَت‬
8‫ (انبمزة‬ ‫آح َ َعنْلَ ْ ِه َمآ‬ ِ ٍ ْ‫صآالَ َع ََتد‬ ََ ِ‫فَِإ ْن َأ ََر َد َف‬
َ َ‫َج‬ ُ َ‫آوٍر َفَل‬ ُ‫ش‬ َ َ‫َوت‬
َ ‫ض ََّ ْد ُه َمآ‬ َ
)111
... Upon the father is the mothers‟ provision and
their clothing according to what is acceptable. No
person is charged with more than his capacity. No
mother should be harmed through her child, and no
father through his child. And upon the [father‟s]
heir is [a duty] like that [of the father]. And if they
both desire weaning through mutual consent from
both of them and consultation, there is no blame
upon either of them… (2: 233)
Scholars have mentioned that this verse confirms the obligation to
financially support one‟s wife when she gives birth, thereby
confirming that he is obligated to support her during the state of
postpartum bleeding, lest anyone might think that the husband is
not obliged to financially support his wife if he does not have the
right to enjoy sexual relations with her.1
Also, Allah the Almighty says regarding divorced women:
َ ُ‫وف ن َلِت‬
َ ‫ضِّقُو َ َعنْلَ ْ ِه ن‬ ُ ‫آر‬
ُّ ‫ض‬ َ ُ‫َوج ِك َُّ ْ ي َوالَت‬
ْ ََ‫ ي‬
ِ
ّ ُ‫َس َُ ت‬ َ ‫ث‬ ُ ْ ‫َس‬ ِ ُ ُِ ‫أَس‬
َ ْ ََ ‫وف ن‬ ُ ْ
َ‫ْ ْع َ ََل ُُ ْ ي‬ ‫َر‬‫أ‬ َ ‫ن‬ ‫إ‬‫ف‬َ ‫ه‬ ‫نْل‬ ‫َْت‬ ‫ع‬ ‫ض‬ ‫َي‬ َ ‫َس‬ ‫ه‬ِ ‫نْل‬ ‫ع‬ َ ‫و‬ ‫ق‬ ِ
‫َنف‬‫أ‬‫ف‬َ ٍَ ‫َْت‬ ِ ‫ال‬‫ُو‬
َ ْ ْ َ ‫َْ َ ُ َ َ ْ ن َ ن َ َ ْ َ َ ْ َ ُ ن‬ ْ َ ‫وإن َ َُّ ن‬
‫أ‬
 ‫ْ ُعَلَ َُأُ ْخ َْى‬ ِ ْ‫وفَوإنََتد َعآسُُْْتَفَنتُد‬
ْ َ َْ ٍَ ُْ ‫ يَِبَ ْع‬
ِ ُُ َ‫ورُف ن َوأْ َُتِْو َََد ْد‬
ُ َ ‫ُج‬
ُ ‫وف ن َأ‬ُ ُ‫فَآت‬
)4 8‫(انطالق‬
Lodge them [in a section] of where you dwell out
of your means and do not harm them in order to
oppress them. And if they should be pregnant, then
spend on them until they give birth. And if they
breastfeed for you, then give them their payment
and confer among yourselves in the acceptable way;
but if you are in discord, then there may breastfeed
for the father another woman. (65:6)
If this is the right of divorced women upon their ex-husbands
1
Al-Majmu‟: Sharh Al-Muhaththab, printed by Maktabat Al-Irshaad, reviewed by
Najeeb Al-Muti‟i vol. 20, p. 132.
during their waiting period; then it follows a man has an

even greater obligation to provide this for his wife.
* Evidence from the Sunnah:
Jaabir (may Allah be pleased with him) narrated that in the
sermon of the farewell pilgrimage, the Prophet (may blessings and
peace be upon him) said about women, “…Their rights upon you
are that you should provide them with food and clothing in a
1
fitting manner.” Ash-Shafi‟i explained this saying:
In essence, the “fitting manner” denotes fulfilling the
person‟s right to provision without him having to ask for it.
He should fulfill his obligation with a contented heart; rather
than with a sense of obligation or in a manner that expresses
unwillingness. Neglecting either of these issues is an act of
oppression as the procrastination of a rich person is a form
of injustice.2
Abu Mas‟ood Al-Ansaari said that the Prophet (may
blessings and peace be upon him) said, “If a Muslim financially
supports his family, seeking his reward from Allah for doing
so, it shall be considered [an act of] charity.” 3 Scholars
explained that financial support of the wife is obligatory according
to consensus. The Prophet (may blessings and peace be upon him)
only referred to it as “charity” so that people would realize that
they will be rewarded for performing this obligation. 4
„A‟ishah (may Allah be pleased with her) said:
Hind the wife of Abu Sufyaan said to the Prophet (may
blessings and peace be upon him), “Abu Sufyaan is a stingy
man. He does not provide adequate financial support for me
and my children, except that which I take from his wealth
without his knowledge. Am I committing a sin by doing
so?” Thereupon, the Messenger of Allah (may blessings and
1
Saheeh hadith, reported by Ahmad, Muslim, Abu Dawood, and Ibn Maajah
2
Al-Umm by Ash-Shafi‟i, vol. 5, p.105
3
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, At-Tirmidhi, and An-
Nasaa‟i
4
Fath Al-Baari by Ibn Hajar vol. 9, p.623.
peace be upon him) said, “Take from his property that

which is customary that is sufficient for you and your
children.” 1
* Proof from consensus:
Ibn Hajar said in Fath Al-Baari, “There is consensus that
this is obligatory.”2
* Proof from logic:
According to Shari‟ah, it is the husband‟s right that his wife
should stay at home which means that he must provide her
financial support since she dedicates her time for her husband and
home. The husband‟s right to prevent his wife from working
outside the home shall be clarified in Article (71). On the basis of
these reasons, it is only just that the husband provide the financial
support for the household and that he be obliged to do so.
This Article specifies that the spousal support that is due to
the wife differs from other types of financial support for relatives
and others as the husband is obliged to provide financial support
for her even if she is rich. On the other hand, financially supporting
one‟s relatives is only obligatory if they are in financial difficulty
and in need. The wife maintains her right to financial support
whether the husband is well-off or insolvent; unlike the financial
support of relatives that is only obligatory on those who are
financially well-off. Also, the wife has the right to retroactive
financial support, unlike relatives.3
This Article also specifies that the husband is obliged to
provide an amount of financial support that is sufficient for the
wife, according to whether he is financially well off or not, neither
being extravagant nor stingy. The previously mentioned verses of
the Qur‟an from the chapters of Al-Baqarah and At-Talaq deal with
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, An-Nasaa‟i,
and Ibn Maajah
2
Fath Al-Baari by Ibn Hajar, vol. 9, p.625.
3
Zad Al-Mi„aad fi Hadyi Khayr Al-‟Ibaad by Ibn Al-Qayyim, Al-Maktabah Al-
Qayyimah, Cairo, vol 4. p. 243 and Al-Ashbah wa An-Nathaa‟ir by Jalal Ad-Din As-
Siyuti, Dar Al-Kutub Al-‟Ilmiyah Beirut, p. 526
the issue of financial support. Commenting on these verses,

scholars said:
The father of the child should financially support the mother
and provide her with clothing according to what is equitable,
i.e. according to what is customary for similar women in her
country, without extravagance or stinginess, and according
to whether he is wealthy, average, or in financial difficulty.1
Likewise, the hadith regarding Hind was previously mentioned
establishing the right to take financial support according to what is
equitable.
Types of financial support
The Article goes on to state the various types of financial
support which include:
- Food and drink: This is evidenced by the hadith in which
Mu‟awwiyah Al-Qushayri (may Allah be pleased with him)
related:
I said, “O Messenger of Allah, what are the rights that any
man is required to give his wife?” He answered, “That you
feed her as you feed yourself and clothe her as you clothe
yourself.” 2
This is also supported by the aforementioned hadith regarding
Hind.
- Lodging: This is evidenced by the Words of Allah:
)4 8‫ (انطالق‬‫َوج ِك َُّ َْ ي‬ ِ
ْ ََ‫ ي‬
ّ ُ‫َس َُ ت‬
َ ‫ث‬ُ ْ ‫َس‬ ِ ُ ُِ ‫َأَس‬
َ ْ ََ ‫وف ن‬
ُ ْ
…Lodge them [in a section] of where you dwell out
of your means ...  (65: 6)
Since this is the right of divorced women during their waiting
period; it follows that a man has an even greater obligation to
provide this for his wife.
1
Tafseer Al-Qur‟an by Ibn Katheer, vol. 1, p. 291.
2
Saheeh hadith, reported by Ahmad, Abu Dawood, An -Nasaa‟i, Ibn Maajah, Ibn
Hibbaan, and Al-Haakim.
- Clothing: This is evidenced by the Words of Allah:

)111 8‫ (انبمزة‬َ‫ن َوتُد ُه ن‬ ِ ‫ودَلَ َُ ِر ْزندُه ن‬
ِ ُ‫ وعنْلَىَ لْمول‬
ْ َّ‫َو‬
َ ُ َْ َ
… Upon the father is the mothers‟ provision and
their clothing according to what is acceptable…
(2: 233)
Also, this is also evidenced by the two aforementioned hadihs of
Jaabir and Mu‟awwiyah.
- Medical treatment: This is obligatory upon the husband even if
there is no explicit text in this regard. The evidence for this right is
established by analogy on the basis of other texts that indicate the
obligation to provide financial support for food, drink, lodging, and
clothing. Also, the husband is commanded to treat his wife kindly
and equitably, and leaving her to be treated and taken care of by
others when she is sick does not meet this obligation. By assuming
the responsibility for her medical care the husband indicates his
care for his wife, which increases the love between them. On the
other hand, leaving her to be taken care of by others only results in
hurt and regret. Likewise, leaving one‟s wife in agony and crying
from pain without helping her by taking her to a physician, despite
the fact that she is in need of one and he can afford it, is
contradictory loving and merciful treatment and any other opinion
contradicts the verse in which Allah says: 1
 َ‫َلِقَ ْوٍم َيَدَتد َف نُ ُْون‬
ّ ٍ ‫َآلَي‬
َ ‫ك‬ َ ِ‫ْتيً َإ نن َِب َذَل‬
َْ ‫َوَر‬
َ ً ‫ َو َج َع ََ َََد ْدَ ُُ ي َ نَ َودن‬
)12 8‫(انزوو‬
… and He placed between you affection and
give thought.  (30: 21)
Scholars of Islamic jurisprudence have detailed the various types of
financial support which can be referred to in the longer fiqh
reference books.
***
1
Al-Mufassal fi Ahk aam Al-Mar‟ah wa Al-Bayt Al-Muslim, by „Abdul-Kareem Zidan,
vol. 7, p. 184
Article (71)
Women‟s Work Outside of the Home
According to the Islamic view, in principle, it is
permissible for women to work outside of the home, though
doing so is not a goal in itself. Rather, it is a means to fulfill
familial and societal interests. Depending on the circumstances
and the situation, working outside the home may be ruled to be
obligatory, recommended, or prohibited. However, in all
situations it is subject to the following regulations:
1. The work must be permissible according to Shari‟ah,
and it must not contradict the interest of the group
and the woman‟s nature.
2. There must be understanding and consent between
the spouses with regard to the limits that define what
is in the best interest of the family, without putting on
airs or exaggeration. Also, the financial relationship
between the spouses should be clarified in the
manner that is mentioned in Article (76).
3. Precedence should be given to the children‟s interest
with regard to their upbringing and providing proper
care for them as they are the pillar of the Muslim
community and the next generation.
4. Islamic moral regulations for men and women should
be followed.

This Article deals with the rulings and regulations related to
woman‟s work. The meaning of work that is intended in this
context is the general meaning which refers to any mental or
physical effort that the woman performs in return for wages or
voluntarily without any return. This Article restricts the work that it
addresses to that which is “outside of her home” and it specifies
that the role of that work within the system of social relations is “a
means to fulfill a specific interest for the family and the society”.
The Article also clarifies that in principle it is permissible for
women to perform work outside the scope of the home, and that
there is no Shari„ah text prohibiting it. On the contrary, Shari‟ah
texts prove the permissibility of women‟s work outside the home.
Allah says:
َُ‫َوَو َج َك ََِ َدُوِنِِ ي‬
َ ‫نقُو َن‬ ِ ‫َو َج َك َ َعنْلَ ْ ِ َأُنَيً ََِّ َ َ ل‬
ْ َ‫نآس َي‬ َ َ َ‫آَوَرَد َََآ َََ ْكي‬َ ‫ َولَ نم‬
ِ ِ ِ
َ ‫َْ َْأَتد ْ ِا ََت ُيو َد ن َ َن‬
ََ‫َوأََُو‬ َ ‫صك َرَ ِّلْ َعآ‬ ْ ُ‫يَس نَ َي‬
َ ‫نق‬ ْ َ‫آل َََآَ َخ ْ ُِ ُُ َمآَ َنآَلَتآَالَن‬
َ‫ْت َإِ َنِل‬ ِ ِ ‫آل َر‬ ِ
َ ‫َنزل‬ ّ َ َ ‫ن َقىَ َهلَُمآَ ُُثنََتد َونَل َإِ ََل َ لمّ َِّ َ َفد َق‬
َ ‫ب َإِ ّّن َل َمآَأ‬ َ َ‫ َف‬ٌَ‫ري‬ َ ِِ َََّ ‫خ‬
ٌ َْ
ِ
ْ َ‫ُهآ َُتَْشي َ َعنْلَى َ ْستِ ََْآ َنَآل‬
َ ‫ت َإِ نن َأَِِب‬ َُ ‫ َفَ َُ آ تْ ُ َإِ ْس َك‬َ ٌ‫َِ ْ َ َخ ٍْري َفَقري‬
ِ
)13- 11 8‫ (انمصض‬‫تَلََآ‬ َ ْ ‫آَس َق‬
َ َََ َْ ‫َج‬ ْ ‫كَأ‬َ َ‫وكَلَِ ُْ ِزي‬ َ ‫يَ ْك ُع‬
And when he came to the well of Madyan, he
found there a crowd of people watering [their
flocks], and he found aside from them two women
driving back [their flocks]. He said, What is your
circumstance? They said, We do not water until the
shepherds dispatch [their flocks]; and our father is
an old man. * So he watered [their flocks] for them;
then he went back to the shade and said, My Lord,
indeed I am, for whatever good You would send
down to me, in need. * Then one of the two women
came to him walking with shyness. She said, Indeed,
my father invites you that he may reward you for
having watered for us… (28: 23-25)
Applying the Shari‟ah rulings to women‟s work:

On the basis of these and other texts, woman‟s work is
subject to the following rulings:
*Obligation: It is obligatory for a woman to work in cases
such as when she is the sole provider for her children. The main
evidence for this is that „Abdullah ibn „Amr (may Allah be pleased
with him) said that the Messenger of Allah (may blessings and
peace be upon him) said, “It is a great sin that a person be the
cause of the ruin of someone for whom he is responsible for
providing.”1 It is also obligatory for a woman to work in t he case
1
Hasan hadith, reported by Ahmad and Abu Dawood.
that she has a societal role that no one else is capable of

performing.
* Recommendation: It is recommended for a woman to
work such as in cases where she performs an occupational role that
encourages revival and progress in the society, along with her
female coworkers, particularly when the work conforms to
women‟s nature, such as teaching children, working in the medical
field in a specialization that deals with women, and participating in
charitable institutions, as well as other types of work. Jaabir (may
Allah be pleased with him) said, “My maternal aunt was divorced,
and she intended to harvest her dates. A person scolded her for
having left the home [during the waiting period after the divorce].
She went to the Prophet of Allah (may blessings and peace be upon
him) [to ask whether it was permissible or not] and he said,
“Certainly you can harvest the [dates] from your palm trees;
perhaps you might give some in charity or do an act of
kindness.” 1
The Mother of Believers, Lady Zaynab bint Jahsh (may
Allah be pleased with her) was called the “Mother of the Poor”.
gave her this name because she used to spin and dye wool, and tan
hides and punch holes in them to sell at the market, and whatever
she earned she would give in charity to the poor. 2
* Prohibition: This is in cases such as when the woman‟s
working outside the home causes her to neglect something that is
obligatory upon her or something that is more obligatory than the
work she is doing. If her work conflicts with a Muslim woman‟s
obligation to care for her children then it is not permissible for her
to work outside of the home. In principle, these two obligations
should support each other; not contradict each other. It is also
prohibited for her to work outside of the home if the work causes
her to commit an act that is prohibited since according to the fiqh
principle, the ruling that applies to the end applies to the means that
1
Saheeh hadith, reported by Ahmad, Muslim, Abu Dawood, and Ibn Maajah
2
Al-Isabah fi Tamyeez As-Sahabah, Ibn Hajar, vol. 7, p. 21
would otherwise be permissible.
Shari‟ah regulations regarding woman‟s work outside the

home
On the basis of this, the Article specified the regulations for
the permissibility of women‟s work outside of the home:
1. The first regulation is that the work should be permissible
according to Shari‟ah. This means that the work should be
permissible as a whole, thereby including work that is abhorred
according to Shari„ah [but not forbidden] if there is a need to
perform it. This is based on the fiqh principle that when there is
even the slightest need for an abhorred action the abhorrence is
abrogated. However, it is not permissible for anyone to perform
unlawful work. This is evidenced by a hadith in which Abu
Hurayrah (may Allah be pleased with him) narrated that the
Do not ask me unnecessarily about the details of the
things which I do not mention to you, for verily, it was
only the excessive questioning and disagreeing with their
Prophets that destroyed [the nations] who were before
you. What I have forbidden for you, avoid. What I have
ordered you [to do], do as much of it as you can. 1
A woman should choose work that suits her need to work
and her physical, personal, and social circumstances. Her
understanding of these circumstances helps her perform this role.
Also, society, which is represented in its institutions that range
from the family to the state, also plays a part in enabling her to
perform this role. Allah the Almighty says:
ِ ْ‫ض ََيَْْو َن َ ِ لْم ْع‬ ِ ِ ‫ و لْم ْدَِ ُو َن َو ل‬
ََ‫وف َويَد ْد َه ْون‬ُ َ ُ ُ َ ٍ ‫ْم ْدََآ ُ َََدعْضُ ُه ْ ي َأ َْولَآ ُ َََد ْع‬
ُ ُ
)52 8‫ (انتىبه‬َِْ َُ ُ‫َع ِ َ مل‬
The believing men and believing women are allies
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, At-Tirmidhi, An-Nasaa‟i
and Ibn Maajah.
of one another. They enjoin what is right and

forbid what is wrong … (9: 71)
ِ
َّ َ ْ‫َو نتد ُقو‬
َِ َ ‫آونُوْ َ َعنْلَىَ ِإل ُِْث‬
َ ‫َو ل ُْع ْك َو ن‬ َ ‫ىَو َال ََتد َع‬
َ ‫َو لنتد ْق َو‬ ِّ ‫آونُوْ َ َعنْلَىَ ل‬
َ ‫ْا‬ َ ‫ َوَتد َع‬
)1 8‫ (انًائدة‬‫آب‬ َِ ‫َِ َ ِكي ُكَ ل ِْع َق‬
َّ َ‫إِ نن‬
… And cooperate in righteousness and piety, but
do not cooperate in sin and aggression... (5: 2)
For this reason, the first Clause states that the woman‟s
work “must not contradict the interest of the group and the
woman‟s nature.”
2- The second regulation is that there must be understanding
and consent between the spouses regarding the limits of the family
interests, without putting on airs or exaggeration. The basic rule is
that the wife should stay at her matrimonial home and that she
should not leave unless her husband allows her, leaving the house
causes some of the husband‟s rights not to be fulfilled. Hence, it is
obligatory to seek his permission so that he waives his right to have
his wife stay at home and look after his affairs. This obligation is
indicated in the Words of Allah:
ََ ُ‫ج َ ْلَ ِآفنْلِن ِيَ أل‬
)11 8‫ (االحزاب‬‫وَل‬ ِ
َ ‫ َوَند ْْ َن َِبََدُُوت ُُ ن‬
َ ُّْ ‫َوالََتدَ ِد نْ ْج َ ََتدَ ِد‬
And abide in your houses and do not display
yourselves as [was] the display of the former times
of ignorance...  (33: 33)
This also is evidenced by the hadith in which „Abdullah ibn
„Umar (may Allah be pleased with him) narrated that the Prophet
(may blessings and peace be upon him) said, “If your women ask
permission to go to the mosque at night, allow them.” 1 This
hadith indicates the husband‟s right that his wife should seek his
permission which thereby also establishes his right to forbid her.
This is also supported also by another hadith; Ibn „Abbaas (may
Allah be pleased with him) said, the Messenger of Allah, (may
1
An-Nasaa‟i, Ibn Maajah, and Ad-Daarimi
blessings and peace be upon him) said, “…Among the husband‟s

right over his wife that she should not go out of her home
without his permission. If she does so, she will be cursed by the
angels of heaven and angels of mercy and angels of torture
until she returns.” 1
The Article denotes that such matters are not solved by
compulsion, arguing, and litigation. The loving and merciful
relationship between the spouses requires that they solve their
problems through dialogue, discussion, and by agreeing to do
whatever achieves the interest and tranquility of the family and
results in happiness and stability for all of the members of the
family. For this reason, the purpose of the marital contract is to
allow the spouses to live together and cooperate, and to define the
rights and duties of each party.
It is important to differentiate between having a right, and
between the correct way of implementing the right according to the
appropriate conditions and circumstances. Since social conditions
and customs of societies may differ, it is acceptable to implement
the individual‟s rights according to the conditions of the society
and the rights should be exercised in accordance with whatever
suits these conditions and without violating obligatory moral rules.
The second Clause also states the importance of the fact that
“the financial relationship between the spouses should be clarified
in the manner that is mentioned in Article (76).” Defining rights
and duties, especially those that are related to financial issues when
the woman works outside the home, prevents conflicts and
disputes. Although working outside of the home means that the
woman will earn from her work, as does her husband; it also
decreases her ability to fulfill her husband‟s rights and burdens her
with the extra expense of purchasing household appliances of
1
Hasan hadith, reported by At-Tabarani, Al-Bazaar, Abu Ya‟la in his Musnad, Ibn Abi
Ad-Dunya in Al-‟Ayah; Al-Hagfish Al-Haythami said that Husayn ibn Qays who is
known as Hamish is a weak narrator; Husayn ibn Unary considered him trustworthy,
and the rest of the narrators in the chain of transmission are trustworthy. It is also
reported by „Abd ibn Humayd, Abu Dawood At-Tayalisi, Al-Bayhaqi, and Ibn Abi
Shaybah
hiring a servant to assure the smooth running of household

affairs. It also causes her to spend more on her personal needs
related to her appearance, clothes, and tr ansportation; hence, there
should be an agreement to solve these material problems.
This Clause also stipulates that these obligations should be
defined within the framework what is stated in the first Clause of
Article (76).
3- The third regulation states that precedence should be given to the
children‟s interest with regard to their education and proper care as
they are the pillar of the Muslim community and the generation of
the future. While it is permissible for a woman to work, this
permission should not conflict with her obligatory duty to look
after the children‟s interest with respect to their education and
proper care, as obligatory acts are more imperative than those that
are permissible. The Prophet (may blessings and peace be upon
him) said, “…The woman is responsible for her husband‟s
house and children.” 1
4- The fourth regulation states that Islamic moral regulations for
men and women should be followed, particularly when women are
working with men. These regulations include lowering the gaze,
not shaking hands with men, not being alone in a secluded area
with a man, avoiding long frequent interaction with men, avoiding
situations that might raise suspicion, avoiding that which is sinful
apparently and inherently, and dressing according to the Shari‟ah
regulations, not wearing perfume, being serious when speaking,
and moving in a dignified manner. These regulations apply in
general to all situations when a woman leaves her home.
***
Article (72)
Helping the Wife with Housework
If circumstances necessitate that the wife must work
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, and At-
Tirmidhi
outside the home, then her husband should assist her and
provide her with the means to perform her work, and to do it
well. Likewise, he should also help her with the housework and
looking after the children.

This Article deals with the duties of the husband if the
spouses agree to the wife‟s work outside of the home. In such a
case, the husband should play a role in assisting his wife to perform
her work and to do it well. For example, he should encourage and
motivate her to perform her occupation, and he should not make
her feel that he is fed up with her work in order to protect the
woman‟s psychological outlook towards her work. Likewise, he
should arrange a suitable means of transportation for her to go to
work and he should play a part in helping her with the housework.
The basic rule that governs this situation in general is indicated in
the Words of Allah:
َ ‫إلُث َو ل ُْع ْك َو ِن َو تند ُقو‬
ِْ َ ‫آونُو َ َعنْلَى‬ ِّ ِ َ ‫آونُو َ َعنْلَى‬
َ ‫لا َو ل نتد ْق َوى َوال ََتد َع‬ َ ‫ وَتد َع‬
ِ ِ ِ
)1 8‫ (انًائدة‬‫آب‬ َ ‫ِ َ َ كي ُك َ لع َق‬ َ‫ِ َإ ننَ ن‬ َ‫ن‬
… And cooperate in righteousness and piety, but
do not cooperate in sin and aggression. And fear
Allah; indeed, Allah is severe in penalty. (5: 2)
The detailed evidence for this issue if found in the example of the
Messenger of Allah (may blessings and peace be upon him) in the
way that he used to serve his family. Al-Aswad narrated:
I asked „A‟ishah (may Allah be pleased with her), “What did
used to do inside his house?‟‟ She answered, “He used to
keep himself busy helping members of his family, and when
it was the time for the prayer, he would go out for prayer.”1
Layla bint Qaanif Ath-Thaqafiyyah (may Allah be pleased with
her) said:
I was one of those who washed Umm Kulthum, the daughter
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, and At-Tirmidhi.
of the Prophet (may blessings and peace be upon him),

when she died. The Messenger of Allah (may blessings and
peace be upon him) first gave us lower garment, then the
shirt, then the veil, then the cloak (which covers the whole
body), and finally, she was wrapped in another garment. The
Apostle of Allah (may blessings and peace be upon him)
was sitting at the door, and he had her shroud with him. He
gave us the garments one by one.1
When „A‟ishah (may Allah be pleased with her) was asked about
what the Prophet (may blessings and peace be upon him) used to do
at home, she replied, “He was a human being who used to mend his
clothes, milk his sheep, and serve himself.”2 Also, when she was
asked about what the Prophet (may blessings and peace be upon
him) used to do at home, she replied, “He used to mend his clothes,
repair his shoes, and do what men do in their homes.”3 From these
texts we conclude that good and fair treatment requires the husband
to help his wife and there is no shame in doing so.
***
Part III: The Husband‟s Rights Over His Wife
This Part discusses the husband‟s rights which include that
he should be obeyed in reasonable matters, that the wife should not
be extravagant in spending, his wife should behave according to the
tenets of the religion. It also clarifies the extent of the wife‟s
responsibilities for the home, and these topics are covered in fo ur
articles.
***
Article (73)
Obedience in Equitable Matters
It is the husband‟s right over his wife that she should
obey him in all equitable matters; this includes everything that
1
2
3
is permissible according to Shari‟ah and does not cause her

harm or injury.

This Article clarifies one of the husband‟s rights over his
wife; she should obey her husband in everything that is good. Allah
granted man authority over his wife in terms of his right to give
orders, and his responsibility to provide instruction and care, in the
same way that rulers look after their subjects. Man was granted this
privilege because Allah favored him with certain psychological and
physical characteristics, as was previously stated in Articles (4), (7)
and (8), and also because of the financial responsibilities that he has
been charged with. Allah the Almighty says:
ِ ‫ض‬
َ ّ
)12 8:‫ (انُسا‬‫ََ َو هلِِ َْ ي‬ ‫َِ ْ َ ْأ‬
spend [for maintenance] from their wealth...  (4:
34)
Therefore, he has the right to be obeyed in all matters that are not
disobedient to Allah.
A‟ishah, may Allah be pleased with her, asked the Prophet,
(may blessings and peace be upon him), “Who has the greatest right
over a woman?” The Prophet (may blessings and peace be upon
him) replied, “Her husband” 1 It was narrated on the authority of
Abu Hurayrah, may Allah be pleased with him, that the Prophet
(may blessings and peace be upon him) said, “Had I commanded
anyone to prostrate himself before another human being, I
would have commanded the woman to prostrate herself before
her husband.” 2 It was narrated on the authority of Mu‟adh ibn
Jabal, (may Allah be pleased with him) that the Prophet (may
blessings and peace be upon him) said, “I swear by the One Who
holds my soul in His Hands, a woman will never fulfill the
1
Saheeh hadith, reported by Al-Hakim
2
Hasan hadith, reported by Ahmad, At-Tirmidhi, Ibn Maajah and Ad-Daarimi
rights of her Lord unless she fulfils all of her husband‟s

rights, to the extent that even if he asks her for sexual relations
while she is riding on a camel she does not refuse.” 1 It was
narrated on the authority of Husayn ibn Mihsan, (may Allah be
pleased with him) that his paternal aunt went to the Prophet (may
blessings and peace be upon him) for something she needed. When
he had finished this for her, the Prophet (may blessings and peace
be upon him) said, “Do you have a husband?” She said, “Yes.”
He asked, “How are you with him?” She said, “I do not neglect
any of his rights except those I am unable to fulfill.” He said, “Pay
attention to how you are with him, for he is your Paradise and
your Hell.” 2 It was narrated on the authority of Umm Salamah(may
Allah be pleased with her) that the Prophet (may blessings and
peace be upon him) said, “No woman dies while her husband is
pleased with her except that she will enter Paradise.” 3
This right applies all that is “good”, which has been defined
by this Article as “Everything that is permissible according to
Shari‟ah and does not cause her harm or injury.” The evidence for
this is found in the hadith that was narrated on the authority of Ali,
(may Allah be pleased with him) who said that the Prophet (may
blessings and peace be upon him) said, “Obedience is only
[required] in that which is good.” 4 It was also narrated on the
authority of Ali, (may Allah be pleased with him) that the Prophet
(may blessings and peace be upon him) said, “No human is to be
obeyed in any matter that is disobedient to Allah the
Almighty.” 5
The condition that the order should not cause the wife any
harm or injury is evidenced by the hadith of Ibn Abbaas, (may
Allah be pleased with him) who narrated that the Messenger of
Allah (may blessings and peace be upon him) said, “Let there be
1
Hasan hadith, reported by Ahmad and Ibn Maajah.
2
3
Saheeh hadith, reported by At-Tirmidhi and Ibn Maajah.
4
Saheeh hadith, reported by Ahmad, Bukhari, Muslim, Abu Dawood and An -Nasaa‟i.
5
no harm or reciprocating harm.” 1 Therefore, it is not his right to

take her money against her will or unjustly, or to order her to do
anything that causes her physical or emotional harm, or anything
that violates the Shari‟ah rulings.
***
Article (74)
Not Being Extravagant in Spending
The wife is obliged to fear Allah with regard to her
husband‟s wealth and to spend it with wisdom and foresight
according to her needs and the needs of her children, neither
being extravagant, nor being stingy. Also, she should not spend
any of his money except with his permission or as is
customarily acceptable.

This Article specifies the way that a wife is required to
protect and look after her husband‟s wealth, and to spend it wisely.
It also defines the extent to which she may take money from her
husband to support herself and his children, and spend it according
to the conditions stipulated by Islamic Shari‟ah. This right is
affirmed by the words of Allah the Exalted:
َ‫آَس ِف َظَ ن‬
)12 8:‫ (انُسا‬ُِ ِ ِ ٌ ‫آاآ ُ َنَآنِتآ‬
َ َ‫َسآفمَآ ٌ َلّنْلْ َغ ْ ِ َِِب‬
َ َ
ِ ‫فَآل ن‬
َ ‫ص‬
…So righteous women are devoutly obedient,
guarding in [the husband‟s] absence what Allah
would have them guard. ….  (4: 34)
Scholars of Qur‟anic exegesis commented that the verse
means that a woman should guard her honor and her husband‟s
wealth in his absence.
It was narrated on the authority of Abu Umaamah, (may
Allah be pleased with him) that the Prophet (may blessings and
peace be upon him) said, “There is no benefit for a believer,
1
Hasan hadith, reported by Maalik, Ahmad, Ibn Maajah, Ad-Daaraqutni, Al-Hakim
and Al-Bayhaqi.
besides fearing Allah, that is better than having a

righteous wife. When he orders her, she obeys him; when he
looks at her, she pleases him; when he swears that she do
something, she obeys him; and when he is away, she protects
herself and his wealth.” 1
* The extent of the wife‟s right to take from her husband‟s
wealth to support herself and his children.
In principle, the man is to provide for his wife financially
according to his financial conditions. If he does not provide that
which is required by Shari‟ah, it is permissible for her to take the
amount that satisfies her needs and the needs of his children.
A‟ishah (may Allah be pleased with her) related that Hind, the wife
of Abu Sufyaan, said to the Prophet (may blessings and peace be
upon him), “Abu Sufyaan is a miser, and he does not give me what
is sufficient for me and my children. Can I take from his property
without his knowledge?” The Prophet (may blessings and peace be
upon him) said to her, “Take that which is sufficient for yourself
and your sons according to that which is equitable.” 2
The Prophet (may blessings and peace be upon him)
permitted Hind (may Allah be pleased with her) to take from her
husband‟s money what which she needed to support herself and her
children because this is a need. Financial support is an absolute
necessity and if the wife is not allowed to take it in the case that the
husband does not give it to her, she will face imminent ruin. Thus,
the Prophet (may blessings and peace be upon him) allowed her to
take an amount that is sufficient to fulfill her needs. Also, the
necessary financial support gradually increases over the passage of
time, and being that it is difficult for the wife to raise her case to the
courts in order to claim her right every time, the Prophet (may
blessings and peace be upon him) allowed the her to take the
amount that she needs without her husband‟s permission. 3
1
Hasan hadith, reported by Ibn Maajah
2
Saheeh hadith, reported by Ahmad, Bukhari, Muslim, Abu Dawood, An -Nasaa‟i and
Ibn Maajah
3
Al-Mughni, Ibn Qudamah vol.9 p239
The regulations regarding the wife‟s disposal of her husband‟s

money:
Being that the woman is responsible for looking after her
husband‟s home, she has a sort of control over her husband‟s
property that she has been entrusted with. There are several hadiths
deal with whether or not it is permissible for her to give charity of
gifts from her husband‟s money; some allowing it and others
forbidding it. These hadiths include:
It was narrated on the authority of A‟ishah (may Allah be
pleased with her) that the Prophet (may blessings and peace be
upon him) said, “When a woman gives some of the unspoiled
foodstuff [which she has in her house] in charity, she will
receive the reward for what she has given, and her husband will
receive the reward for what he has earned.” 1
It was narrated on the authority of Abu Hurayrah, (may
peace be upon him) said, “If a woman gives something [in
charity] from her husband‟s earnings without his permission,
she will get half his reward.” 2
Sa‟d, (may Allah be pleased with him) said, “When the
Messenger of Allah (may blessings and peace be upon him) took
the pledge of allegiance from women, a noble woman from the
tribe of Mudhar said, „O Prophet of Allah! We are heavy burden on
our fathers, children and husbands, so what can we take from their
property without their knowledge?‟ The Prophet (may blessings
and peace be upon him) replied, „You may eat and give gifts from
the moist food [which easily spoils].‟” 3
Abu Umaamah Al-Bahili (may Allah be pleased with him)
said:
I heard the Messenger of Allah (may blessings and peace be
upon him) saying in a sermon given in the Farewell
1
Saheeh hadith, reported by Ahmad, Bukhari, Muslim, Abu Dawood, At-Tirmidhi and
Ibn Maajah
2
Saheeh hadith, reported by Ahmad, Bukhari, Muslim, Abu Dawood
3
Hasan hadith, reported by Abu Dawood and Ibn Khuzaymah
Pilgrimage, “A woman should not spend anything from

her household except with the permission of her
husband.” He was asked, “Even food, O Messenger of
Allah? He replied, “That is the best of our property.” 1
In conjunction with each other, these hadiths indicate that a
woman should seek her husband‟s permission. This permission is
one of two types:
1- Explicit permission for financial maintenance and giving
charity.
2- Implicit permission regarding things that are customarily
known to be tolerated and permitted by the husband. In this
case, the husband‟s permission is already granted, even if he
does not say so explicitly. When custom is not clear, or there
is doubt as to whether the husband would agree or not, or if
he is a stingy person. If he is known to be stingy based on
his behavior, then it is not permissible for the wife to give
charity from his money unless she has explicitly obtained his
permission. This applies to cases where the amount is little,
and it is known that the husband agrees. However, if the
charity exceeds the customary amount, it is not permissible
for her to give it without his explicit permission.
This is what is meant by the Prophet‟s words, “When a
woman gives some of the unspoiled foodstuff [whi ch she has in
her house].” This refers to an amount which is usually accepted by
the husband, and it mentions foodstuffs in particular, because
people usually agree to it, as opposed to money which many people
may not easily accept.2
It goes without saying that if a woman is not allowed to give
donations or gifts or other such things from her husband‟s money
unless the aforementioned conditions and regulations are met then
it stands to reason a fortiori that it is not permissible to spend the
husband‟s money without his explicit permission in financial
1
Hasan hadith, reported by Ahmad, Abu Dawood, At-Tirmidhi and Ibn Maajah
2
Sharh Saheeh Muslim, An-Nawawi vol. 9 p. 91
transactions involving compensation such as selling, buying,

leasing, crop sharing or the like, and in financial liabilities, such as
guarantees, remittances or the like, and these transactions also
require the woman‟s competence to dispose.
***
Article (75)
The Obligation to Abide by the Manners of the Religion
1. The wife should be pious and obedient, and she should
act according to the manners of the religion, complying
with the regulations of Shari‟ah in her dress, being
modest, dignified, and unflamboyant in her accessories
and her actions.
2. It is the husband‟s right to prevent his wife from
anything that might lead to vice, cause her to commit
that which is forbidden, or involves frequenting places of
pointless . With regard to other places, the decision
should be made based on mutual understanding between
them according to the regulations of Shari‟ah.

This Article deals with the duty of the wife to observe the
teachings of Islam. The first Clause is based on several religious
texts. Concerning the obligation to observe the Islamic teachings
regarding being pious and obedient, and abiding by the manners of
the religion, Allah the Almighty says:
َ‫آَس ِف َظَ ن‬
)12 8:‫ (انُسا‬ُِ ِ ِ ٌ ‫آاآ ُ َنَآنِتآ‬
َ َ‫َسآفمَآ ٌ َلّنْلْغَ ْ ِ َِِب‬
َ َ
ِ ‫فَآل ن‬
َ ‫ص‬
…So righteous women are devoutly obedient,
guarding in [the husband‟s] absence what Allah
would have them guard… (4: 34)
There are many Qur‟anic verses that urge Muslim women to
abide by the highest standards of faith and to adopt the sublime
Islamic characteristics. For instance, Allah the Almighty addresses
the wives of the Prophet (may blessings and peace be upon him)
saying:
َ ٍ ‫ننْلِ َمآ ٍ ََُ ْدََِآ‬ ِ ِ

ُ ‫ىَرَُّ َُإِ ْنَ َطنْلن َق ُُ ن َأَ ْن َيدُْ ِكَل َُأَ ْزَو ًجآَ َخ ْد ًْ ََ ْ ُُ ن‬
ْ ََ َ ‫ن‬ َ ‫ َع‬
ٍ ٍ ِ ٍ ‫نَآنَِتآ ٍ َََتِِ ِآ ٍ َ َعآَِ َك‬
)3 8‫ (انتحزيى‬ ‫آر‬ َ ‫َسآِ ََآ َثدََِّ ِآ‬
ًَ َُ ََْ‫َوأ‬ َ َ
Perhaps his Lord, if he divorced you [all], would
substitute for him wives better than you submitting
[to Allah], believing, devoutly obedient, repentant,
worshipping, and traveling [ones] previously
married and virgins. (66: 5)
It was narrated on the authority of Abu Umaamah, (may
peace be upon him) said, “There is no benefit for a believer,
besides fearing Allah, that is better than having a righteous
wife. When he orders her, she obeys him; when he looks at her,
she pleases him; when he swears that she do something, she
obeys him; and when he is away, she protects herself and his
wealth.” 1
It was narrated on the authority of „Abdur-Rahman ibn
„Awf, (may Allah be pleased with him) that the Prophet (may
blessings and peace be upon him) said, “When a woman performs
her five daily obligatory prayers, observes fasting of Ramadan,
guards her honor and obeys her husband, she will be called to
enter Paradise through any of its gates that she wills.” 2
Umar, (may Allah be pleased with him) said, “There is no
benefit for a man, besides believing in Allah, that is better than a
well-mannered wife who is affectionate and fertile, and there is
nothing worse for a man, besides disbelieving in Allah, that is
worse than a bad-mannered wife who is sharp-tongued.”3
With regard to the stipulation that the wife comply with the
regulations of Shari‟ah in her dress and adornment, behave modesty
and in a dignified manner, and act seriously, Allah the Almighty
says:
َ َ ‫وج ُه ن َوال َيدُْ ِ ِكي‬ ِ ََ‫ض ََِ َأ‬
َ ُْ ‫صآ ِرف ن َوَ ْ َفمْ َ َ َفد‬ ُ ْ‫ْم ْدََِآ ِ َيَدغ‬
َ ْ ْ َْ ‫ض‬
ِ
ُ ‫ ونَُ َلّنْل‬
1
Hasan hadith, reported by Ibn Maajah
2
Saheeh hadith, reported by Ahmad and Al-Bazzaar
3
Saheeh narration, reported by Ibn Abu Shaybah in his Musannaf
َ َ ‫َج ُوِبِِ ن َوال َيدُْ ِ ِكي‬ ِ ِ ْ ْ‫ِزيَدتده ن َإال ََآ َ َظهْ ََِ ْدهآ َول‬
ُ ‫ض َِْْ َ َِبُ ُم ِْف ن َ َع َنْلى‬ َ َ ََ َ َُ
ِ ِ ِ ِ ِ ِ ِ ِ ِ ِ
َ ‫ِزيَدَتد ُه ن َإال َل ُِد ُعولَته ن َأ َْو َ َ ِه ن َأ َْو َ َ ََدَُعُولَته ن َأ َْو َأََْدَآِه ن َأ َْو َأََْدَآ‬ ِ
َ‫نآِِِه ن َأ َْو َََآ‬ ِ ِِ ِِ ِِ ِ
َ ‫َدُعُولَت ِه ن َأ َْو َإ ْخ َو ِن ن َأ َْو َََِ َإ ْخ َو ِن ن َأ َْو َََِ َأَ َخ َو ِت ن َأ َْو َن‬
َْ‫آل َأَ ِو َ ل ِّ ْف ََِ َ لَيِي َ َََل‬
ِ ‫إلرََِي ََِ َ َ ِلْ َج‬
ّ ْ َ‫اَ َ ِْري َأ ُْوِِل‬
ِ
َ ‫ت َأ َُْيَآندُ ُه ن َأَ ِو َ لتنآَِع‬
ْ َُ َ‫ََنْل‬
َ ََِ ‫ا‬ ِ ُ ‫ض َِْ َ ِِبَرجنْلِ ِه ن َلِ د ْعنْلَ ي ََآ‬
َ ‫ََيْف‬ َ َ ُ ُ ْ َ ْ ْ َ‫نآ َوال َي‬
ِ ِّ‫يمْهْو َ َعنْلَى َ َعور ِ َ ل‬
َ َْ َُ َ
)12 8‫ (انُىر‬‫ن‬ َ ‫َّت ًَعآَأَيُّد َهآَ ملُْدَِ ُو َنَلَ َعنْلن ُُ ْ يَتُد ْفنْلِ َُو‬
َِ ِِ‫َإَلَ ن‬َ ‫ِزيَتِ ِه ن َوتُوَُو‬
And tell the believing women to reduce [some] of
their vision and guard their private parts and not
expose their adornment except that which
[necessarily] appears thereof and to wrap [a portion
of] their head covers over their chests and not
expose their adornment except to their husbands,
their fathers, their husbands fathers, their sons,
their husbands' sons, their brothers, their brothers'
sons, their sister's sons, their women, that which
their right hands possess, or those male attendants
having no physical desire, or children who are not
yet aware of the private aspects of women. And let
them not stamp their feet to make known what they
conceal of their adornment. And turn to Allah in
repentance, all of you, O believers, that you might
succeed.  (24: 31)
Allah the Almighty also says:
ِ ِ
ٌ َْ َََ ِِ ْ‫ض ْع َ َ ِ لْ َق ْو ِل َ َفدَ َْم َع َ لَيي َِب َ َندنْل‬
 ‫ض َوندُنْلْ َ َ َند ْوال َ نَ ْعْوفًَ آ‬ َ ْ‫فَل َََت‬
)11 8‫(األحزاب‬
…Then do not be soft in speech [to men], lest he in
whose heart is disease should covet, but speak with
appropriate speech.  (33: 32)
َ ََِ ‫ا َ َعنْلَ ْ ِه ن‬
َ ِ‫ا َيُ ْكن‬
ِ ِ ِ‫ك َون‬
َ َِ‫نآ َ ملُْد‬ َ َ ‫ك َوََدَآت‬
ِ َ ‫نِب َنَُ َألَ ْزَو ِج‬ ُّ ِ ‫ ََي َأَيدُّ َهآ َ ل‬
ِ
 ‫ور َ نرس ًَمآ‬ َ ِ‫َجلَِ ِِ ِه ن َذَل‬
ًَ ُ‫ك َأَ ْد ََّن َأَن َيدُ ْع َْفْ َ َفَل َيدُ ْدذَيْ َ َوََّآ َن َ نُِ َ َف‬
)95 :‫(األحزاب‬
O Prophet, tell your wives and your daughters and
the women of the believers to bring down over
themselves [part] of their outer garments. That is

more suitable that they will be known and not be
abused. And ever is Allah Forgiving and Merciful.
(33: 59)
A‟ishah (may Allah be pleased with her) said, “One day,
Asmaa‟ bint Abu Bakr entered the presence of the Prophet (may
blessings and peace be upon him) wearing clothes that were
transparent. When the Prophet (may blessings and peace be upon
him) saw her, he turned his face away and said, “O Asmaa‟! When
a girl reaches the age of menstruation, she should not disclose
any part of her body except the face and palms.” 1
It was narrated on the authority of Abu Hurayrah, (may
peace be upon him) said:
There are two types of people who will be punished in
Hell and whom I have not yet seen: men having whips
like the tails of cows and they will beat people with them;
and women who will be dressed but appear to be naked,
swaying in their walk and seducing the hearts of men.
Their heads will appear like the humps of the Bactrian
camel inclined to one side. They will not enter Paradise
and they will not even smell its fragrance which is
perceptible from such and such a distance. 2
It was narrated on the authority of Abu Musa, (may Allah be
upon him) said, “Every eye commits adultery [when it looks to
prohibited things], and a woman who puts on perfume and goes
out and passes by people so that they can smell her fragrance is
considered an adulteress.” 3
Abu Hurayrah, (may Allah be pleased with him) heard the
1
Saheeh hadith, reported by Abu Dawood in his Sunan and Marasil; there is a
corroborative narration in Sunan of Al-Bayhaqi
2
Saheeh hadith, reported by Maalik, Ahmad and Muslim
3
Hasan hadith, reported by Ahmad, At-Tirmidhi, An-Nasaa‟i and Ad-Daarimi; this is
the version of At-Tirmidhi
Messenger of Allah (may blessings and peace be upon him) saying,

“A woman who wears perfume and goes to the mosque, her
prayer will not be accepted until she takes a bath.” 1
Commenting on the Qur'anic verse:
ََ ُ‫ج َ لَ ِآفنْلِن ِيَ أل‬
)11 8‫ (األحزاب‬‫وَل‬ َ ُّْ ‫ والََتدَ ِد نْ ْج َ ََتدَ ِد‬
…and do not display yourselves as [was] the
display of the former times of ignorance...  (33: 33)
Ibn Abu Najih said, “The display of the former times of
ignorance includes walking in a shameless and flirtatious manner.” 2
Muqaatil, (may Allah have mercy upon him) said, “The display of
the former times of ignorance refers to a woman wearing a veil on
her head without tightening it properly so that her necklaces,
earrings, and neck are all visible. This is the display of the former
times of ignorance that has become widespread among Muslim
women.”3
The second Clause of the Article states the husband‟s right
to prevent his wife from things that lead to vice and forbidden
actions, and to forbid her from frequenting places of worthless
entertainment where modesty evaporates, morals and virtues are
violated and evil and immoral acts are committed. This Clause is
based on the authority and responsibility that Islamic Shari‟ah has
granted the husband by virtue of his position as the leader of the
family, as has been previously stated.4
This Clause states that the husband may prevent his wife
from leaving his house without his permission. This right is
supported by the following hadiths.
It was narrated on the authority of Abdullah ibn Umar (may
peace be upon him) said, “When your wives ask your permission
1
Hasan hadith, reported by Abu Dawood and Ibn Maajah; this is the version of Ibn
Maajah
2
Saheeh narration, reported by Ibn Sa‟d, Ibn Abu Shaybah, Ibn Jareer, Ibn Al-Mundhir
and Ibn Abi Hatim
3
Saheeh narration, reported by Ibn Abi Hatim in his Tafseer
4
See Article (14), Section 4, Chapter I, and Article (59), Section 3, Chapter III.
to go to the mosque at night, let them go.” 1

The hadith stipulates that permission of the husband is
required for the woman before leaving the house, and this implies
that it is also his right to prevent her.
Another hadith was narrated on the authority of Ibn Abbaas
(may Allah be pleased with him), that the Prophet (may blessings
The husband‟s rights over his wife include that she
should not leave her house without his permission. If she
does leave without his permission, the angels of the
heavens, the angels of mercy and the angels of wrath
continue to curse her until she returns. 2
Islamic Shari‟ah forbids men from oppressively exercising
the right such as by preventing his wife from leaving the house for
work, as has been mentioned previously.3 Thus when the husband
has exercised his right according to Shari„ah, his wife must obey
him, as previously stated.4
The Article states, “With regard to other places, a decision
shall be made based on mutual understanding between them,
according to the regulations of Shari‟ah.” In this case, a balance is
made between the Shari‟ah-based needs regarding from frequenting
these unfavorable or permissible places and his Shari‟ah-based
right to prevent her from leaving the house.
***
1
Saheeh hadith, reported by Ahmad, Bukhari, Muslim, Abu Dawood, At -Tirmidhi, An-
Nasaa‟i, Ibn Maajah and Ad-Daarimi.
2
Hasan hadith, reported by At-Tabarani, Al-Bazzaar, Abu Ya‟la in his Musnad and Ibn
Abu Ad-Dunya in Al-Iyal; Al-Haafidh Al-Haythami said, “Its chain narrators
includes Husayn ibn Qays, known as Hanash, who is a weak narrator. Husayn ibn
Numayr authenticated him and the rest of narrators are trustworthy [Majma‟ Az-
Zawa‟id by Al-Haythmi vol. 4, p.306]
It was also reported by Abd ibn Humayd in his Musnad, Abu Dawood At-Tayalisi in his
Musnad, Al-Bayhaqi in As-Sunan Al-Kubra and Ibn Abu Shaybah in his Musannaf.
3
Article (71), Part II, Section Four of this Chapter
4
Article (73), Part III, Section Four of this Chapter
Article (76)
The Wife‟s Responsibility for Her Home
1. It is the wife‟s duty to attend to the affairs of the marital
home and the children in a manner that is befitting of
people of their status. She is obliged to do so as a
religious duty and by virtue of the bonds of love, mercy,
and cooperation in matters that lead to the happiness of
both spouses, however, she cannot be legally forced to do
so. If she works outside the house, then she should
contribute to the finances of the home to the extent that
is appropriate in their situation based on what they agree
upon, or according to the verdict of a just arbitrator
between the two parties.
2. If the woman is financially well off, and her husband is in
financial difficulty, it is obligatory for her to financially
support him and the children. However, in the case that
the husband becomes financially solvent, he must
compensate her for whatever she spent, according to the
regulations of, and within the limits of Shari‟ah.

This Article clarifies some of the woman‟s responsibilities
with regard to her home:
The first Clause states, “It is the wife‟s duty to attend to
affairs of the marital home and the children in a manner that is
befitting of people of their status.” This signifies that the
responsibility varies according to the spouses‟ circumstances. In
other words, if she would normally do the housework herself, then
it is her responsibility to do so, however, if she is a person who is
used to having servants to do the housework under her supervision,
then it is her responsibility to supervise. It is the husband‟s
responsibility to bear the expenses of the servant if he can afford it,
otherwise, she must attend to these affairs herself based on the
juristic principle, “harm is not alleviated by harm.” The wife should
attend to the household affairs in a manner that is customary for a
woman like herself with a man like her husband, according to their
circumstances. For example, the manner in which a

Bedouin woman looks after her home is different from the manner
of a village woman, which is different from a city woman. Also, the
service of a strong wife differs from that of a wife who is
physically weak. Looking after the household is a religious
obligation upon the woman, as well as an obligation upon her by
virtue of the bonds of love and mercy, and cooperation in those
affairs that bring happiness to both spouses. However, she cannot
be legally forced to carry out this duty. This is the opinion of the
Hanafi and Maliki scholars and it is also the opinion that has been
adopted in this Charter.1
The opinion that has been adopted in this Charter is
supported by the hadith on the authority of Ali, (may Allah be
pleased with him) who related that Fatimah, (may Allah be pleased
with her) complained about the difficulties she endured grinding
the grain. She went to her father [the Prophet (may blessings and
peace be upon him)] to ask for a maid-servant, but he neither
responded to her request, nor did he order Ali to do the grinding for
her or bring her a maid-servant. Instead, he advised her to seek help
by means of remembering Allah in order to lessen the difficulty
that she endured.2
It is worth mentioning here that the advice that the Prophet
(may blessings and peace be upon him) offered Ali and Fatimah
(may Allah be pleased with them) was a type of fatwa (legal
opinion), as opposed to a legal judgment. Therefore, attending to
the affairs of the marital home is a religious duty on the woman,
which she cannot legally be forced to perform, as has been
mentioned in the text of this Charter.
Evidence for the woman‟s obligation to take care of the home:
This precept is supported by the example of Asmaa the
1
See: Al-Fataawa Al-Hindiyah vol. 1 p.548 and Ash-Sharh Al-Kabeer by Ahmad Ad-
Dardeer vol. 2 pp. 510-512.
2
Saheeh hadith, reported by Ahmad, Bukhari, Muslim, Abu Dawood, At -Tirmidhi and
Ad-Daarimi
daughter of Abu Bakr 1 (may Allah be pleased with them) in the

way that she helped her husband Az-Zubayr ibn Al-Awwam, (may
Allah be pleased with him). Asmaa‟ used to attend to the affairs of
the marital home, feed and water her husband‟s horse, mend his
pail, knead the dough, and carry the date stones on her head from
his property. When the Prophet (may blessings and peace be upon
him) saw her carrying the date stones on her head, he neither
blamed her nor did her order Az-Zubayr to do relieve her of doing
this work.2
Jaabir ibn Abdullah, (may Allah be pleased with him) related:
My father died and left behind seven or nine daughters, so I
married a woman who was not a virgin. The Prophet (may
blessings and peace be upon him) asked, “Did you get
married, O Jaabir?” I replied, “Yes.” He asked, “Is she a
virgin or a matron?” I replied, “She is a matron.” He said,
“Why didn‟t you marry a virgin girl so that you might
play with her and she with you, or, you might make her
laugh and she make you laugh)?” I said, “My father died,
leaving [orphan] girls and I didn‟t want to bring a young girl
like them, so I married a woman who can look after them.”
He said, “May Allah bless her for you.” 3
This indicates that a wife not only serves her husband, but
also serves his dependants who live in his house, provided that the
custom requires it.
In modern day life, the wife usually serves her husband and
does the housework, and she may also be assisted by a servant,
particularly if the husband is well-off.
A husband should not be excessive in what he asks of his
wife with regard to serving him or looking after the house. Also, he
should not take her to task for not performing these duties, since
1
The hadith was quoted in full while discussing the Article (64), Part I, Section Four of
this Chapter
2
Zaad Al-Mi„aad, Ibn Al-Qayyim, vol. 4 p.33
3
Saheeh hadith, reported by Ahmad, Bukhari, Muslim and An -Nasaa‟i; this is the
version of Al-Bukhari.
this work, according to the opinion adopted by this Charter,

is solely a religious duty. In other words, it is a duty, which is left
to her conscience, to abide by the Shari„ah directives to live
together in love and mercy. Thus, it is closer to being a voluntary
act, rather than a legal Shari‟ah obligation.
This is the reason that a husband should treat his wife
kindly, even if she is negligent in this respect. He should not only
encourage her, but also, he should help her as well, as has been
mentioned previously.1
The wife‟s contribution to the household budget from her
earnings:
Clause (1) states that a working wife should contribute to the
household budget from her earnings. This is only just due to the
many considerations that have been previously mentioned in the
second Clause of Article (71) of this Charter. As the amount that
the woman should contribute is likely to be a point of conflict
between the spouses, the Charter states that the spouses should
settle the details of the financial relationship when the woman
begins to work. according to what is mentioned in Article (76), if
they have not previously come to an agreement on such issues upon
marriage or when the woman begins to work. In the case that there
is an existing agreement, the couple should abide by it, regardless
of its content, the two parties should abide by its terms according to
the general principles that state, “A contract is binding upon the
contracting parties,” and “Conditions are imposed in the case of
conflicting rights.” In the case that there is no agreement or
disagreement regarding the situation, it is obligatory to abide by the
standards mentioned in the first Clause of Article (76), which state
that she should contribute to the finances of the home to the extent
that is appropriate to their situation and conditions and the customs
that are common at the time. If they cannot reach an agreement,
they should resort to a just arbitrator whom they both approve of, in
order to set the amount that the wife should contribute according to
the aforementioned standards. The arbitrator‟s decision shall be
1
Article (72), Part II, Section Four of this Chapter.
final and put an end to the dispute.

The wife‟s financial support of the family:
Clause (2) of this Article states, “If the woman is financially
well off, and her husband is in financial difficulty, it is obligatory
for her to financially support him and the children. However, in the
case that the husband becomes financially solvent, he must
compensate her for the amount that she spent, according to the
regulations of and within the limits of Shari‟ah.”
The wife‟s obligation to financially support the husband and
the children is indicated by Allah‟s Words:
َ َ ََ َ ْ َََ ‫بَولَ ُِ ن َ ِلان‬ ْ َ‫َوج َوَفُُ ْ ي َنَِ ِ ََ َ مل‬
ِ ِْ ْ‫ش ِْ ِق َو ل َْمغ‬ ُ ‫لا َأَنَتدُ َولُّو‬ ‫سَ ِ ن‬
َ ْ َ‫ل‬
ِ ِ ِ ِ ِ ِ ِ ِ
َ‫ىَسّ ِ َذَ ِوي‬ ُ َ‫آلَ َعنْل‬َ َ‫اَو َتىَ مل‬ َ ِّ ‫ِ نَِو لَْد ْومَ آلخ َِْو ل َْملِ َُيَو لَُْتآبَو لن‬
ِ ِ ِ
ِ ‫ن ِِ َِ َو ل ن‬ ِ ‫لقُْ ى َو لْ دتآَى َو لْم‬
َ‫آب َوأَنَ َآم‬ َِ َ‫َوب َ ِّلْن‬ِ ‫ا‬ َ ‫نآِِنْل‬ ‫ا َو َْ َ َ ل ن‬ َ َّ‫نآ‬ َ َ َ ََ َْ
َ ِ‫صآَِ ِْي َ َِب َ لَ ِأْ َسآ‬
‫ن‬ ‫ل‬ ‫َو‬ ‫و‬ ‫ك‬ ِ ِ ‫ه‬ ‫ع‬ ِ
ُ َ َ َ ْ ْ َ َ ُ ُ َ َ ‫صل َ َو َت‬
‫آف‬ ‫ع‬ َ ‫ذ‬‫َإ‬ ‫ ي‬ ‫ف‬ ‫ك‬ َ َ ‫ن‬ ‫و‬ ‫ف‬‫و‬ ‫ْم‬ ‫ل‬ ‫َو‬ ‫آ‬ َّ ‫ن‬
‫ز‬ ‫ل‬ َ‫ى‬ ‫لن‬
8‫ (انبمزة‬ َ‫َف ُ ي َ ملُنتدقُون‬ ُ‫ك‬ َ ِ‫ك َ لَ ِيي َ َ َ َكنُو َوأ ُْولَئ‬ َ ِ‫س َأ ُْولَئ‬
ِ ْ‫ا َ لَ ِأ‬ ِ ِ ‫ول ن‬
َ ‫ض نْ َوس‬
)255
Righteousness is not that you turn your faces
freeing slaves; [and who] establishes prayer and
gives zakah; [those who] fulfill their promise when
they promise; and [those who] are patient in poverty
and hardship and during battle. Those are the ones
who have been true, and it is those who are the
righteous.  (2: 177)
َ‫آَ َوَِ ِيي َ ل ُق َْْ ى‬ًَ ‫ن‬َ ‫َإس‬
ِ ِ
ْ ِ ْ‫ش َُِّْو ََِ َ َ ْدًئآ َو ِ ل َْو ل َكي‬ ْ ُ‫ِ َوال َت‬ َ‫ و ْع ُِ ُكو َ ن‬
َ ِ َْ‫آس ِ َ ِ ْل‬ ِ‫ص‬ ‫َذي َ لقُ َْْ ى َو ْلَآ ِر َ لُُ ِ َو ل ن‬ ِ ِ‫و لْ دتآَى َو لْمنآَِّ ِا َو ْلآر‬
َ َ َ َ ََ
 ‫ور‬ ِ ‫ن‬ ِ ِ ‫و َْ ِ َ ل ن‬
ًَ ‫ِ َالَ ُ ُّ َََ َََّآ َن َنيَُْتآالَفَ ُخ‬ َ‫ت َأ َُْيَآنُ ُُ ْ يَإن َ ن‬
ْ َُ َ‫آََنْل‬
َ َ‫َو‬
َ َ ِ ‫ن‬
)14 8:‫(انُسا‬

boastful.  (4: 36)
This is also supported by the hadith in which Abu Sa‟eed Al-
Khudri, (may Allah be pleased with him) said:
On „Id ul Fitr or „Id ul Adha Allah‟s Messenger (may
blessings and peace be upon him) went out to the prayer
area. After finishing the prayer, he delivered the sermon and
ordered the people to give alms. When the Prophet (may
blessings and peace be upon him) left and went home,
Zaynab, the wife of Ibn Mas‟ood, came and asked
permission to enter and she was admitted. Then she said, “O
Prophet of Allah! Today you ordered the people to give
alms; I had a piece of jewelry and intended to give it as
alms, but Ibn Mas‟ood said that he and his children were
more deserving of it than anyone else.” The Prophet replied,
“Ibn Mas‟ood has spoken the truth. Your husband and
your children have more right to it than anyone else.” 1
Umm Salamah (may Allah be pleased with her) related:
I said, “O Messenger of Allah! Will I be rewarded [in the
Hereafter] if I financially support the children of Abu Salamah, as
they are my own children?” The Prophet said, “Yes, provide for
them, for you will be rewarded for that which you spend on
them.” 2
Al-Miqdaam ibn Ma‟di Karib, (may Allah be pleased with
him) heard the Messenger of Allah (may blessings and peace be
upon him) say, “Allah the Almighty enjoins that you do
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, An-Nasaa‟i and Ad-
Daarimi; this is the version of Al-Bukhari.
2
Saheeh hadith, reported by Ahmad, Al-Bukhari and Muslim; this is the version of Al-
Bukhari.
goodness to those who are closest [first], then the next closest.” 1
The amount that the wife spends to financially support her
husband and children is considered a debt that the husband owes to
her as he is charged with providing financial support as mentioned
previously.2 Thus, in the case that the husband becomes financially
solvent, he must compensate her for the amount that she spent,
according to the regulations of and within the limits of Shari‟ah.
This point is dealt with in detail in the lengthy books of Islamic
jurisprudence.
***
1
Weak hadith, reported by Ahmad.
2
Article (70), Part II, Section Four of this Chapter.
Section Five
The Rights of Parents and Children
Article (77)
The Foundation of the Relationship Between Parents and
Children
Islam has established the parent-child relationship on a
strong foundation of goodness, family ties, love, and mercy.
Likewise, it has designated mutual rights and responsibilities
for each party. Children‟s rights over their parents will be
mentioned in Section Five of Chapter IV, pertaining to the
rights and obligations of children in Islam.
***
Article (78)
Parents‟ Rights over Their Children
1. To be attended to in a good manner even if they are of a
different religion or sect.
2. To be treated well and generously; their rights should be
fulfilled and they should be looked after in their old age,
particularly in the case of the mother.
3. Not to be shouted at or scolded; they should not be
harmed, no matter how slight the harm might be, even if
only by a gesture.
4. To continue to fulfill their rights, even after they die, by
praying and asking forgiveness for them, fulfilling their
promises and bequests, and being generous to their
friends and relatives.

These two Articles discuss the parents‟ rights over the
children, which will be clarified in Chapter IV.1

Section Six
Polygyny
This Section deals with polygyny and the rulings that

regulated it, and the stipulation that no preference is shown to any
one of the wives if there is more than one. It also clarifies that a
woman is permitted to stipulate in the marriage contract that her
husband may not marry another wife. Then it clarifies the cases
wherein polygyny is a cause for divorce. These topics are covered
in four articles.
Article (79)
Regulations Related to Polygyny
Polygyny is permissible within the limits decreed by
Shari‟ah to achieve a Shari‟ah recognized or social interest.
However, men must meet the condition that they be able to
fulfill the responsibility of providing for the wives and children,
while being just between them, with total equality in housing,
food, clothing, nights, and all other affairs of life.

This Article makes it absolutely clear that polygyny is
permitted within the limits that have been established by Shari‟ah,
to achieve a Shari‟ah recognized or social interest, with conditions.
Regarding the permissibility of polygyny, Allah the Exalted
says:
َ ‫ يََ َ َ لِّ َنآ ِ َََثْد ََن‬ ِ ُُ َ‫ََآَطَآب َل‬
ّ
ِ ِ
َ ََ ‫وإ ْن َخ ْفُت ْ ي َأَالَتُد ْق ن ُو َِب َ لَدَت َآَىَ َفآنُ َُ و‬
ِ
َ‫آََنْلَ َُ ْت َأَ ُْيَآنُ ُُ ْ ي َ ذَلِ َك َأَ ْد ََّن‬ ِ ِ ِ
َ َََ ‫َورَ َع َفَإ ْن َخ ْفُت ْ ي َأَالَتدَ ْع كلُو َ َفد َو س َك ً َ أ َْو‬
ُ ‫ث‬ َ ‫وثُل‬
)1 8:‫ (انُسا‬ ‫أَالَتدَ عُولُو‬
And if you fear that you will not deal justly with the
1
See Article (113), Section Five, Chapter IV.
orphan girls, then marry those that please you of

[other] women, two or three or four. But if you fear
that you will not be just, then [marry only] one or
those your right hand possesses. That is more
suitable that you may not incline [to injustice].  (4:
3)
Thus the verse indicates that the permissibility of polygyny is
contingent upon the assurance that no oppression will take place
between the wives with respect to the division of time and financial
support, making it less likely to lead to oppression. Also, the use of
the imperative tense in conjunction with the condition denotes
permissibility [if you fear that you will not be just, then marry…]
as has been established in the fundamentals of jurisprudence. 1
Polygyny is resorted to when there are motives behind it that
achieve a Shari‟ah recognized or societal interest. Some of these
interests include with a disproportionately high number of women
to a small number of men, whether in normal situations where there
is a greater number of women than men, as is common in north
Europe, or as a result of wars, such as what took place in Germany
after World War I. In such cases, they system of polygyny
becomes a social and societal necessity which is required in order
to achieve the common welfare and mercy, and to protect women
from prostitution and deviance.
Likewise polygyny is a solution if the woman suffers from
infertility and is unable to bear children, or if she has a repugnant
disease; for it is better, more merciful, and more noble for the wife
to remain married, while at the same time allowing the man the
chance to marry another woman, especially since the sterility or
disease may be cured some time in the future. There are also other
Shari‟ah recognized and societal interests that are achieved by
polygyny; even if it is merely to deal with overwhelming desire on
the part of the man, when one woman is unable to satisfy him.
1
See: Badr Ad-Deen Az-Zarkashi, Al-Bahr Al-Muheet, vol. 3 pg. 277, in the section
dealing with the imperative tense. Also see: Ahmad ibn Muhammad As -Sawwi Al-
Maaliki Al-Khalwati, Hashiyyat As-Saawwi „ala Al-Jalalayn, Cairo, Mustafa Al-
Baabi Al-Halabi (1360 AH/ 1941 C.E.) vol. 1, p. 190.
This Article stipulates two conditions for polygyny:

The first: The ability to bear the financial responsibility of
providing for the wives and the children, as it is not permissible for
a man to pursue marriage, regardless of whether it is to one wife or
more, if he does not have the ability to provide the necessities and
expenses of marriage, and to continue to be able to provide the
necessary financial support for the wife, as has been previously
established1 in the discussion of the application of the Shari‟ah
rulings to marriage. This is indicated by the words of the Prophet
(may blessings and peace be upon him), “O young men, whoever
of you is able should get married, for it is more helpful to lower
the gaze and protect the chastity.” 2 Likewise, it was related by
„Abdullah ibn „Amr (may Allah be pleased with him) that the
“It is a great sin that a person be the cause of the ruin of
someone for whom he is responsible for providing.” 3
The second condition is that the husband must be just with
regard to his wives by being totally equal in their accommodation,
food, clothing, the nights that he spends with them, and all other
affairs of life. This requirement is indicated by the aforementioned
verse of the Qur‟an that mentions being just, such that the man
must have a preponderant assumption that he is capable of being
just with his wives; otherwise, it is not permissible for him to marry
more than one woman.
The obligation and stipulation of justice is evidenced by the
narration of Abu Hurayrah (may Allah be pleased with him) that
the Prophet (may blessings and peace be upon him) said,
“Whoever has two wives and inclines toward one of them [over
the other], he will come on the Day of Judgment and one side of
his body will be falling.” 4 In another narration he said, “Whoever
has two wives and inclines towards one of them [over the
1
Article (52) of Section Two of Chapter III.
2
3
4
other], he will come on the Day of Judgment and one

side of his body will be leaning.” 1 Justice in the context of this
stipulation refers to equality in all material issues wherein it is
possible to be equal. As for equality in preference and feelings, this
will be discussed in the next Article.
***
Article (80)
Not Showing Preference to Any of the Wives
Shari‟ah encourages maintaining a balanced disposition,
without exaggeration in displaying affection or showing
preference towards any of the wives.

This Article indicates that there is a non-material aspect that
the husband cannot control, and thus, he may not be able to be
equal between the wives therein. This issue is the preference that
he feels in his heart. This is indicated by what was related by
„A‟ishah (may Allah be pleased with her) that the Messenger of
Allah (may blessings and peace be upon him) used to divide the
nights between his wives and say, “O Allah, this is my division in
that which I control, so do not blame me with regard to that
which You control and I do not control.” Abu Dawood said,
“This refers to the heart.”2 This Article plainly states that Shari‟ah
encourages the man to maintain a balanced disposition without
exaggeration in displaying affection or preference towards any of
the wives. This is to protect the marital relationship and take the
other wives and their feelings into consideration; for even if the
person cannot control his affection, he can control the way he
displays is, and thus, he should make it a point not to exaggerate in
displaying his affection.
***
1
Saheeh hadith, reported by Abu Dawood, An-Nasaa‟i, Ibn Maajah, Ahmad, and Ad-
Daarimi. The wording is from Abu Dawood and Ad-Daarimi
2
Saheeh hadith; reported by Ahmad, Abu Dawood, At-Tirmidhi, An-Nasaa‟i, Ibn
Maajah, and Ad-Daarimi.
Article (81)
Stipulation of a No-Polygyny Clause
It is allowed for the wife to stipulate in the marriage
contract that her husband may not take another wife, and to
stipulate a consequence for any viol ation of this condition.

This Article discusses the permissibility of a wife stipulating
in the marriage contract that her husband may not take another wife
while they are married and to stipulate a consequence for any
violation of this condition. The permissibility of and evidence for
such stipulations have been previously mentioned. 1
***
Article (82)
When Polygyny is Cause for Divorce
If the husband does not abide by the Shari‟ah conditions
for polygyny, and if this causes harm to the wife, it is her right
to request divorce. If the husband does not divorce her, she
may appeal to a judge to divorce her from her husband.

This Article clarifies the wife‟s right to request divorce from
her husband or from a judge if the husband refuses to divorce her,
in the case that the wife suffers harm from the husband as a result
of his not abiding by the Shari‟ah stipulated conditions for
polygyny, such as abandoning her, not spending the night with her,
or not having sexual relations with her. This divorce or decree of
divorce is the result of harm, and not the result of polygyny, and
further details regarding this issue will be mentioned regarding this
form of court issued divorce.2
***
1
In Article (25) of Section Two of Chapter II, and Article (54) of Section Two of
Chapter III.
2
See Article (87) of Part II of Section Seven of Chapter III.
Section Seven
Dissolution of the marriage is the severing of the marital ties

between the two spouses, whether by divorce or by other means.
This Section discusses the various forms of dissolution of marriage
which include divorce, a court ordered divorce, and annulment of
the marriage, and these topics are covered in three Parts.
Part I: Divorce
This part addresses the first form of dissolution of marriage
which is divorce. It clarifies the definition of divorce and the
wisdom behind it, the necessity of patience and tolerance between
the spouses, the means of discouraging and limiting divorce, and
the wife‟s compensation for divorce. These topics are covered in
four articles.
Article (83)
The Definition of Divorce and the Wisdom Behind It
Divorce is the severing of the marital bond by the sole
will of the husband. It is one of the permissible actions that is
hated in Islam; in fact, of all permissible acts, divorce is the
most abhorred by Allah. It was legislated to put an end to
marriage that does not achieve its Shari‟ah aims as a result of
intense conflict between the spouses in cases when it is sure that
continuing the marriage is absolutely impossible.

The word for divorce in Arabic denotes untying bonds. The
Charter has defined divorce on the basis of its technical definition
as being, “Severing the marital bond by the sole will of the
husband.” “Marriage” in this context specifically refers to a valid
marriage. Thus, if the marriage is invalid, divorce cannot take

place; instead it would be considered abandonment or annulment.1
It was related by Al-Miswar ibn Makhramah (may Allah be pleased
said, “There is no divorce before marriage.” 2
This Article mentions that divorce is one of the permissible
acts that are hated in Islam, in fact, of all permissible acts; it is the
most detested by Allah. This is indicated by a survey of the
Shari‟ah texts that encourage marriage, enjoining it and ordering
that it be protected, providing for its continuity and caring for it so
that it is not severed by any means. There are many such texts, and
they are spread throughout this note. The same meaning is clearly
indicated by the narration of Muhaarib that the Messenger of Allah
(may blessings and peace be upon him) said, “Allah has not made
anything permissible, which is more hated to Him than
divorce.” 3 Also, in the narration of „Abdullah ibn „Umar (may
Allah be pleased with him), the Messenger of Allah said, “Of all
the permissible matters, that which is most hated by Allah is
divorce.” 4
Scholars of fiqh have mentioned that all five of the Shari‟ah
rulings may apply to divorce:
- It may be obligatory: Such as in the case that the husband is
unable to have intercourse with the wife or to provide for
her, in which case he is religiously obliged to divorce her if
she desires this so that her morals are not corrupted as a
result of him keeping her as his wife and so that she is not
harmed. This ruling also applies to divorce that is issued by
1
Al-Mawsou‟ah Al-Fiqhiyyah, ibid., vol. 27, pg. 5, The difference between annulment
and divorce is forthcoming in the discussion in Part III of Section Seven of Chapter
III.
2
Weak hadith, reported by Ibn Maajah and Al-Baghawi in Sharh as-Sunnah was-
Saheeh wa Fiqhih. Although the hadith is weak, its meaning is Saheeh.
3
Mursal hadith, narrated by Abu Dawood and Al-Bayhaqi.
4
Weak hadith, reported by Abu Dawood, Ibn Maajah, Ad-Daaraqutni in his Sunnan,
Al-Baihaqi, and Al-Hakim who classified it as Saheeh, and Abu Hatim considered it
preponderant in „Illal Al-Hadith wa Irsaluh (vol. 1, pg. 431), and the hadith has been
strengthened by other hadiths with similar meanings.
two arbitrators in the case of marital discord if they

are unable to reconcile between the two spouses, and if they
believe that the couple should be divorced according to those
who take the opinion that they are authorized to separate
them.
- It may be recommended: This is if the wife is negligent in
fulfilling the husband‟s rights that she is obliged to fulfill
such as refusing to have intercourse with him without any
Shari‟ah sanctioned excuse, and insisting on her refusal.
Likewise, divorce is recommended if the wife requests and
insists on it as a result of discord between them.
- It may be permissible: In cases when divorce is required to
avoid the wife‟s bad manners or bad treatment, or because
he feels a sense of hatred towards her that he cannot prevent
(with the condition that his hatred of her does not cause him
to be negligent in fulfilling her rights or lead him to oppress
her). The Article refers to these three rulings in its statement
that divorce “was legislated to put an end to marriage that
does not achieve its Shari‟ah aims as a result of intense
conflict between the spouses in cases when it is sure that
continuing the marriage is absolutely impossible.” In this
Article, “legislated” is used to mean making it obligatory,
recommended, or permissible.
- It may be hated, and this is the opinion of the majority of
scholars of fiqh, and this is if there is in the absence of any
of the aforementioned motives. Also, some scholars stated
that divorce is prohibited in this case due to the undue harm
that it causes the wife.
- It may be prohibited – Such as in the case that the husband
knows that he will commit adultery if he divorces his wife
due to his attachment to her, or due to his inability to marry
anyone else. Also, it is prohibited to divorce a woman
during her menstrual period or during a period of time in
which she is pure and he has had intercourse with her, and
this is known as the divorce of innovation1 , the clarification

of which is forthcoming.2
***
Article (84)
The Necessity of Patience and Tolerance
According to Islamic Shari‟ah, each spouse must be
patient with his life partner and tolerate him to the greatest
extent possible.

This Article clarifies the aspect of the marital relationship
that is considered the pillar of marital life and enables the couple to
weather the inevitable storms. By nature, the human self is stingy
in giving others their rights, and greedy in taking its own, becoming
furious if its dignity is injured, or its rights violated, which is a
common occurrence as a result of direct interaction between the
two parties. Allah the Exalted says:
َ‫َو َع ِمنْلُو‬ ِ ُ ‫ري ََِ َ َ ُْنْلَ َآِ َلََد ْ ِ ِغيَََد ْع‬ِ ِ
َ ‫ضَإِالَ لنيي َ َ َََ ُو‬
ٍ ‫ض ُه ْ يَ َعنْلَىَََد ْع‬ ً ‫ َوإ نن َََّث‬
)12 8‫ (ص‬‫آَف َْ ي‬ ِ ِ ‫آاآ‬ ِ ‫لن‬
ُ َََ ٌَ ‫َونَنْل‬َ َ ‫ص‬
…And indeed, many associates oppress one
another, except for those who believe and do
righteous deeds and few are they…  (38: 24)
Considering the fact that within marriage, there is a
tremendous degree of interaction between the spouses, if one party
is not patient with his life partner who might harm him
unintentionally (which is the rule), or intentionally (which is the
exception), if this patience does not exist between the two parties
the storms will destroy their relationship.
The love between the two parties is an important factor that
helps each of them to tolerate and be patient with their partner; in
1
See Al-Mawsou‟ Al-Fiqhiyyah, ibid. vol. 27, pg. 6.
2
This will be covered in the discussion of Article (85) in Part I of Section Seven of
Chapter III.
addition to the sense of responsibility that each feels

towards the other. This has been previously discussed1 as have the
rules for the relationship between the spouses which protect this
entity from being severed.2
***
Article (85)
Limiting the Means of Divorce
Islamic Shari‟ah strives to limit the means of effecting
divorce and has made it complicated with many procedures.
Likewise, it emphasizes continuity of the marriage and avoiding
any intensification of conflict between the spouses. It order to
accomplish this, it mentions many means and mechanisms,
which are explained in detail in the rulings of Shari‟ah.

This Article discusses two issues:
1. Limiting the means of effecting divorce
2. Avoiding intensification of disagreements between
the spouses
As for the first issue, these means include the stipulation of
certain conditions that must be fulfilled in order to effect divorce.
These stipulations maybe related to the person who is effecting the
divorce (the husband), or to the person who is divorced (the wife).
Firstly: The conditions related to the person effecting the
divorce (the husband):
1. He must be the husband as no one other than the husband can
effect divorce. Thus, if a man divorces the wife of his son,
for example, the divorce is not effected because it is the sole
right of the husband.
2. There are, however, situations in which a judge may issue a
1
See Article (34) of Part I, of Section Three, of Chapter II.
2
See Section Three of Chapter III.
divorce, and in such a case he does so pursuant to the

Shari‟ah granted authority. If the woman is oppressed and the
life between them is impossible, then the husband should
divorce her out of consideration for her rights. If he does not,
then it is the judge‟s responsibility to alleviate her of said
oppression because he has the authority to prevent oppression
pursuant to the Shari‟ah law.
3. He must be competent by virtue of having reached puberty
and being of sound mind: Thus the divorce of a pre-
pubescent boy does not take effect, even if he is of sound
mind. Also, the divorce of someone who is insane or sleeping
does not take effect, and the ruling in the case of a person
who is mentally disabled is like that of the person who is
insane.
4. The divorce must be of his own free will, for the divorce of a
person who is coerced does not take effect due to the lack of
will. Scholars differ with regard to the divorce of a person
who is drunk, mistaken, or forgetful, the details of which are
outside of the scope of this text.
5. He must intend and understand the words he uses to
pronounce divorce. Thus if a non-Arabic speaking person
says to his wife, “Anti Taliq” (you are divorced) and he does
not understand the meaning of the words, then the divorce
does not take effect because he did not intend divorce, and
thus it does not effect divorce by analogy with the ruling
related to divorce under coercion, as both of them are devoid
of choice.
Secondly: The conditions related to the person who is divorced (the
wife).
6. She must be the wife of the person pronouncing the divorce
7. She should not have her menstrual period. Scholars differ
with regard to the effect of a divorce pronounced during a
woman‟s menses, which is known as a “divorce of
innovation.” There is consensus on the fact that such a
divorce is forbidden, however, scholars differ with regard to
whether or not it effects divorce. The majority of

Hanafi, Maliki, Shafi‟i, Hanbali, and Zaydi scholars are of
the opinion that it effects divorce, however, the Literalist and
Jafari scholars take the opinion that it does not effect divorce,
which is also the opinion adopted by Ibn Taymiyyah, Ibn Al-
Qayyim, and As-San‟aani (the author of Subul as-Salam).
Some cases are exempted from the prohibition of divorcing
during the menstrual period, the details of which can be
found in books of Fiqh.
8. He must divorce her in a period of purity during which he has
not had intercourse with her. If he divorces her during a
period of purity during which he has had intercourse, this is
also known as a “divorce of innovation” and the same
differences of opinion that were mentioned with regard to
divorce during the menstrual period are applicable to this
issue as well.
As for the second issue: Avoiding intensification of
disagreements between the spouses; this has been previously
discussed in detail in the section on regulations pertaining to the
relationship between the spouses, and it is the principle that strives
to protect the marriage from being severed.
***
Article (86)
The Conciliatory Gift for Divorce
Islamic Shari‟ah encourages the man to give his wife a
material gift, known as al-mutàh, when he divorces her. The
value of the gift should be in proportion to the husband‟s
financial abilities and the duration of the marriage. The
purpose of the gift is to console her and to lessen the harm that
she endures as a result of the divorce.

This Article discusses one of the consequences of divorce,
and it is giving the divorced wife a material gift called Al-mut‟ah,
the value of which depends on the husband‟s financial ability and

the duration of the marriage. The Article mentions that the wisdom
behind this is to console her and to lessen the harm that she
endures as a result of the divorce. Also, due to the fact that
divorce implies that the fault is in the woman, the gift of mut‟ah
is like a testimony her innocence or an admission from the man
that the divorce was because of him or due to an excuse related
to himself, as opposed to being due to a flaw in her, for Allah
the Exalted has ordered us to protect the honor of others to the
greatest extent possible.
The divorce gift is indicated in the Words of Allah the
Exalted:
ِ
َ ‫ْو َ َهلُن َفَ ِْي‬
َ‫ض ًي‬ ُ ِْ ‫وف ن َأ َْوََتد ْف‬
ُ ‫ن‬ َ ّ‫آح َ َعنْلَ ْ ُُ ْ يَإنَطَننْل ْقتُ ُ ي َ ل‬
ُّ َ‫نآ َ َََآَََلَْ َُت‬ َ َ‫الَج‬
ُ 
ِ ِ
َ ‫وف ن َ َعنْلَىَ ملُوس ِع َنَ َك ُرهَُو َعنْلَىَ ملُْقِ ِِت َنَ َك ُرهُ ََََتآ ًعآَ ِ ل َْم ْع ُْوف‬
َ‫َس ًَّقآَ َعنْلَى‬ ُ ‫وَّتِ ُع‬
َ
)114 8‫ (انبمزة‬‫ا‬ ََ ِ‫َ ِن‬
َْ ُ‫مل‬
There is no blame upon you if you divorce women
you have not touched nor specified for them an
obligation. But give them [a gift of] compensation
the wealthy according to his capability and the poor
according to his capability a provision according to
what is acceptable, a duty upon the doers of good. 
(2: 236)
This noble verse orders the husband to give a gift to his wife if he
divorces her before consummating the marriage, if they had not
already agreed upon an amount for the dowry. In another verse of
the Qur‟an, Allah the Exalted orders that a gift be given to all
women who are divorced, whether before consummation or after,
as is indicated in the Words of Allah the Exalted:
ََ ‫َس ًقآَ َعنْلَىَ ملُتن ِق‬
)122 8‫ (انبمزة‬‫ا‬ ِ ِ
َ ‫ْم َنْلن َقآ َََتَآعٌَ ِ ل َْم ْع ُْوف‬
ِ
ُ ‫ ولنْل‬
And for divorced women is a provision according
to what is acceptable a duty upon the righteous.  (2:
241)
Scholars of Fiqh differ with regard to whether this gift is obligatory
or recommended, however the majority of scholars are of the
opinion that it is mandatory. This difference of opinion is

reflected in the phrasing of the Article which states, “Islamic
Shari‟ah encourages”, thereby implying the possibility of both
opinions.
The Article also mentions that this gift should be of a value
that is decided “according to the husband‟s financial ability and the
duration of the marriage”. This is indicated by the Words of Allah
the Exalted:
ِ ِ
َ‫َس ًَّقآَ َعنْلَى‬ ُ ُ‫وَّتِع‬
َ ‫وف ن َ َعنْلَىَ ملُوس ِعَنَ َك ُرهَُو َعنْلَىَ ملُْقِ ِِتَنَ َك ُرهُ ََََتآ ًعآَ ِ ل َْم ْع ُْوف‬ َ 
)114 8‫ (انبمزة‬‫ا‬ ََ ِ‫ملُ َْ ِن‬
…But give them [a gift of] compensation the
wealthy according to his capability and the poor
according to his capability a provision according to
what is acceptable, a duty upon the doers of good. 
(2: 236)
The ayah stipulates two issues that affect the value of the gift: that
the husband‟s financial standing should be taking into
consideration, and that the gift should be equitable, however, this
depends on customs of people which differ from one person to
another. This Charter has adopted the opinion that the duration of
the marriage is the best indicator of the equity of the gift, because it
represents the extent of the harm that the wife suffers as a result of
the divorce.
***
Part II: Divorce by Judicial Decree
It is known that, in principle, divorce is a right in the hand of
the husband, so that if the marital life does not go as Shari‟ah
intended; whereby the aims that Shari‟ah designated for marriage
are not achieved, and the conditions of tranquility, love, and mercy
have been replaced by a life that is controlled by conflict and hate,
such that one or both parties are afflicted by great harm that is
impossible to prevent, then in such a case, it is incumbent upon the
husband to divorce his wife in an equitable manner, by using his
right of divorce. Not using his right to divorce in such
circumstances is a form of oppression, and if the case is raised to

the judge it is the judge‟s responsibility to take the measures that
are necessary to prevent this oppression, executing his
authorization to do so. Thus, he has the authority to separate the
spouses if there is due reason, and this is what is known as “divorce
by judicial decree”. There are several issues that may result in this,
including harming the wife, not providing financial support for her,
a long absence, khul‟a when a woman hates her husband to an
extent that she cannot overcome which causes her to be deficient in
performing her marital obligations, or when the husband refuses to
respond to his wife‟s request for divorce. This part clarifies all of
these topics and covers them in three articles.
***
Article (87)
Divorce by Judicial Decree as a Result of Harm
If the wife has been harmed by her husband to an extent
that would be impossible for most people similar to them to
continue the marital relationship under such circumstances,
then she shall have the right to ask for a divorce. If her
husband refuses to di vorce her, she can raise her case to the
judge. If the harm is proven, then the judge shall rule in her
favor thereby divorcing her from her husband. Because this is
a minor irrevocable divorce, it is not permissible for her
husband to take her back as a wife except with a new marriage
contract and dowry, with the condition that it is not the third
divorce.

This Article clarifies the first causes of divorce by judicial
decree, and is divorce due to harm:
The first condition of this harm is that it must be, “Of an
extent that would be impossible for most people like them to
continue the marital relationship under such circumstances.” The
type of harm that is intended here is that which the husband does
intentionally. It includes anything that he intentionally does, says,
or neglects, without having a Shari„ah recognized

justification for doing so, which results in physical or psychological
harm or pain to the wife‟s body, feelings, or reputation, or exposes
her to such.
Thus, these conditions do not include any harm to the wife
that is the result of the husband‟s absence, being lost, or financial
difficulty, as the husband usually does not intend to harm his wife
in such cases, and any harm that she does endure is unintentional.
Likewise, conflict between the spouses does not fall under this
classification although it may cause harm to the wife, as in most
cases both spouses have a role in instigating it.
The types of harm that justify separation of the spouses
Based on the previous definition of harm it is apparent that
there are two types of harm: material harm (every type of harm that
causes injury or pain to the woman‟s body such as beating her,
injuring her, or throwing hot water on her) and emotional harm
(every form of harm that causes injury to the woman‟s feelings, her
honor, or her dignity, such as insulting her, accusing her of
adultery, or speaking to her in a profane manner). For either of
these forms of harm to be considered grounds for dissolution of the
marriage, it must be intentional and there must not be any Shari‟àh
sanctioned justification for the action.
The Article states that if this harm is proven, “She shall
have the right to request divorce, and if her husband refuses to
divorce her, she can raise her case to the judge. If the harm is
proven, then the judge shall rule in her favor thereby divorcing
her from her husband.”
The Article also mentions that the divorce in this manner is
“A minor irrevocable divorce, it is not permissible for her
husband to take her back as a wife except with a new marriage
contract and dowry, with the condition that it is not the third
divorce.” This is because the woman only resorts to the court to
prevent the harm that she suffered and to dissolve the marriage. If
the divorce were to be revocable, then the husband would be able to
return her during the waiting period, and thus she would be
resubjected to the harm. Thus, the aim is not achieved except by

way of irrevocable divorce.
The obligation of alleviating this harm is evidenced by the
hadith on the authority of Ibn „Abbaas (may Allah be pleased with
him) who narrated that the Messenger of Allah said, “There shall
be no harm or reciprocating harm.” 1
***
Article (88)
Judicial Decree of Divorce Due to Non-Payment of Financial
Support or Long Absence
It is the wife‟s right to request divorce if her husband
refuses to provide financial support for her or if he is absent for
a long time and there is no news from him, or if he is lost or
imprisoned for a long period of time and does not have any
apparent wealth from which she can spend. Even if he does
have wealth, she may request divorce if she is harmed by his
absence from her, and this right is subject to the regulations
and stipulations mentioned in the rulings of Shari‟ah.

The second cause for the wife‟s right to request divorce from
a judge is Judicial Decree of Divorce Due to Non-Support or
Long Absence.
This right is a sort of license for the wife which is allotted to
her. If she chooses, she may exercise it to request divorce,
otherwise she may choose to be patient with her situation and
refrain from asking for divorce.
The Shari‟ah basis for this right is harm, as Shari‟ah has
affirmed the general principle is that there shall be no harm or
reciprocating harm, and that harm is to be abolished. Likewise,
Allah the Mighty and Glorious specifically orders that wives are
not to be harmed in His Words:
1
Hasan hadith, reported by Maalik, Ahmad, Ibn Maajah, Ad-Daaraqutni, Al-Haakim,
and Al-Bayhaqi.
َ ُ‫وف ن َلِت‬
َ‫ضِّ ُقو َ َع َنْل ْ ِه ن‬ ُ ‫آر‬
ُّ ‫ض‬
َ ُ‫َوالَت‬
…And do not harm them in order to oppress
them…
and
ٍَ ُْ ‫ يَِبَ ْع‬
)4 8‫ (انطالق‬‫وف‬ ِ ُُ َ‫وأْ َُتِْو َََد ْد‬....
ُ
…And confer among yourselves in the equitable
way… (65:6)
He also says:
ٍَ ‫ن‬ ِ ٌ ِْ ‫ن‬ ٍ ِ
)117 8‫ (انبمزة‬ ‫آن‬ َ ‫يحَِب ْس‬ ْ َ‫نآ ٌك َِِبَ ْع ُْوفَأ َْوَت‬
َ َ‫َ ل نل ُق َََنَََْتنَفَ ْإ‬
equitable manner or release [her] with good
treatment... (2: 229)
Thus women have been given this right as it is not equitable to
force them to be patient in the face of the harm that they suffer in
such cases.
This Clause addresses two issues:
 The judgment of divorce for not providing financial support
 The judgment of divorce due to long absence and other
similar issues.
As for the first issue; issuing a decree of divorce for not
providing financial support, if the husband is well off, yet he
intentionally and stubbornly refuses to pay financial support, while
at the same time refusing to divorce his wife, then there is no
disputing that harm has been established.
However, if the husband is poor, and cannot find work to
earn a living, then he is excused, and it is recommended by
Shari‟ah that the wife be patient with her husband‟s financial
difficulties, and stand with him and help him as much as possible.
If she cannot be patient with her husband‟s situation and his
inability to provide for her, and he refuses to divorce her, then she
may submit her case to the judge to dissolve the marital bond
between them.
The woman cannot be required to be patient in bearing such

harm because not all people are alike, and not all women have the
same level of patience and ability to endure the poverty of their
spouse if it reaches the extent that they are unable to provide for
them.
In this case, if the decree of divorce is issued by the judge
after consummation of the marriage, it shall be a revocable divorce
as it is possible that the husband‟s situation might change from
poverty to wealth during the waiting period. Thus, wisdom dictates
that the divorce should be revocable such that the marital life can
be continues if he proves to be able to provide financial support and
if he is prepared to do so during the waiting period. However, if
the waiting period ends before he revokes the divorce, the divorce
will become final.
The second issue deals with divorce as a result of the
husband‟s long absence other similar cases, such as if the husband
is lost, or if he is imprisoned for a long period of time. Absence is
when the person is a long ways away and his whereabouts is
unknown, however, long absence is when there is no news from the
person to the extent that it is not known whether he is alive or dead.
In this case it does not make any difference whether the person‟s
location is known or not since it is not known whether he is alive or
dead, such as in the case of being lost, etc. as opposed to the person
whose news reaches his family.
The Article mentions that long absence is grounds for the
woman to request divorce with the stipulation that she does not find
evident money to spend from, or in the case that money is
available, but she is harmed by his absence from her. This opinion
that has been adopted by this Charter is based on the Maliki and
Hanbali schools of jurisprudence, due to the fact that harm has been
established and the fact that the husband has not lived with the wife
in an equitable manner, and the evidence for this has been
previously mentioned frequently throughout this Charter.
The amount of time that the wife should wait before divorce is
decreed
The preponderant opinion in fiqh is that the waiting

period is four years from the time that the woman refers the case to
the judge. After this time has passed, if it is still not known whether
he is alive or dead, then the wife should undergo the waiting period
of a woman whose husband has died. This period of time has not
based on a standard of assuming death or survival; rather, it is a
period of time that has been set for all cases when the husband‟s
whereabouts is unknown, based on the judgment that „Umar (may
Allah be pleased with him) pronounced, ordering the wife of a man
who was lost to wait this period of time .1
This period of time also allows for an acceptable period of
time to verify the condition of the person who is lost or to assume
the preponderance of his death, if his life cannot be established.
Some of the family laws in Islamic countries have adopted
some of the details related to the specification of this period of time
based on the cause of the absence and whether such a cause usually
results in death or not. Those who are interested can refer to these
rulings.
In the case of a person who is imprisoned, as is mentioned in
the Article, there is no question as to whether he is alive or dead,
however, he is absent from his wife as a result of his prison
sentence, and thus he is grouped with those who are absent from
their wives but are not cut off from them. However, in the case of
imprisonment, they are considered like those who are absent from
their wives without a valid excuse, as imprisonment is a condition
that the person brought upon himself as a result of his own actions.
Imam Malik and Imam Ahmad took the opinion that it is the
wife‟s right to request dissolution of the marriage if the husband is
absent for a long period of time without a valid excuse, and if she is
harmed by his absence and fears that she will be subject to
temptation as a result of it. According to their view, this is her right
whether she has funds to spend from or not, and this ruling also
applies to the case of a person who is imprisoned for a long period
of time.
1
See: Al-Mughni, Ibn Qudamah, vol. 7, pg. 487
However, Imam Malik and Imam Ahmad differed with

regard to what is considered a “long period of time”. Imam Malik
took the opinion that it is one year, whereas Imam Ahmad said that
it is six months based on what was narrated from „Umar ibn Al-
Khattaab (may Allah be pleased with him) when he set six months
as the maximum limit that a man can be absent from his wife.1
Some Islamic countries have applied a system of seclusion
for prisoners, whereby they can have Shari‟ah defined privacy with
their wives, and in such cases the wife of the prisoner does not have
the right to request divorce as long as he has finances from which
she can spend.
In the case that the judge declares dissolution of the
marriage on these grounds, it is considered a dissolution by
annulment according to the Hanbalis, and according to the Malikis
it is a decree of irrevocable divorce, as opposed to an annulment .
***
Article (89)
Khul„a
If a woman hates her husband and cannot stand him,
even though he hasn‟t hurt her in any way that would be
considered grounds for divorce, and if she can no longer bear to
remain with him, then she has the right to request divorce in
exchange for giving up any financial rights that would be due to
her as a result of the divorce, and returning any dowry or gifts
that he gave her.
This form of divorce is known as khul‟a and in principle,
it takes place by way of an agreement between the two parties.
However, if they cannot come to an agreement, or if the
husband arbitrarily refuses to respond to the wife‟s request, the
wife can raise her case to the court to obtain an irrevocable
judgment of divorce.
1
Saheeh narration, reported by Al-Bayhaqi in his Sunnah and by „Abd Ar-Razzaaq in
his book.

This Article discusses the issue of khul„a. Scholars of
Islamic Jurisprudence have differed in their definition of the term
according to the differences in their schools of thought with regard
to whether they classify it as an annulment or a divorce. 1
Khul„a is a Shari‟ah sanctioned action performed by the
husband using wording that includes khul„a or divorce, which
effects dissolution of the marital ties between the spouses in
exchange for a specific amount of money or property that the wife
agrees to pay to the husband, and which is known as the
compensation for khul„a.
The evidence for the permissibility of khul„a
Scholars of Islamic jurisprudence have unanimously agreed
on the permissibility of khul„a, based on the following evidence:
َ‫آن َوال َ َِ َُّ َلَ ُُ ْ ي َأَن‬ ٍ ْ‫ ل نل ُق ََ نََْت ِن َفَإَنآ ٌك َِِبَ ْع‬
ٍ ‫وف َأ َْو ََتن ِْيح َِِب ْسن‬
َ ٌ ْ ُ َْ َ
ِ ِ ِ ِ
َ‫آَس ُكو َدَ نَِفَإ ْنَخ ْفتُ ْ يَأَال‬
ُ ‫َنََيَآفَآَأَالَيُق َم‬
َ ‫وف ن َ َ ْدًئآَإالَأ‬ُ ‫ََتْ َُخ ُيو َّمنآَ َتد ْدتُ ُم‬
)117 8‫ (انبمزة‬ ََِ ْ ‫آح َ َعنْلَ ْ ِه َمآَفِ َمآَ فدَْت َك‬
َ َ‫لَج‬
ِ
ُ َ‫آَس ُكو َدَ نَِف‬ ُ ‫يُق َم‬
ِ
acceptable manner or release [her] with good
treatment. And it is not lawful for you to take
anything of what you have given them unless both
fear that they will not be able to keep [within] the
limits of Allah. But if you fear that they will not
keep [within] the limits of Allah, then there is no
blame upon either of them concerning that by which
she ransoms herself...  (2: 229)
This part of the ayah is related to the permissibility of khul„a with
the stipulations mentioned in the Qur‟anic verse, and has been
explained by scholars of the Qur‟an.
Also, it was related by Ibn „Abbaas (may Allah be pleased
with them) that the wife of Thaabit ibn Qays came to the Prophet
(may blessings and peace be upon him) and said, “O Messenger of
1
Al-Mawsou‟ah Al-Fiqhiyyah, ibid. vol. 19. p. 234
Allah, with regard to Thaabit ibn Qays, I don‟t blame him for
anything in his manners or his religion, however I hate disbelief in
Islam.” The Messenger of Allah (may blessings and peace be upon
him) said, “Are you willing to return your garden to him [that
he gave her for her dowry]?” She said, “Yes.” Then the
Messenger of Allah (may blessings and peace be upon him) said to
him, “Take back your garden and divorce her once.” 1 In another
narration, Sahl ibn Abi Hathmah (may Allah be pleased with him)
said, “This was the first khul„a that took place in Islam.”2 Also, it
was related by Ibn „Abbaas (may Allah be pleased with him) that
the wife of Thaabit ibn Qays was divorced by khul„a, and the
Prophet (may blessings and peace be upon him) made her waiting
period one menstrual period.”3
The Article mentions that the reason for khul„a is “If the
woman hates her husband and cannot stand him, even though he
hasn‟t hurt her in any way that would be considered grounds for
divorce, and if she can no longer bear to remain with him.”
Khul„a may take place by agreement between the two
parties, or else the case is presented to the judge to grant her a
decree of irrevocable divorce from her husband. It is understood
that in such a case, the husband is refusing to effect divorce, and
thus the judge will issue the divorce decree, and this is indicated by
the previous hadith related by Ibn „Abbaas, as the Messenger of
Allah (may blessings and peace be upon him) ordered Thaabit to
accept the garden and divorce his wife.
Sa‟eed ibn Jubayr, Hasan Al-Basri, Ibn Sireeen, and Ziyad
ibn „Abeed of the generation after the Companions were of the
opinion that the judge has the authority to effect khul„a if the
husband refuses to do so.
The units of compensation should be stipulated, and the
Article states that it should be the wife‟s relinquishing of any
1
Saheeh hadith, reported by Al-Bukhari, An-Nasaa‟i, and the wording is from them,
and it was also reported by Ibn Maajah.
2
3
Hasan hadith, reported by Abu Dawood and At-Tirmidhi.
financial rights consequential to the divorce such as any

delayed part of the dowry, financial support during the waiting
period, and al-mut‟ah, and returning any dowry or gifts that she
received from him. This is more just and closer to achieving the
spirit of Shari„ah; instead of leaving the compensation unlimited,
and to prevent the husband from making it expensive.
There are other rulings related to khul„a that can be referred
to in books of fiqh.
***
Part III: Annulment of the Marriage Contract
This Part discusses the annulment of the marriage contract
and the reasons for doing so. These topics are covered in one
article, in addition to clarifying the aspects that differ between
annulment and divorce; the most important of which are:
1. They differ in their essence: Annulment is an invalidation of
the execution of the contract, whereas divorce is the ending
of a contract.
2. They differ in their causes: Annulment may be due to
extraneous conditions that negate the marriage or due to
conditions related to the contract that prevent it from being
executed in the first place. Examples of extraneous cases
are: the apostasy of the wife or her refusal to except Islam if
she is a polytheist who is not is not one of the People of the
Book, or sexual contact between the husband and his wife‟s
mother. Causes that are associated with the marriage
include the case wherein one of the spouses that is married
before puberty is given the choice to approve of or reject the
marriage when they reach puberty. As for divorce, it can
only be effected after the execution of a valid, binding
contract, and it is one of the husband‟s rights. There is
nothing in it that negates the marriage contract or it pursuant
aspects.
3. They differ in their effects: Annulment before
consummation does not establish the woman‟s right to the
dowry, however, if divorce occurs before consummation she

is due half of the specified dowry, and if it is not specified,
then she deserves al-mut‟ah.
***
Article (90)
Cause for Annulment
Both the husband and the wife have the right to request
dissolution of the marriage if either of them finds a serious
defect in the other that cannot be resolved, or which requires a
long period of time to be resolved, and cannot be tolerated
without enduring harm. However, this is with the condition
that the person was unaware of the defect if it was present
before the contract was executed, and that when he became
aware of it, or when the disease occurred after the contract, he
did not accept it, explicitly or implicitly.
Experts should be consulted in determining the deficiencies
that necessitate dissolution, and in such cases, the dissolution is
considered an annulment of the contract as opposed to divorce.

This Article discusses one of the reasons for annulment:
separation based on the discovery of a physical flaw in the other
party. When Allah, in His Attribute of Most Wise Legislator,
ordained marriage, He also established all of the means that are
necessary to guarantee the survival of the marital relationship, free
of anything that might taint its purity, and guaranteeing the
fulfillment of its psychological, financial, and social mission in the
best possible manner. Thus, if a serious defect is discovered that
prevents the aims of marriage from being achieved, according to
Shari‟ah, it is permissible to separate the spouses as a result of this
flaw. These defects include impotence, severing of part or all of
the male organ such that intercourse is not possible, blockage of the
vaginal canal, insanity, or leprosy.
Scholars of Islamic jurisprudence differ with regard to the
permissibility of separating between the spouses on the basis of a
flaw, however, the majority of scholars are of the opinion

that it is permissible, and this is the opinion that has been adopted
by the Charter.
The Hanafis and Malikis view that this dissolution of
marriage is considered an irrevocable court ordered divorce,
whereas the Shari‟s and Hanbalis take the opinion that it is an
annulment of the marriage, and this is the opinion that has been
adopted by the Charter.
This Article stipulates several conditions for the permissibility
of annulment:
1. That the flaw should be a severe defect that cannot be
resolved, or which requires a long period of time to resolve.
2. That it is impossible to live with the defect without being
harmed.
3. That the person was unaware of the defect in his partner if it
existed before the contract.
4. That the person did not accept this defect explicitly or
implicitly when he discovered it, or at the time after the
contract when the illness occurred.
The Shari‟ah basis for referring to specialists in such cases is
taken from the Words of Allah the Exalted:
َ ‫آسأَلُو أَ ْف َََ ل ِّي َّْ َِْ إن َُّ تُ َْ ي ال َتد ْعنْلَ ُمو‬
)5 8:‫ (األَبيا‬‫ن‬ ْ َ‫ف‬
So ask the people of the reminder if you do not
know. (21: 7)
Exegetes concur that “people of the reminder” refers to specialists
and experts in every art and field. Allah also says:
ٍَ ِِ ‫ك َِ ْث ََُ َخ‬
)22 8‫ (فاطز‬‫ري‬ ََ ُ‫ ََوال يدَُدِّ ِئ‬
And no one can inform you like he who is an
expert in all things (35:14)
***
Chapter The Rights and Duties

IV of the Child in Islam
This Chapter discusses the Islamic principles that govern the

affairs of the child in Islam without addressing the laws and
executive procedures of each country, with the purpose of
harmonizing between the Article of the Charter and the
circumstances of each Islamic society. In the drafting of the
Articles of this Chapter, care was taken that they should correspond
with international agreements in content and in order, in order to
facilitate the comparison of the Islamic perspective of children with
other perspectives.
In this Chapter, we strived to combine the rights of the child
with his responsibilities to emphasize that the upbringing of the
child must focus on a balance between his rights and his
responsibilities in a gradual manner according to his stage of
development, until he reaches a stage of complete responsibility.
This Chapter includes all of the rights of the child which are
balanced by social and family obligations, such as legal rights that
are protected by the judiciary, rights that are imposed by innate,
religious and social motives, and rights preceding the formation of
the child as an embryo. This Chapter is comprised of seven
sections:
Section One: Caring for Children from the Beginning of

the Formation of the Family
Section Two: Freedoms and General Human Rights
Section Three: Rights of Personal Affairs

Section Four: Marriage and the Family System
Section Five: Proper Upbringing and Education of the

Child
Section Six: Comprehensive Protection
Section Seven: Concern for the Best Interests of the Child

Section 1
Caring for Children from the Beginning of the
Formation of the Family
This Section describes the care provided for the child from
the start of the formation of the family which includes: seeking
children as a means of preserving the human race, comprehensive
care from the beginning of the marriage, instilling humanit arian
ideals within the child, and abiding by the standards of successful
marriage. These topics are covered in four articles.
Article (91)
Seeking Children to Preserve the Human Race
1. Children are a divine blessing and an innate human
desire.
2. Shari‟ah encourages the pursuit of progeny in order
to preserve the human race.
3. For this reason, Shari‟ah prohibits sterilization of
men and women, hysterectomies, and abortions
except in cases of medical necessity, just as it also
prohibits all means that hamper the continuity of
humanity.
4. It every child‟s right to come into life by way of a
Shari‟ah sanctioned marriage between a man and a
woman.

Clauses (1) and (2) of this Article clarify the status of
children according to the view of Islamic Shari‟ah and the
sentiments of people, and explain the wisdom behind the existence
of children.
Clauses (3) and (4) clarify the means to achieve said
objectives of Shari‟ah.
* Clause (1):
This Clause is based on the Words of Allah the Exalted:
َُ ‫شآ َُ َإَ ًَث ويَد َه‬
َ َ‫ي‬ ‫شآ َُ يَد َه َُ لِ َم‬
َ َ‫ض ََيْنْلُاَُ ََآ ي‬َِ ‫ن َم َو َِ و ألَ ْر‬ ‫كَ ل ن‬ ُ ْ‫ِ َُنْل‬ َِ‫ِن‬
ِ
َُ‫شآ َُ َعق ًمآ إ ن‬ َ َ‫ي‬ ْ َ ‫َو يدَُزِّو ُج ُه َْ ي ذُ َّْ َْ ًََ و َإَ ًَث‬
ََ ََُ ‫وَ َع‬ َْ ‫ور أ‬ َ َ‫لِ َم ي‬
ََ َُّ ‫شآ َُ ُّلي‬
)37- 27 8‫ (انشىري‬ْ‫ي‬ ٌَ ‫َعنْلِ ٌَ ي نَ ِك‬
To Allah belongs the kingdom of the heavens and
the earth. He creates what He wills. He bestows
female (offspring) upon whom He wills, and bestows
male (offspring) upon whom He wills. * Or He
bestows both males and females, and He renders
barren whom He wills. Verily, He is the All-Knower
and is Able to do all things. (42: 49-50)
َ‫آاَآ َُ َخ ْد ٌَْ ِع كَ َرَِّك‬

ِ‫ص‬ ‫ ملَآ َُل و لَْ ِد ُونَ ِزيََيُ اََآ َِ ُّلكندَْآ و لَْ ِآنَِآ َُ ل ن‬
)24 8 ‫ (انكه‬‫ََل‬ َ ‫ثَد ََو ًَ و َخ ْد ٌَْ أ‬
Property and children are the adornment of the life
of this world. But the good righteous deeds that last,
are better with your Lord for rewards and better in
respect of hope. (18: 46)
The aforementioned verses of the Noble Qur‟an explain that
children are a gift and a blessing from Allah, that the love of boys
and girls is innate in human beings, and that they are one of the
pleasures of this worldly life. At the same time, these verses draw
attention to the superiority of the pleasures of the Hereafter that
cannot be reached by any way other than good deeds in this world.
*Clause (2):
This Clause is based on the Words of Allah the Exalted:
)42 8‫ (هىد‬‫سَتد ْع َم ََُّْ َْ ي فِ َهآ‬ َِ ‫شأَ َُّ ي َِّ ََ ألَ ْر‬
ْ ‫ضو‬ َ ‫َ ُف ََو أَن‬
He brought you forth from the Earth and settled
you therein (11: 61)
Spreading civilization on Earth is only possible with the
continuity of life which necessarily requires the continuity of the
human race and succession of the generations of mankind. Such is
the very same wisdom for which the Messenger (may the blessings
and peace of Allah be upon him) encouraged the pursuit of
offspring as it was reported that Ma‟qal ibn Yasaar (may Allah be
pleased with him) said:
A man came to the Prophet (may the blessings and peace of
Allah be upon him) and said, “I found a woman of noble
status and beauty, but she is sterile. Should I marry her?”
The Prophet (may the blessings and peace of Allah be upon
him) answered, “No.” The man returned to him a second
time and again the Prophet (may the blessings and peace of
Allah be upon him) forbade him (from marrying her). When
he returned a third time the Prophet (may the blessings and
peace of Allah be upon him) said, “Marry the woman who
is loving and prolific, for by you (Muslims) I will
outnumber the other nations.” 1
In the narration of the same hadith, Anas ibn Malik (may
Allah be pleased with him) related:
The Messenger of Allah (may the blessings and peace of
Allah be upon him) used to command marriage and strictly
forbid celibacy. He used to say, “Marry the woman who is
loving and prolific; I will outnumber the (followers of
the) Prophets (by you) on the Day of Resurrection.” 2
* Clause (3):
This Clause includes two issues:
The first: It indicates an imperative obligatory ruling for the
realization of the mentioned objectives of Shari‟ah, i.e. the
prohibition of the sterilization of men and women, hysterectomies,
abortion3, and other means that hinder the continuity of
humanity. The only exception to this prohibition is in the case of
medical necessity as determined by experts.
The second: Rejection of aberrant arrangements that are
1
Saheeh hadith, reported by Abu Dawood and An-Nasaa‟i.
2
3
Further clarification of this issue will be given in Clause (2) of Article (95).
falsely termed “marriage”, whether between two men, two

women, collective unions, or other arrangements that are advocated
based on a claim that marriage can take various forms. Islam
prohibited all of these because they are forms of unfruitful marriage
that do not produce progeny to preserve humanity. This prohibition
in Islamic Shari‟ah is confirmed by numerous indisputable texts
from Shari‟ah which prohibit adultery, homosexuality (whether
male or female). Islamic Shari‟ah also orders the preservation of
chastity and honor, as is frequently mentioned in the Noble Qur‟an
and the Noble Sunnah. As such references are well known to all
Muslims there is no need to cite them here.
* Clause (4):
This Clause asserts the right of the child to come into this
world by way of a normal marriage between a man and a woman,
which is accepted by divine religions and laws, rather than by way
of illegitimate relations.
No counterpart to this Article exists in the Convention on the
Rights of the Child that was issued by the United Nations.
Its counterpart in the Cairo Declaration, titled “Human
Rights in Islam” issued by the Organization of the Islamic
Conference in 1990, is stipulated in clauses (B) and (C) of the
second Article of the declaration which state:
Clause (B): It is forbidden to resort to any means that
could result in the genocidal annihilation of mankind.
Clause (C): The preservation of human life throughout
the time willed by Allah is a duty prescribed by Shari‟ah.
Also, Article (5A) of that declaration establishes that the
family is the foundation of the societal structure, and that marriage
is the basis of the establishment of families.
***
Article (92)
Comprehensive Care from the Start of the Marriage
1. The care of Islamic Shari‟ah for children includes the
following stages:
a. Each spouse‟s selection of the other spouse.
b. The period of pregnancy and birth.
c. The period from birth until discretion (the stage
during which the child is unable to discriminate
between affairs).
d. The period from discretion until puberty (the stage
during which the child is able to discriminate between
affairs).
2. With each of these stages, the child is entitled to certain
rights appropriate to that stage.

This Article classifies the different stages that are included
under the care given by Islamic Shari‟ah to children, starting with
the selection of the wife, passing through stages of pregnancy and
birth until discretion and puberty. This will be further elaborated
with its Islamic references in subsequent Articles.
Rights of the Child, which is limited in its first Article to defining a
child as being “every human being below the age of 18 years”.
***
Article (93)
The Family is the Source of Human Values
The family is the nest for the child and his natural
environment that is necessary for his care and upbringing. It
also acts as the child's first school in which humanitarian,
moral, spiritual, and religious values are instilled.

This Article is dedicated to clarifying the importance of the
family to the child. The first verse of the chapter of An-Nisaa‟
states the pivotal nature of the family as the nucleus of human
society. Allah the Exalted says:

‫سَ و ِس َك ٍَ و َخ َنْل َا َِ ْد َه آ‬ٍ ‫نآس نتد ُقو َرَن ُُ َُ ي َل ِيي َخ َنْل َق ُُ ي َِّ دن ْف‬ َُ ‫ َََي أَيُّد َهآ ل‬
ََِِ َ‫ِ لن ِيي َتنآ لُون‬ ََ‫نآ ًَ و نتدقُو ن‬ ِ ِ‫ث َِ ْد ُهمآ رِجآال ََّث‬
َ َ ‫ري ون‬ ً َ َ َ‫َز ْو َج َهآ وََ ن‬
)28:‫ (انُسا‬‫ُ َْ ي َرنِ ًَ ِآ‬ ُ ْ َ‫ِ ََّآ َن َعنْل‬ََ‫آم إ نَن ن‬
ََ ‫و ألَ ْر َس‬
O mankind! Be dutiful to your Lord, Who created
you from a single person (Adam), and from him
(Adam) He created his wife (Hawwa (Eve)), and
from them both He created many men and women;
and fear Allah through Whom you demand (your
mutual rights), and (do not cut the relations of the
wombs (kinship). Surely, Allah is Ever an All-
Watcher over you. (2:1)
He also says:
ِ َ َُّ‫شْ فَُعنْلَ َُ نَن ِآ و ِ ْهْ وََّآ َن ر‬ ِ ِ ِ
 ْ‫ي‬
ً ‫كَ نَك‬ َ ً ً َ َ َ ً َ ََ َ ‫وف ََو لنيي َخنْلَاَ َ ََ ملَآ‬
ُ 
And it is He Who has created man from water, and
has appointed for him kindred by blood, and kindred
by marriage. And your Lord is Ever All-Powerful to
do what He wills. (13: 54)
Likewise, the Messenger (may the blessings and peace of
Allah be upon him) illustrated the family‟s immense effect on the
child in his statement that was narrated by Abu Hurayrah, “There
is no infant except that he is born on the fitrah (the pure innate
inclination to worship Allah Alone) then his parents make him
a Jew, Christian, or Magian.” 1
The gravity of modern trends in the west have led to the
disintegration of the family; shifting it from being a family of
multiple bonds (biological, human, emotional, communal as a
whole) and having mutual obligations and rights, to a family based
solely on an individual biological connection. It has also resulted
in encouraging both the father and mother to absolve themselves of
their obligations towards their children. Thus, this Article stresses
the importance of the family in all aspects relating to the child in
1
Islam, which places great emphasis on rearing the child among a

family with extensive bonds for his protection, care, and
upbringing. The evidence for said notion is extensive in the Noble
Qur‟an, the Noble Sunnah, and Islamic jurisprudence, which
provide regulations for all minor and major affairs and conditions
of the family, as well as provisions related to inheritance, bequests,
financial support, blood money, and other rights and obligations
which extend beyond the individual realm of the family members.
Rights of the Child, which only refers in its Articles (9) - (11) to the
impermissibility of separating the child from his parents and places
emphasis on reuniting families.
***
Article (94)
Adhering to the Criteria for a Successful Marriage
It is the child‟s right upon his parents that each should
make the optimal selection in choosing his partner and that
they should adhere to the standards for a successful marriag e
that are outlined by Islamic Shari‟ah and are stated in Article
(51) of this Charter.

In Islamic Shari‟ah, the child‟s rights begin early on, even
before the parents are married, by way of each spouse‟s optimal
selection of the other as this naturally reflects on the child who is
brought into this world with genetic characteristics acquired from
each of his parents. Likewise, the selection of the father and mother
also impact the environment in which he will grow and the care he
will be given in the areas of health, nutrition, upbringing,
education, etc. The child, who will be subjected to the effects of
such selection, and in whom they will materialize, has no one to
foster his future benefit better than his parents. For this reason,
Islamic Shari‟ah places emphasis on the recommendation that each
spouse makes the best choice possible in choosing the other and
that the should abide by the criteria for a successful marriage that
has been specified by Islamic Shari‟ah and which is stated

in Article (51) of this Charter where it has been previously clarified
and explained.
Based on what has been mentioned, it is clear that the rights
of the child are metaphorical rights that represent a moral quality
that has a great effect on the conscience of the individual and his
behavior in searching for a suitable partner for himself, in whom
the values and principles that guarantee righteous offspring are
materialized.
Rights of the Child.
***
Section Two
Freedoms and General Human Rights
This Section discusses the freedoms and general human

rights of the child. It specifies his right to life, survive and develop;
his right a welcome arrival into this world, his right to the
protection of his identity, his right to the prohibition of
discrimination, his right to health care, his right to compassionate
treatment, his right to enjoy recreational time, his right to freedom
of thought and religion, and his right to freedom of expression.
These rights are addressed in nine articles.
Article (95)
The Right to Live, Survive and Develop
1. From the time the child is formed as an embryo, the
child shall have an inherent right to life, survival, and
development.
2. Abortion of the embryo is prohibited unless the life of the
mother is exposed to certain danger that cannot be
avoided except by abortion.
3. The embryo shall have the right to receive health care
and suitable nutrition by way of the care that is provided
for his pregnant mother.
4. It is prohibited to harm the embryo in any manner, and
Shari‟ah has set a civil and punitive punishment for
whoever violates this.

This Article discusses the right to life, survival and
development.
This right commences from the time of the formation of the
child as an embryo. The life of the embryo in Islamic Shari‟ah
enjoys complete care and protection as it is considered to be a live
person created by Allah, even though its life is nested inside the
abdomen of his mother until sufficient growth for its live

birth has been completed.
The meaning of embryo in this context is that which is
formed in the uterus from the sperm and the ovum, even before the
soul enters the body 120 days from conception.1
The right to life is fundamentally connected to the right to
survival and development. Accordingly, suitable health care and
nutrition for the pregnant mother is necessary. Islam has imposed
on the father of the child the duty of supporting the pregnant
mother financially for Allah the Exalted says:
ََ ‫ْ ْع‬
َ ‫ْت َنْل ُه نَ َفإ َْن أ َْر‬
ْ َ ََ ‫ض ْع‬
َ َ‫َ ي‬ ِ ‫ْت ٍََ َفأ‬
َ‫َنف ُقو َع َنْل ْ ِه نَ َس ن‬ َْ َِ ‫وإن َُّ نَ أ ُْوال‬
ِ ْ‫وف وإن َتد َعآسَُُْْت فَنتُد‬
َُ َ‫ْ َُع ل‬ ْ َ َْ ٍَ ُْ ‫ورُف نَ وأَْ َُتِ ُْو ََد ْدَ ُُ ي ِِبَ ْع‬
َ ‫ُج‬
ُ ‫وف نَ أ‬
ُ ُ‫لَ ُُ َْ ي فَآت‬
)48‫ (انطالق‬ ‫أُ ْخ َْى‬
…And if they are pregnant, then spend on them till
they lay down their burden. Then, if they give suck
to the children for you, give them their due payment,
and let each of you accept the advice of the other in
a just way. But if you make difficulties for one
another, then some other woman may give suck for
him (the father of the child). (65: 6)
To protect the right to life of the embryo, Islam has
prohibited abortion unless the life of the mother will be exposed to
certain danger that cannot be avoided except by aborting the child.
This right is established by the general prohibition of killing:
َِّ َ‫ُِ إال ِ ْا‬
)232 8‫ (األَعاو‬‫ا‬ َ ِ ‫س َل‬
َ‫ِت َس نََْم ن‬ ََ ‫وال َتد ْقتُدنْلُو لند ْف‬
...And kill not anyone whom Allah has forbidden,
except for a just cause (according to Islamic
law)… (6: 151)
It is also demonstrated by the specific prohibition of burying
baby girls alive8
َْ َ‫َي ذَنْ ٍَ نُتِنْل‬
)7، 6 8‫ (انتكىيز‬ ‫ت‬ َِّ ‫ِِب‬  ْ ‫وإذَ ملَْو ُو َد َُ ُسئِ َنْل‬
َ‫ت‬
1
See Al-Mawsou‟ Al-Fiqhiyyah, Kuwait, with reference to the entries pertaining to the
embryo and abortion.
And when the female (infant) buried alive (as the

pagan Arabs used to do) shall be questioned: * For
what sin was she killed? (81: 8-9)
The permissibility of abortion, when the life of the mother is
exposed to inevitable danger, is based on several fundamental
principles of Shari‟ah
1. Making exceptions in cases of necessity, as Allah the
Exalted says:
)227 8‫ (األَعاو‬ َِ ْ َ‫ُت إل‬
َُْ‫ْ ُ ِْ ْر‬
ْ ‫إال ََآ‬
… Except under compulsion of necessity… (6:
119)
2. Giving the life of the mother precedence over the life of the
embryo or fetus as the mother is primary, while the embryo
is subsidiary, in application of the words of Allah the
Exalted:
)111 8‫ (انبمزة‬ِ‫ضآ نَر و لِ َك ٌَ َِ َولَ ِك َفآ وال ََ ْولُودٌَ لن َُ َِ َولَ ِك َه‬
َ ُ‫ال ت‬
…No mother shall be harmed on account of her
child, nor father on account of his child… (2: 233)
3. Enduring the least of two harms as the life of the mother is
established while the life of the embryo or fetus is probable.
Islam has also prohibited anything that might harm the
embryo or fetus in general, to the extent that it excuses his pregnant
mother from the obligatory fast in Ramadan, though she is required
to make up the missed days. It was related on the authority of Anas
ibn Maalik that the Prophet (may the blessings and peace of Allah
be upon him) said, “Allah the Exalted has relieved the traveler
from fasting and half of the prayers, and the pregnant or nursing
woman from fasting.” 1
Likewise, in the case that the woman is sentenced to
execution as a Hadd (prescribed) or retributive punishment, Islam
states that the execution should be delayed until she has given birth
to her baby and nursed him until the time of weaning. It was
1
Saheeh hadith, reported by At-Tirmidhi and An-Nasaa‟i.
narrated on the authority of „Imraan bin Husayn that a

woman from the tribe of Juhaynah approached the Messenger of
Allah (may the blessings and peace of Allah be upon him) and she
was pregnant from having committed adultery. She said, “O
Messenger of Allah, I have committed an offence for which I
deserve the Hadd punishment, so carry it out. The Prophet of Allah
called her guardian and said, “Treat her well, and when she gives
birth bring her to me.” Her guardian did so, and the Messenger
of Allah (may the blessings and peace of Allah be upon him) called
for her and ordered that her clothes be tied to her, then she was
stoned to death and then they performed the funeral prayer for her.
„Umar said in astonishment, “Are we to perform the prayer for her
even though she committed adultery?” The Messenger of Allah
answered:
She has repented in such a manner that if her
repentance were to be divi ded between seventy
people of Madinah, it would be sufficient for all of
them. Have you seen anything greater than this
woman who presented herself to Allah!1
The prohibition of harming the embryo of fetus, or attacking
its life, is an absolute prohibition in Islam, as it is a human being
created by Allah, and thus, no human has the right to assault him,
not even his father or his mother who is carrying him. Likewise,
even in the case of illegitimate pregnancy resulting from adultery,
the mother is not allowed to abort because the child bears no blame
for the crime of his parents as Allah the Exalted says:
)23 8:‫ (اإلرسزا‬‫وال َت ِزَُر و ِزَرٌَ و ْزََر أُ ْخ َْى‬
…No one laden with burdens can bear another‟s
burden… (17: 15)
Article (6) of the Convention on the Rights of the Child
stipulates the child‟s inherent right to life, survival, and
development. As for the other clauses, no counterparts exist,
particularly as the trend to permit abortion has been expressed
in other international discussions and declarations.
1
Saheeh hadith, reported by Muslim, Abu Dawood, At-Tirmidhi, and An-Nasaa‟i.
***
Article (96)
The Welcoming of the Child
At the time of his birth, it is the child‟s right that his parents
give him a good name, demonstrate happiness and joy upon his
arrival, and celebrate his birth. Islamic Shari‟ah commands that
boys and girls be dealt with equally in such matters and it prohibits
dissatisfaction with the birth of girls or harming them in any way.

This Article comprises three points:
1. Giving the child a good name
2. Welcoming the child‟s arrival
3. Treating boys and girls equally and not showing
displeasure with girls
These points are based on many Shari‟ah texts:
*Giving the child a good name:
Ibn „Abbaas (may Allah be pleased with him) related that
the Prophet (may the blessings and peace of Allah be upon him)
said, “It is the right of the child upon his father to give him a
good name and teach him good manners.” 1 Also, it was related
on the authority of Abu Ad-Dardaa‟ (may Allah be pleased with
him) that the Messenger of Allah (may the blessings and peace of
Allah be upon him) said, “You shall be called on the Day of
Resurrection by your names and the names of your fathers, so
select good names for yourselves.” 2
Article (5) of the Egyptian Law for Protection of Children
states, “It is not permissible for the name to be demeaning or
insulting to the child‟s dignity, or counter to religious beliefs.”
* Welcoming the child‟s arrival
1
Hasan hadith, reported by Al-Baihaqi in Shu‟ab Al-Eman, and Al-Haythami in
Majma‟ Az-Zawa‟id.
2
Hasan hadith, reported by Ahmad, Abu Dawood, Ibn Hibbaan, and Ad-Daarimi.
It was narrated by Samurah (may Allah be pleased

with him) that the Messenger of Allah (may the blessings and peace
of Allah be upon him) said, “The child is on lien for his birth
sacrifice which is slaughtered for him on the seventh day, and
the child is named, and his head is shaved.”1
* Treating boys and girls equally
See comments on Article (98) and (100).
* Not showing displeasure in having girls
Those who are displeased with the birth of a girl child are
censured in the Qur‟an as Allah the Exalted says:
ََ َِ ‫ يَدَتد َو َرى‬ ‫وف ََو ََّ ِم ٌَ ي‬
ُ ‫ن َو ًّد‬ ْ ََ‫َس ُك ُف ي ِ ألُنَثى ظَ ن‬
ْ َُ َُ ‫وج ُه‬ ِّ َُ ‫وإ َذ‬
َ ‫ش ََْ أ‬
ٍَ ‫ش ََْ ََِِ أَُُيْ ِن ُُ َُ َعنْلَى ُف‬ ِ
َِ َْ ‫ب لُّتد‬
‫ب أَال َسآ‬ َ ِ َُ‫ون أَ َْم يَ ُك ُّس‬ ِّ َُ ‫ل َق ْوَم َِ ُسوَِ ََآ‬
)37- 36 8‫ (انُحم‬‫ن‬ َ ‫ََآ َ ْ ُُ ُمو‬
And when the news of (the birth of) a female
(child) is brought to any of them, his face becomes
dark, and he is filled with inward grief! * He hides
himself from the people because of the evil of that
whereof he has been informed. Shall he keep her
with dishonor or bury her in the earth? Certainly,
evil is their decision. (16: 58-59)
No counterpart exists for this Article in the Convention on
the Rights of the Child.
***
Article (97)
Protection of Identity
The child shall have the right to maintain his identity, which
includes his name, nationality, family affiliations, language, and
culture, as well as his religious and cultural affiliation.

1
Saheeh hadith, reported by Ahmad, Abu Dawood, An-Nasaa‟i, and At-Tirmidhi.
This Article affirms the identity of the child, specifies its

elements, and makes respect and protection of the identity
obligatory. In many texts, Islam emphasizes respect of the
disparities and variations between nations, peoples, folks,
languages, and colors, and clarifies that such disparities are part of
the system that Allah has set for the universe, and the inherent
nature by which he created mankind, so that they would be drawn
together and get to know each other. Therefore, no change will you
find in Allah‟s system of creation, and the Noble Qur‟an expresses
these facts in the words of Allah the Exalted:
َََ ِِ‫وج َعنْلَْآ َُّ ْ يَ ُعُوًَ وَندَ ِآ‬ ِ
َ ‫نآس إ نََ َخنْلَ ْقَآ َُّ ي َّ ذَ ََّ ٍَْ وأُنثَى‬
َُ ‫ َََي أَيُّد َهآ ل‬
)21 8‫ (انحجزاث‬ ‫آرفُو‬ ِ
O mankind! We have created you from a male and
a female, and made you into nations and tribes, that
you may know one another…  (27: 13)
َ‫ا إال ََ نر ِس َ ي‬
ََ ‫نآس أُنَ َيً و ِس َك ًَ وال يَد َز لُو َن نيَُْتنْلِ ِف‬
ََ ‫ك َلََع َََ ل‬
ََ َُّ‫ولَ َْو َ آ ََ َر‬
)227- 226 8‫ (هىد‬‫ك َخنْلَ َق ُه َْ ي‬ ََ ِ‫ك ولِ َيل‬
ََ َُّ‫َر‬
And if your Lord has so willed, He could surely,
have made mankind one nation, but they will not
cease to disagree. * Except him on whom your Lord
has bestowed His Mercy and for that did He create
them… (11: 118,119)
َ‫نى أَن يَ ُُونُو َخ ْد ًْ َِّ ْد ُه ْ ي‬ ٍ ِ ِ

ْ َ‫ َََي أَيُّد َهآ لنيي ََ ََ ُو ال ي‬
َ ‫ن َخ َْْ َند ْوٌَم َّ َند ْوَم َع‬
)22 8‫ (انحجزاث‬َ‫ُ نَ َخ ْد ًْ َِّ ْد ُه ن‬ ُ َ‫نى أَن َي‬ ٍ ِّ‫وال نِنآ َ َِ ن‬
َ ‫نآ َ َع‬
َ ٌّ َ
O you who believe! Let not a group scoff at
another group; it may be that the latter are better
than the former. Nor let (some) women scoff at
other women, it may be that the latter are better than
the former… (49: 11)
At the same time, western civilization is constantly trying to
impose its hegemony, culture, way of life, and conduct upon other
civilizations.
This Article corresponds with Articles (7) and (8) of the
Convention on the Rights of the Child, which mention the

elements of name, nationality, and family affiliations, but do not
refer to language, culture, religious and cultural affiliations. Family
affiliations are referred to in Article (7) as follows, “…and as far as
possible, the right to know and be cared for by his or her parents.”
***
Article (98)
The Prohibition of Differentiation or
Discrimination Between Children
Islamic Shari‟ah prohibits any type of differentiation or
discrimination between children, irrespective of the child‟s or
his or her parents‟ or legal guardian‟s race; color; sex;
nationality; language; religion; political opinion; national,
ethnic, or social origin; property; disability; place of birth; or
other status by which such discrimination is manifested in
violation of the Shari‟ah rulings.

This Article stipulates the prohibition of any form of
differentiation or discrimination between children. Prohibition of
discrimination in this manner is considered one of the indisputable
principles of Shari‟ah. Numerous texts exist in the Noble Qur‟an
and Prophetic Traditions that affirm the complete equality between
all of mankind in general human rights, based on the fact that the
origin of mankind is one, and that their Lord, Who created all of
them, is One God. It is also based on the fact that He honored
Adam and his children with this characteristic alone, exclusive of
color, culture, civilization, or any other affiliation. Allah the
Exalted says:
َِ ‫آف ي َِّ ََ ل نَِّ ِآ‬
ُ َ‫ورَزْند‬ َ ِ ‫آف َْ ي‬
َ َِْ َْ ِ َْ‫ب لَ ِد َِّْ و ل‬ ُ َْ‫وْتنْل‬ََ ‫ولَ َق َْك ََّ نََْْآ ََِ َ َد ََم‬
)57 8:‫ (اإلرسزا‬‫ض ل‬ ِ ‫ري ِّّمن َْ َخنْلَ ْقَآ َتد ْف‬
ٍَ ِ‫آف َْ ي َعنْلَى ََّث‬
ُ َْ‫ضنْل‬
‫وفَ ن‬
And indeed We have honored the Children of
Adam, and We have carried them on land and sea,
and have provided them with lawful good things,
and have preferred them above many of those whom
We have created with a marked preferment (71:

70)
‫س و ِس َك ٍَ و َخنْلَاَ ََِْد َهآ‬
ٍَ ‫نآس نتد ُقو َرَنُُ َُ ي لن ِيي َخنْلَ َقُُ ي َِّ دن ْف‬
َُ ‫ َََي أَيُّد َهآ ل‬
ِ ِ‫ث َِ ْد ُهمآ ِرجآال ََّث‬
)2 8:‫ (انُسا‬ًَ ‫نآ‬ َ ‫ري ون‬ً َ َ َ‫َز ْو َج َهآ وََ ن‬
O mankind! Be dutiful to your Lord, Who created
you from a single person (Adam), and from him
(Adam) He created is wife (Hawwa (Eve)), and from
them both He created many men and women… (4:
1)
The Prophet (may the blessings and peace of Allah be upon
him) said in his farewell address:
O people! Verily your Lord is one! And verily
your father is one! Don‟t you see that there is no
superiority of Arab over non-Arab, or non-Arab
over Arab; or red over black or black over red
except on the basis of piety.” 1
Also, it was narrated by Sahl ibn Haneef and Qays ibn Sa‟d that the
Messenger (may the blessings and peace of Allah be upon him)
stood when a funeral of a Jewish man passed by him. One of his
companions said, “It‟s the funeral of a Jew, O Messenger of
Allah.” The Messenger of Allah responded, “Is it not a soul?” 2
However, this does not apply to that which was excluded in
Articles (4), (5), (6), 7), (8), and (9) of this Charter and its
commentary.
Human values in Islam are absolute and include all people
without discrimination or selectivity, even towards one‟s enemy.
Allah the Exalted, says:
َُ َْْ ‫وال َ َْ ََِْنُُ ْ يَ َ َآ َنُ َند ْوٍَم َعنْلَى أَال َتد ْع ِكلُو ْع ِكلُو ُف ََو أَند‬
 ‫ب لِنْلنتد ْق َوى‬
)68‫(انًائدة‬
…And let not the enmity and hatred of others make
you avoid justice. Be just; that is nearer to piety…
(5: 8)
1
2
At the same time, human values in western

civilizations are not considered general values applicable to all of
humanity except from a solely theoretical perspective; while in
practice, values are subject to selective standards and relativity that
vary and differ according to desires and material benefits, as well as
according to race and color.
This Article corresponds with Article (2) of the Convention
on the Rights of the Child, and is nearly identical to it in its
language.
***
Article (99)
Health Care
The child shall have the right to enjoy the highest
attainable standard of health. Also, he shall have the right to
utilize facilities for the prevention and treatment of illness and
rehabilitation of health.

This Article stipulates the right of the child to enjoy the
highest standard of health. It corresponds with Article (24) of the
Convention on the Rights of the Child that went into detail,
clarifying the necessary services and measures to achieve same
standard of health. The clarification of such details was not
addressed by this Islamic Charter – despite its agreement with
them– sufficing with the general, absolute wording that covers all
present and future services.
Islam pays great attention to the health care of humans in
general, and children in particular, as it has made it obligatory for
man to built his overall strength, as well as his physical strength.
The reason for this is that the body is the tool that man depends on
in life, and in performing the obligations of Shari‟ah. Wahb bin
„Abdullah (may Allah be pleased with him) reported that the
said as part of a long hadith, “Verily your Lord has a right upon
you, your self has a right upon you, and your family (wife) has
a right upon you, so give each his due right.” 1 Also, Abu
Hurayrah (may Allah be pleased with him) reported that the
Prophet (may the blessings and peace of Allah be upon him) said,
“The strong believer is better and more beloved to Allah than
the weak believer.” 2 And from the Prophet‟s supplications, “O
Allah, grant my body health, O Allah grant my hearing health,
O Allah, grant my sight health. None has the right to be
worshipped except You.” 3
The hadiths of the Messenger (may the blessings and peace
of Allah be upon him) include numerous health principles that
preserve the body‟s strength, to the extent that there is a complete
field of Islamic Science known as “Prophetic Medicine”. The
commanded hygiene, balanced nutrition, medical treatment,
avoiding contagious diseases and what is now known as quarantine,
and encouraged physical exercise. The basic rule in Islam is that
one should promptly utilize any useful or beneficial development,
so long as it does not contradict an undisputed text of Shari‟ah, and
is not harmful or foul. A believer is always in pursuit of wisdom;
wherever he finds it, he is the most entitled of people to it. In this
context, the Messenger (may the blessings and peace of Allah be
upon him) said:
 Strive for that which benefits you and seek assistance with
Allah, and do not stand disabled.4
 Verily Allah is good and He loves goodness, and He is
clean and loves cleanliness.5
 Anyone who carries a disease should not approach anyone
who is healthy.6
 Allah did not send a disease except that He sent a cure for
1
2
3
4
Saheeh hadith, reported by Muslim on the authority of Abu Hurayrah.
5
Hasan hadith, reported by At-Tirmidhi on the authority of Sa‟d ibn Abi Waqqaas.
6
Saheeh hadith, reported by Al-Bukhari on the authority of Abu Hurayrah.
it.” 1
 If you hear of a plague in a land, then do not enter it, and
if afflicts a land while you are in it, then do not depart
from it.” 2
***
Article (100)
Compassionate Treatment
The child shall have the right to be treated by his parents
and others in a compassionate and just manner that achieves
his interests.

This Article stipulates the right of the child to
compassionate, fair treatment that realizes his benefits. No
counterpart to this Article exists in the Convention on the Rights of
the Child because it is a particularly Islamic characteristic that is
confirmed by numerous Prophetic Traditions:
* Compassionate Treatment:
It was related on the authority of Abu Qataadah (may Allah
be pleased with him) that the Messenger of Allah (may the
blessings and peace of Allah be upon him) was praying and
carrying Umaamah, the daughter of Zaynab (the daughter of the
Messenger of Allah). When he would prostrate himself, he would
set her down, and when he would stand, he would pick her up. 3
It was related on the authority of Jaabir ibn Samurah (may
Allah be pleased with him) that he said, “I was praying the noon
prayer with the Messenger of Allah (may the blessings and peace of
Allah be upon him), then he went out to his family and I went with
him. Two boys met him and he caressed their cheeks one at a time;
as for me he stroked both of my cheeks.”4
1
Saheeh hadith, reported by Al-Bukhari on the authority of Abu Hurayrah.
2
Saheeh hadith, reported by Al-Bukhari on the authority of Usamah ibn Zayd.
3
Saheeh hadith, reported by Maalik in Al-Muwatta‟, Al-Bukhari, and Muslim.
4
It was related on the authority of Abu Hurayrah (may Allah

be pleased with him) that Al-Aqra‟ ibn Haabis (may Allah be
pleased with him) saw the Prophet (may the blessings and peace of
Allah be upon him) kissing Al-Hasan (his grandson). The man
said, “I have ten children and I have never kissed a single one of
them.” The Messenger of Allah responded, “Verily, he who does
not treat others with mercy, will not be treated with mercy.” 1
It was related on the authority of Jaabir ibn „Abdullah (may
Allah be pleased with them both) that the Messenger of Allah (may
the blessings and peace of Allah be upon him) said, “Do not
supplicate against yourselves, do not supplicate against your
children, do not supplicate against your servants, and do not
supplicate against your property lest you coincide with a time
of acceptance from Allah the Exalted, and you are granted
what you have asked for.” 2
* Fair Treatment
It was related on the authority of An-Nu‟maan ibn Basheer
(may Allah be pleased with them both) that he said:
My father gave me some of his money in charity so my
mother „Amrah bint Rawaahah said, “I will not approve of
this unless you make the Messenger of Allah (may the
blessings and peace of Allah be upon him) a witness.” So
my father went to the Prophet (may the blessings and peace
of Allah be upon him) to take him as a witness for the
charity that he gave me. The Messenger of Allah (may the
blessings and peace of Allah be upon him) asked, “Have
you done this with all of your children?” He answered,
“No.” So he said, “Fear Allah and be just with your
children.” So my father returned and took back his charity. 3
Justice should be observed with regard to that which is given
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, At-Tirmidhi, and Abu
Dawood.
2
Saheeh hadith, reported by Ahmad, Muslim, Abu Dawood, Ibn Hibbaan, and Ibn
Maajah.
3
to children, compassion, smiling, and words.

***
Article (101)
Enjoying Recreation Time
The child shall have the right to enjoy his childhood. As
such, he should not be deprived of his right to relax, enjoy his
leisure time, and engage in play and recreational activities.
Also, he should be allowed to freely participate in cultural and
artistic activities in a manner that is age-appropriate and
preserves his personal identity, while avoiding forms of
recreation that are prohibited by Shari‟ah and the law.

This Article stipulates the right of the child to recreation and
to enjoy his leisure time in all of its forms, as it is a vital
educational factor that plays a role in forming the human
personality during the childhood years.
on the Rights of the Child, and it is nearly identical in its language.
This Article is based on many hadiths which include:
It was related on the authority of Mu‟aawiyah ibn Abu
Sufyaan (may Allah be pleased with him both) that the Prophet
(may the blessings and peace of Allah be upon him) said,
“Whoever has a young boy should play with him.” 1
It was related on the authority of Jaabir (may Allah be
pleased with him) that he said, “I entered upon the Prophet (may
the blessings and peace of Allah be upon him) while he was
crawling on his hands and knees and Al-Hasan and Al-Husayn
(may Allah be pleased with them) were on his back as he was
saying, “What a wonderful camel you have, and what great
1
Weak hadith, reported by Ibn Abi Ad-Dunya in the Chapter of Al-‟Ayal (Dependants),
and Ad-Daylami in Al-Firdaws and Ibn „Asaakir related its chain of narration.
saddle bags you two are!” 1

Anas (may Allah be pleased with him) related that
Messenger of Allah (may the blessings and peace of Allah be upon
him) said, “The over-activity of a boy in his childhood leads to
an increase of intelligence when he becomes older.” 2 Over-
activity of the child in this context refers to the child‟s energy,
activity, and interest in playing.
Allah be upon him) used to tell the children he would meet, “O
young boy, go play.” 3 Likewise, the Companions used to follow
the example of the Prophet (may the blessings and peace of Allah
be upon him) and in appreciation of the educational importance of
play they would urge and encourage their children to play. „Urwah
ibn Az-Zubayr used to say to his son, “My boy, go and play, for
you will not be a noble man until you have played.” Similarly, it is
related that Mugheerah ibn Ibraheem said, “Our companions used
to allow us (the young boys) to play all kinds of games.” Abu
„Uqbah said, “I was walking with Ibn „Umar on a path and we
passed some young boys who were playing, then he took out two
dirhams to give them to encourage their energy in playing.”
This Article also states that forms of recreation that are
prohibited by Shari‟ah and the law should be avoided. Recreation
is allowed as long as it does not cause harm to any anyone; such
that it should not cause injury to any person or animal, and it should
not cause loss or damage of property. Also, the activity must not
be prohibited in and of itself, such as gambling. The duty to
prevent children from such activities is the responsibility of the
father or any other such person who is responsible for the
upbringing of the child. Allah the Exalted says:
1
Weak hadith, reported by At-Tabarani in Al-Mu‟jam Al-Kabeer, Al-Haythami in
Majma‟ Az-Zawa‟id and he said, “The chain of narration includes Masrooh Abu
Shihab, who is a weak narrator.”
2
Reported by Al-Hakeem At-Tirmidhi in Nawaadir Al-Usool on the authority of „Amr
ibn Ma‟dikarib, and Abu Moosa Al-Madyani in his dictations from Anas. As-Suyuti
indicated that it is authentic in Al-Jami‟ As-Sagheer.
3
Hasan hadith, reported by Al-Bukhari in Al-Adab Al-Mufrad.
َُ ‫آر‬ ِ ِ ِ
َ َُ ‫نآسَو ْا‬ ُ ‫ن ُُ ْ يَوأَ ْفنْل ُُ ْ يًَََر َونُو ُد َفآَ ل‬
َ ‫ ََيَأَيُّد َهآَ َليي َ َ ََ ُو َنُو َأَن ُف‬
ِ ِ
َ‫َعنْلَ ْد َهآ َََلِِ َُيٌ َ لظٌ َ ك دٌ َال َيَد ْعصُونَ َ ن‬
َ‫ِ َََآ َأ َََ َُْف ْ ي َويَد ْف َعنْلُونَ َََآ‬
)4 8‫ (انتحزيى‬‫ن‬ َ ‫يدُ ْدََ ُْو‬
O you who believe! Ward off from yourselves and
your families a Fire (Hell) whose fuel is men and
stones, over which are (appointed) angels stern
(and) severe, who disobey not, (from executing) the
Commands they receive from Allah, but do that
which they are commanded. (66:6)
„Ali (may Allah be pleased with him) said that the meaning of
warding a Fire from yourselves and your families is teaching your
families what is good.1 Mujaahid said that it means to commend
yourselves and your families to fear Allah and to discipline them. 2
Qataada said that it means to order them to obey Allah and to
forbid them from disobeying Him.3
***
Article (102)
Freedom of Thought and Conscience
1. Within the limitations of Shari‟ah and the law, the child
shall have the right to freedom of thought and conscience
and the right to nurturing of the innate nature with
which he was born.
2. According to Shari‟ah and the law, parents and those
responsible for caring for the child shall have rights and
duties with regard to providing direction to the child to
enable him to exercise his right to freedom of thought
and conscience in a manner consistent with his evolving
capacities and his actual interests.

1
Saheeh chain of narration, reported by Al-Hakim.
2
Saheeh narration, reported by Al-Firyabi and Al-Bukhari.
3
Saheeh narration, reported by „Abd Ar-Razzaq in his Musnad.
This Article stipulates the child‟s right to freedom of

thought, conscience, and to adopt a religion. Needless to say, these
rights must be exercised within the limitations of the regulations of
Shari‟ah and the law.
on the Rights of the Child.
Islamic Shari‟ah affirms the freedom of belief and religion in
numerous obligating texts, such as in the words of Allah the
Exalted:
َِّ ‫ا ُّلْ ْ َُك َِ ََ ل َغ‬
)134 8‫ (انبمزة‬‫ي‬ ََ ‫ب ل ِّكي َِ َنك نتدَ ِد ن‬
َ ِ ‫ال إ َّْ َْ َه‬
There is no compulsion in religion. Verily, the
Right Path has become distinct from the wrong
path… (2: 256)
ََ ‫َنت تُ ُْ ِْهَُ ل‬
ََ‫نآس َس ن‬ َِ ‫ض َُّنْلُّ ُه َ ي‬
ََ ‫ّت ًعآ أَفَأ‬ َِ ‫آلَ ََ ََ ِبَ ألَ ْر‬
ْ َ ‫ك‬ ََ َُّ‫ولَ َْو َ آ ََ َر‬
)77 8‫ (يىَس‬‫ا‬ ََ َِِ‫يَ ُُونُو َُ ْد‬
And had your Lord willed, those on earth would
have believed, all of them together. So, will you (O
Muhammad) then compel mankind, until they
become believers?  (71: 99)
)17 8 ‫ (انكه‬َْْ ‫وَ َ آ ََ َفدنْلَْ ُْ ُف‬ ِ

َ َ‫ َف َم َ آ ََ َفدنْلْ ُد ْد‬
…Then whosoever will, let him believe; and
whosoever wills, let him disbelieve… (18: 29)
Freedom of belief requires, to an even greater extent,
freedom of thought and expression or presentation of opinion. The
Qur‟an reiterates this right in the words of Allah the Exalted:
َ‫ا إال ََ نر ِس َ ي‬
ََ ‫نآس أُنَ َيً و ِس َك ًَ وال يَد َز لُونَ نيَُْتنْلِ ِف‬
ََ ‫ك َلََع َََ ل‬
ََ َُّ‫ولَ َْو َ آ ََ َر‬
)226،227 8‫ (هىد‬‫ك َخ َنْل َق ُه َْ ي‬ ََ ِ‫ك ولِ َيل‬
ََ َُّ‫َر‬
And if your Lord had so willed, He could surely,
have made mankind one nation, but they will not
cease to disagree. * Except him on whom your Lord
has bestowed His Mercy and for that did He create
them… (11: 118-119)
َ‫تَ َِ نرَِّك‬
ْ ‫نآس إال أُنَ ًَي و ِس َك ًَ َفآ ْخَتد َنْل ُفو ولَ ْوال ََّنْلِ َم َيٌ َسَ ِد َق‬ َُ ‫وَآ ََّآ َن ل‬ َ 
)27 8‫ (يىَس‬ ‫ن‬ َ ‫ض ََي ََد ْدَد ُه َْ ي فِ َمآ فِ َِ ََيَْتنْلِفُو‬
ِ ُ‫لَق‬
Mankind were but one community, then they
differed; and had not it been for a Word that went
forth before from Your Lord, it would have been
settled between them regarding what they differed. 
(10: 19)
‫ُ َْ ي‬ ِ ‫فَ أَل‬

ُ ِ‫ْنَتُُِ ْ يَ َوأَل َْو ن‬ ُ ‫ض َو ْختِل‬ ‫ َوَِ َْ ََيتَِِ َخنْلْاَُ ل ن‬
َِ ‫ن َم َو َِ ََو ألَ ْر‬
)11 8‫(انزوو‬
And among His Signs are the creation of the
heavens and the earth, and the difference of your
languages and colors…  (30: 22)
The differences between people in their circumstances and
languages are part of the system set forth by Allah for this universe,
and there will never be any change in this system. This necessarily
implies the existence of differences in understanding and thinking,
and requires the right of freedom of opinion and expression for
each people, nation, and individual within the limitations set by
Shari‟ah and the law.
In Islam, the freedom to express one‟s opinion does not
stem from individual, personal, or interest based considerations and
it is not an absolute unrestricted freedom, as is the case in western
thought. Instead, it is restricted by the frameworks and regulations
of Shari‟ah that were set forth by Islam and which may not be
surpassed. Despite this, freedom in Islam takes the greatest sphere
of affairs in life and is characterized by a great deal of flexibility,
generality, and comprehensiveness, in application of the principle
that the original precept in all things is permissibility. Likewise,
these frameworks and regulations are limited by established
undisputed fundamentals in Shari‟ah, and are limited to preventing
violation of the rules of Shari‟ah or contradiction of public interest,
or in cases of necessity. In such cases, these frameworks become
mere exceptional circumstantial restrictions. Thus, freedom of
opinion in Islam is only restricted by what are known as rules of
public order and discipline in the modern legal understanding.
***
Article (103)
Freedom of Expression
1. The child shall have the right to freedom of expression
that does not contradict Islamic teachings and manners.
2. This right shall include the freedom to seek all types of
information and virtuous ideas that do not contradict the
principles of morality, religion, and patriotism. It also
includes the freedom to receive and impart such
information and ideas through speech, writing, forms of
art, or any other media that suits the circumstances and
mental abilities of the child.
3. The child who is capable of forming his own opinions
shall have the right to freely express those opinions in all
issues relevant to him. The opinions of the child shall be
given due weight in accordance with the age, maturity,
and actual interests of the child.
4. This freedom shall only be limited by due respect for the
rights or reputation of others, protection of national
security, public order, public health, or public decency.

This Article stipulates the child‟s right to the freedom to
form his views, express them, seek information and ideas, and
receive them (refer to the commentary on the previous Article
regarding freedom of belief and thought). The Article states that
freedom of expression is affirmed in that which does not contradict
the teachings and morals of Islam.
The Article qualifies the thoughts that are protected as being
upright and not in contradiction with the principles of morality,
religion, and patriotism. The Article also adds to the phrase, “the
opinions of the child should be given due consideration in
accordance with the age, maturity, and actual interests of the child.”
that such consideration must be in accordance with, “the actual
interests of the child”. These interests, needless to say,

should be gauged by the parents, or by those responsible for the
child‟s care, for they are more competent than the child in
determining his interests.
Convention on the Rights of the Child.
***
Section Three
Rights of Personal Status
This Section discusses some of the child‟s personal status

rights that include: lineage, nursing, guardianship, and financial
support. These rights are covered in four articles.
Article (104)
Lineage
1. The child shall have the right to have his parentage
attributed to his Shari‟ah recognized parents.
2. Accordingly, all actions that cause doubt in attributing
the child to his parents shall be prohibited (such as
womb renting, etc.).
3. The provisions of Islamic Shari‟ah shall be followed to
establish lineage.

This Article places importance on the subject of the
parentage of the child. Islamic Shari‟ah has given special attention
to this issue.
َ‫فَإ ْخ َو نُ ُُ ْ ي‬ َِ‫ْن َُ ِع َك ن‬
َ‫ِ فَإن نََلْ َتد ْعنْلَ ُمو َ ُف ْ ي‬ ِ
َ ‫وف َْ ي آل َ ِ ِه َْ ي ُف ََو أَن‬
ُ ‫ ْد ُع‬
‫ولَ ُِ نَآ‬ َِ َِ ‫آح فِ مآ أَ ْخ َأْ َُُت‬
َ ٌَ َ‫س َعنْلَ ُُْ َْ ي ُج‬
ِ
ََ ْ َ‫وَ َو ل ُُ َْ ي ول‬ ِ َِ
َ َِ ‫ب ل ّكي‬
)3 8‫ (األحزاب‬‫ور نر ِس ًَمآ‬ ًَ ‫ُِ َ ُف‬َ‫َتد َع نم َك َْ ندُنْلُوَُ ُُ َْ ي وََّآ َن ن‬
Call them (adopted sons) by (the names of) their
fathers; that is more just with Allah. But if you
know not their fathers‟ (names, call them) your
brothers in faith and your freed slaves, and there is
no sin on you concerning that in which you made a
mistake, except in regard to what your hearts
deliberately intend. And Allah is Ever-Oft
Forgiving, Most Merciful.  (11: 5)
Islamic Shari‟ah has forbidden adultery and has

imposed a waiting period on divorced women and widows, during
which it is not permissible for them to re-marry until it has expired
so that there is no confusion in lineage. Scholars of the
fundamentals of Shari‟ah considered the protection of lineage to be
one of the objectives of Shari‟ah.
It was narrated by Sa‟d ibn Abi Waqqaas that the Messenger
of Allah (may the blessings and peace of Allah be upon him) said,
“Whoever knowingly claims a father other than his own;
Paradise will be forbidden to him.” 1
This has been previously explained in Article (18) of Section
Five of Chapter I.
***
Article (105)
Breastfeeding
The infant shall have the right to be nursed by his
mother unless doing so conflicts with the interests of the child
or the health of the mother.

This Article stipulates the right of the infant to be breastfed
by his mother except in two cases; when it conflicts with the
interests of the child or the health of the mother as determined by
experts. This principle has been stated in the Noble Qur‟an:
َ ْ‫ا لِ َم َْ أ ََر َد أَن يُتِ ن يَ ل ن‬
َ‫ْآ َعي‬ َِ ْ َ‫ا ََّ ِآَنْل‬ ِ ْ‫و لْو لِ َك َُ يد‬
َِ ْ َ‫ْ ْع ََ أ َْوال َد ُف نَ َس ْول‬ ُْ َ
)111 8‫(انبمزة‬
The mothers shall give suck to their children for
two whole years, (that is) for those (parents) who
desire to complete the term of suckling… (2:233).
Likewise, Shari‟ah permits the nursing mother not to fast
1
(the obligatory month of fasting) taking the interests of the infant

into consideration, but she must make up for the missed days at a
later time. No counterpart to this Article exists in the Convention
on the Rights of the Child despite the fact that modern
physiological and psychological research indicates the importance
of natural breastfeeding.
***
Article (106)
Custody
1. The child shall have the right to have someone to take
charge of his custody, to care for and raise him, and to
provide for his physical and psychological needs. The
mother has the greatest right to custody of the child
2. The system of custody of children includes orphans,
foundlings, children with special needs, refuges, those
who are deprived either temporarily or permanently of
their family environment, and those who are forcibly
expelled, etc.
3. Islamic Shari‟ah does not permit the system of adoption;
however, it guarantees rights of social care, in all of its
forms, for children.
necessary support and services to assist women who have
custody of children to fulfill their responsibilities.
5. The two parents are the primary custodians, and the
child shall not be separated from one or both of them,
except when there is a preponderant necessity to do so.
Necessity shall be evaluated according to its magnitude.
6. Through mutual consultation, both parents are
responsible for caring for the child, his interests, and
living conditions. If necessary, they may resort to the
competent organizations that provide social care or to
the judiciary in order to achieve such care and

accomplish such interests.
7. The interests of the child shall be evaluated by legal,
social, and medical specialists according to his individual
circumstances.

*Clause (7):
This Clause stipulates the child‟s right to have a guardian
according to the rulings of Shari‟ah.
*Clause (2):
This Clause explains that the system encompasses several
groups such as orphans and others who are enumerated in this
paragraph, and that a foundling is a live person who according to
Islam enjoys the complete rights of any human being, and he bears
no sin for that which his parents committed, even if he was born out
of wedlock. „Umar ibn Al-Khattaab used to set aside a share of one
hundred dirhams from the public treasury for foundlings. Also, he
would designate a stipend for the foundling‟s guardian and all costs
for the foundling‟s suckling and living expenses were paid from the
public treasury. When the child grew older, he would receive a
share equal to that of other children.
The other categories of mentioned in this Article may be in
even greater need of a guardian than orphans and foundlings.
*Clause (3):
This Clause clarifies that sponsorship and social care of
orphans, foundlings, categories of children mentioned in Clause
(2), and other children, represents the Islamic system that spares us
the need for adoption, which is not approved of by Islamic
Shari‟ah, which places importance on purity of lineage, and
protecting the lineage from confusion, and forbids attributing a
child to someone other than his true father.1
1
See the verses of the Qur‟an and hadiths that are mentioned in the commentary on
Article (18) and (104).
In Islam, the sponsorship and social care of these and other

categories of children is based on many texts of Shari‟ah that
consider this sponsorship and care to be an established right for
them. These texts include the following:
َُّ ُ َ ‫ وال‬ ‫كَ لن ِيي يَ ُك ُّعَ لَتِ ََ ي‬
‫ض َعنْلَى‬ َ ِ‫ فَ َيل‬ َِ ‫بَ ِ ل ِّكي‬ ِ ِ ََ ‫أَرأَي‬
ُ ‫ت لنيي يُ َُ ّي‬ َْ
)1 - 2 8ٌ‫ (انًاعى‬ ‫ا‬ َِ ُِ ‫ن‬ِ‫آم مل‬
ْ َِ ‫َط َع‬
Have you seen him who denies the Recompense?
* That is he who repulses the orphan (harshly) *
And urges not on the feeding of the poor. (107: 1-
3)
َِ ِِ ‫ن‬
)16 8‫ (انزوو‬َ ََ ُِ ‫ن‬
‫ا َو َْ ََ ل ن‬ ِ ََْْ ‫ َفآ َِ َذ ل ُق‬
ْ ‫ ى َس نق َُ َو لْم‬
So give to the kindred his due, and to the poor, and
to the wayfarer… (01: 38)
َ‫و ْلَآ َِر ِذي ل ُق َْْ ى‬ َ‫آَِّ ِا‬

َ‫ن‬ ََْْ ‫آَ وَِ ِيي ل ُق‬
َ ‫ ى و لَْدَت َآَى و ل َْم‬ ًَ ‫ن‬ ِ
ْ َِ ْ‫و ِ ل َْو ل َكي‬
َ ‫إس‬
ِ‫ص‬
 ‫ت أ َُْيَآنُُُ َْ ي‬
َْ َُ َ‫ََنْل‬ َ ََِ ِِ ‫ن‬
‫وَآ‬ ‫آس َِ ِ ْلَْ َِ و َْ َِ ل ن‬ ‫و ْلَآ َِر لُُ َِ و ل ن‬
)14 8:‫(انُسا‬
…and do good to parents, kinsfolk, orphans, the
poor, the neighbor who is near of kin, the neighbor
who is a stranger, the companion by your side, the
wayfarer, and those (slaves) whom your right hands
possess … (4: 36)
It was related on the authority of Sahl ibn Sa‟d (may Allah
be pleased with him) that the Messenger of Allah (may the
blessings and peace of Allah be upon him) said, “I will be with the
one who sponsors an orphan as such” and he put his index finger
and middle finger together with a very small space between them.”1
It was related on the authority of Abu Dardaa‟ (may Allah be
pleased with him) that the Messenger of Allah (may the blessings
and peace of Allah be upon him) said, “Bring forth to me the
disadvantaged from among you, for verily you are not given
provision and victory except for the sake of the disadvantaged
from among you.” 2 The Prophet (may the blessings and peace of
1
2
Hasan hadith, reported by Abu Dawood, At-Tirmidhi, and An-Nasaa‟i.
Allah be upon him) said, “Bring forth to me the

disadvantaged” in order that he provide for their needs. Also, it
was related on the authority of Jareer ibn „Abdullah (may Allah be
and peace of Allah be upon him) said, “He who does not treat
others mercifully, will not be treated mercifully by Allah the
Exalted in Might and Glory.” 1 Likewise, it was related on the
authority of Ibn „Abbaas (may Allah be pleased with them both)
that the Messenger of Allah said, “He is not one of us who is not
merciful with our young, and respectful to our elders.” 2
This Article clarifies the role of parents with regard to
custody of the child, and states that the child shall not be separated
from them, or from one of them, except in cases of prevailing
necessity, and this necessity should be evaluated according to its
magnitude. It also emphasizes the role of institutions of the
society, including the state, in this regard, and we have previously
mentioned the evidence indicating the role of these institutions. 3
The right of the parents to custody of the child is a natural
inherent right due to the mercy, compassion, and leniency created
in the parents towards their newborn. As such, they are the most
entitled to custody of the child by virtue of his being part of them
both. It is also the right of the child to grow up under the protection
of his parents. Psychological and social studies have proven that
depriving a child from the care of his parents – for any reason
whatsoever- hinders the progress of many of his vital functions as
well as his psychological and mental abilities. It also causes
diseases, nervous and psychological disorders, and deficiencies in
the normal development of one or more aspects of his personality.
Consultation between the parents in assuming the responsibility of
caring for the child is based on the words of Allah the Exalted:
 ‫آحَ َعنْلَ ْ ِه َمآ‬
َ َ‫آوٍَر فَل ُج‬
ُ‫ش‬ َ َ‫ضَ َِّ ْد ُه َمآ وت‬
ٍ َْ ‫َتد‬ ‫صآال َع‬ ِ
َ ‫فَإ َْن أ ََر َد ف‬
(111 8‫( انبمزة‬
If they both decide on weaning, by mutual consent,
1
2
Hasan hadith, reported by Ahmad and At-Tirmidhi.
3
See commentary on Clause (2) of Article (109).
and after due consultation, there is no sin on

them… (2: 233).
The fact that weaning is subject to consultation indicates that
consultation and mutual consent are required to an even greater
extent with regard to the care, discipline, and livelihood of the
child.
It was related on the authority of „Abdullah ibn „Umar (may
Allah be pleased with them both) that the Messenger of Allah (may
the blessings and peace of Allah be upon him) said:
Each of you is a guardian and responsible for that
with which you have been entrusted. The ruler is the
guardian of his subjects and is responsible for them.
A man is the guardian of his family and is responsible
for them. A woman is the guardian of her husband‟s
house and is responsible for it. A servant is the
guardian of his master‟s belongings and is responsible
for them.1
The support that is provided by institutions of the society,
including the state, is based on the words of Allah the Exalted:
)4 8‫ (األحزاب‬‫ا َِ َْ أَنفُ ِن ِه َْ ي‬
ََ َِِ‫ْم ْد‬
ُ ‫َل ِ ل‬ َُّ ِ ‫ ل‬
ََ‫نِب أ َْو‬
The Prophet is closer to the believers than their
own selves… (11: 6)
In application of this noble verse, and in his capacity as the
ruler of the Muslims and the responsible party in charge of their
affairs, the Messenger (may the blessings and peace of Allah be
upon him) said:
There is no Believer, except that I am closer to
him in this life and in the Hereafter. Read if you will,
“The Prophet is closer to the believers than their own
selves…” So any believer who dies and leaves
property, his heirs, whomever they be, should inherit
it. And whoever dies and leaves a debt or loss, should
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, Abu Dawood, and At-
Tirmidhi.
come to me for I am his patron.” 1

The basis in Shari‟ah for seeking assistance from experts is
found in the Words of Allah the Exalted:
)5 8:‫ (األَبيا‬‫َ ل ِّي َّْ َِْ إن َُّ ُت َْ ي ال تَد ْع َنْل ُمو َن‬
ََ ‫آسأَلُو أَ ْف‬
ْ ‫ َف‬
…So ask the people of knowledge if you do not
know (12: 7)
Scholars of Qur‟anic Exegesis have all agreed that “people
of knowledge” refers to people who have expertise and knowledge
in all fields and specialties as is confirmed by the Words of Allah
the Exalted:
ٍَ ِِ ‫ك َِثْ ََُ َخ‬
)22 8‫ (فاطز‬‫ري‬ ََ ‫ََوال يُدَدِّ ُِئ‬
…And none can inform you, (O Muhammad) like
(one) Acquainted (with all matters). (13: 14)
This Article corresponds with Articles (9) – (11), and
(20) – (23) of the Convention on the Rights of the Child that
went into extensive detail beyond the scope of this Charter.
Article (107)
Financial Support
1. The child shall have the right to a standard of living that
befits his physical, mental, religious, and social growth.
2. In the case that the child possesses no property or
finances, the obligation to provide financial support shall
be borne by his father, unless he is unable, in which case
it shall be borne by other relatives who are financially
capable, in accordance with the provisions of Islamic
Shari‟ah.
3. This right shall extend, in the case of a boy, until he
becomes able to earn a living and has the opportunity to
work. In the case of a girl, it shall extend until she gets
1
Saheeh hadith, reported by Al-Bukhari and Muslim on the authority of Abu
Hurayrah).
married or earns enough to support herself.

4. All societal institutions, including the state, shall assist
parents and others who are responsible for the child to
secure the living conditions required for his
development.

This Article regulates issues relating to financial support of
the child.
* Clause (1):
This Clause sets the dimensions of the standard of living
suitable for the child‟s physical, mental, religious and social
growth. We selected the expression “religious” because it is more
precise that the expression, “spiritual, moral” and because it
includes the ethical aspect as well.
*Clause (2):
This Clause determines those persons who bear primary
responsibility for financial support of the child. The conditions for
such financial support are determined by the provisions of Islamic
Shari‟ah.
َِ ُْ ‫ن َوتُد ُه نَ ِ ل َْم ْع‬
.)111 8‫ (انبمزة‬‫وف‬ ِ َِ ُ‫و َع َنْلى ملَْول‬
ْ َّ‫ود َل َُ ِر ْزنُد ُه نَ و‬
…The father of the child shall bear the cost of the
mother‟s food and clothing on a reasonable
basis… (2: 233)
‫وإن‬ ٍ ْ‫ِِبَ ْع‬

َ‫وف‬ ‫ََد ْدَ ُُ ي‬ ‫ورُف نَ وأْ َُتِ َُْو‬
ُ َ ‫ُج‬
ُ ‫وف نَ أ‬
ُ ُ‫ْ ْع ََ َل ُُ َْ ي َفآت‬
َ ‫ َفإ َْن أ َْر‬
َِ َ‫َعنْل‬ ‫وَ نُ ِك ََر‬ َِِ‫سعت‬ َِّ ٍ‫ لِ ُ ِف َْا ذُو َس َعَي‬ ‫ْ َُع لَ َُ أُ ْخ َْى‬
ِ ْ‫َتد َعآسَُُْْت فَنتُد‬
ْ َ ََ ْ َ َْ
)5 ، 4 8‫ (انطالق‬ُِ َ‫ِر ْزنَُُ َفدنْلْ ُ ِف َْا ِّمآ ََت َهُ ن‬
‫ن‬
…Then if they give suck to the children for you,
give them their due payment, and let each of you
accept the advice of the other in a just way. But if
you make difficulties for one another, then some
other woman may give suck for him (the father of
the child) * Let the rich man spend according to

his means; and the man whose resources are
restricted, let him spend according to what Allah has
given… (65: 6-7)
It was related on the authority of „A‟ishah (may Allah be
pleased with her) that Hind bint „Utbah (may Allah be pleased with
her) said, “O Messenger of Allah, Abu Sufyaan is a stingy man,
and does not give me what is sufficient for me and my child, other
than what I take from him without his knowledge.” He answered,
“Take what is reasonably sufficient.” 1
Islamic Jurists agree that if the child has property, then his
expenses should be paid from it. If his property is not sufficient,
then it becomes obligatory on the person responsible for the child‟s
financial support to augment it to a sufficient level.
The obligation to financially support the child falls on
relatives who are financially able, in order of the closeness of the
relationship, based on the words of Allah the Exalted:
ََْْ ُ‫ن ًآََ وَِ ِيي لق‬
 ‫ ى‬ َ ‫إس‬
ِ ِ
ْ َِ ْ‫ش َُِّْو ََِ َ ْدًئآ و ِ ل َْو ل َكي‬
ْ ُ‫ِ وال ت‬ََ‫و ْع ُِ ُكو ن‬
.)14 8:‫(انُسا‬
Worship Allah and join none with Him (in
worship); and do good to parents, kinsfolk… (4:36)
ََْْ ُ‫و َِ ذَ لق‬

.)14 8:‫ (اإلرسزا‬َُ ‫ ى َس نق‬
And give to the kinsman his due… (17: 26)
It was reported by Jaabir ibn „Abdullah (may Allah be
pleased with him) said:
Allah be upon him) said, “Start by giving charity to
yourself, and if anything remains, let it be for your
family, and if anything remains after your family, let it
be for your relatives, and if anything remains after your
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, An-Nasaa‟i, Abu Dawood,
and Ibn Maajah.
relatives, then thus, and thus…” 1

Also, it was narrated from Taariq Al-Muhaaribi (may Allah
be pleased with him) that he said:
When I arrived in Medina the Messenger of Allah (may the
blessings and peace of Allah be upon him) was standing on
the pulpit delivering a speech to the people, saying, “The
upper hand is that of the giver. Start with those for
whom you are responsible; your mother, father, sister,
brother, then according to who is closest.” 2
The reference for the details of these provisions is found in
book of Islamic Jurisprudence.
*Clause (3):
This Clause determines the time span after which this right
terminates. In the case of males, it is until they become able to earn
a living and are given an opportunity to work, hence securing
financial support for them during their period of study and
professional training as well as during the period of seeking a job.
As for females, it extends until they are married, as their husbands
then assume the responsibility for their financial support, or until
they are educated and become self sufficient by way of their own
earnings.
*Clause (4):
This Clause stipulates the responsibility of societal
institutions in this regard, including the state. In this context we
cite the hadith that was related on the authority of Abu Hurayrah
(may Allah be pleased with him) that the Messenger of Allah (may
the blessings and peace of Allah be upon him) would ask, “Has he
left excess money for his debts?” when a deceased indebted man
was brought to him. If he was informed that the deceased had left
enough to fulfill his debts, he would pray over him, otherwise he
1
2
Saheeh hadith, reported by An-Nasaa‟i, Ad-Daaraqutni, and Ibn Hibbaan who
authenticated it.
would say to the Muslims, “Pray over your companion.”

Later when Allah the Exalted granted him victory in his conquests,
he said, “I am closer to the believers than themselves, so
whoever dies among the believers leaving a debt, I am liabl e for
its fulfillment, and whoever leaves property, then that is for his
heirs.” 1
***
1
Saheeh hadith, reported by Al-Bukhari, Muslim, Ahmad, Abu Dawood, An-Nasaa‟i,
At-Tirmidhi, and Ibn Maajah.
Section Four
Competence and Criminal Liability
This Section addresses the competence of the child and the

extent of his criminal liability. It clarifies that limited competence
is established for the embryo, and competence of entitlement and
competence to dispose is established for the child. Then the
degrees of criminal liability are discussed and the special treatment
that is given to children. These issues are covered in four articles.
Article (108)
Limited Competence of the Embryo/Fetus
The embryo shall enjoy a limited competence of
entitlement to the financial rights that are established by
Islamic Shari‟ah. As such, it shall retain its share of
inheritance, bequests, endowments, and gifts from the parents,
relatives, or others, pending its live birth.

This Article is related to clarification of the embryo‟s limited
competence of entitlement and the resulting consequences of such.
It is a limited competence that is conditional upon the child‟s live
birth.
We have previously clarified the meaning of competence
and its types in the discussion of the woman‟s competence 1 such
that there is no need to repeat it in this context.
There is no indication of any counterpart to this Article in
the Convention on the Rights of the Child.
***
1
See the comments on Article (58), Section Three, Chapter III.
Article (109)
Children‟s Competence of Entitlement
1. From the time of its live birth, the child shall enjoy
complete competence of entitlement, giving him his
rights to inheritance, bequests, endowments, gifts, etc.
2. The child‟s right to benefit from social security, as well
as social insurance, aid, etc., shall commence at from the
time of his birth.

*Clause (1):
This Clause discusses the complete competence of
entitlement and the financial rights which result thereby. We have
previously mentioned1 that the complete competence of entitlement
is established for the human as soon as his human existence is
completed by his separation alive from his mother. The live birth of
the child is established when he makes an initial sign after his birth
by raising his voice, crying, or screaming. This is based on the
narration of Abu Hurayrah, (may Allah be pleased with him) that
the Prophet (may the blessings and peace of Allah be upon him)
said, “If the newborn makes an initial sign, he inherits.” 2 In
another narration it is mentioned, “A boy does not inherit unless
he makes an initial sign by screaming.” 3 Ibn Maajah said, “His
initial sign is made when he cries, yells or sneezes.” The
newborn‟s movement after his birth is also considered an initial
sign as it indicates life after his separation from his mother, even if
he dies shortly thereafter.
*Clause (2):
Social Security is a form of mutual support and cooperation
between the members of the society, whether they be individuals or
groups; rulers or subjects; whether in times of ease or hardship. As
1
See Article (57), Section Three, Chapter III.
2
3
Saheeh hadith, reported by Ibn Maajah.
such, the individual lives within the security of the group. The
group endeavors to achieve the interests of the individuals and
protect them from harm. It also preserves the existence of
individuals and their innovations. The group exists through the
support of its individuals who recognize the necessity of its
existence and its benefit. They preserve its esteem and control. All
cooperate to improve the society and defend its social structure
from harm and dangers.
Social security for the child refers to: meeting his basic
needs, particularly for the poor, the needy, and the disadvantaged.
Such security is a duty equally shared between individuals and
institutions of the society, including the state.
Social security in this sense is considered one of the
fundamentals of the Islamic Shari‟ah, stemming from the tenets of
its faith, as proven by tens of Qur‟anic verses and Prophetic
hadiths, in addition to numerous practical incidents among which
are the following:
َِ ُْ ‫ض ََْي َُ ُْونَ ِ ل َْم ْع‬
َ‫وف ويَد ْد َه ْون‬ ٍَ ‫ض ُه َْ ي أ َْولَِآ َُ ََد ْع‬
ُ ‫ْم ْدََِآ َُ ََد ْع‬ ِ ‫و ل‬
ُ ‫ْم ْدَ ُو َن و ل‬ُ
ِ
ََ ‫ورسُولَ َُ أ ُْولَئ‬
‫ك‬ ِ ‫ن‬
ََ‫َع َِ ملُ َُ َِْ ويُق ُمو َن لصنل َ ويدُْدتُو َن لزََّآ َ ويُ عُو َن ن‬ِ
َ ِ
ِ ‫يز س‬
)52 8‫ (انتىبت‬ ‫ُ ٌَ ي‬ َ ٌَ ‫ِ َع ِز‬ ََ‫ُِ إ نَن ن‬
َ‫َسَد ْْ َْتُ ُه َُ ي ن‬
…The believers, men and women, are helpers and
friends of one another; they enjoin what is good and
forbid all that Islam has prohibited; they perform
the prayers and give the obligatory alms, and obey
Allah and His Messenger. Allah will have His
Mercy on them. Surely, Allah is All-Mighty, All-
Wise. (7: 71)
‫ن‬َِ ‫آونُو َعنْلَى إل َُِْث و ل ُْع ْك َو‬ َِّ ِ ‫آونُو َعنْلَى‬

َ ‫لا و لنتد ْق َوى وال َتد َع‬ َ ‫وَتد َع‬
.)1 8‫(انًائدة‬
…Help you one another in righteousness and
piety; but do not help one another in sin and
transgression… (5: 2)
َِ ُْ َْ ‫نآِِ ََِ و ل َْم‬

- 12 8‫ (انًعارج‬ ‫وم‬ ‫لِنْل ن‬ 
ِِ ِ
ٌ ُ‫و لنيي ََ ِبَ أ ََْ َو هل َْ ي َس ٌّا نَ ْعنْل‬
َ‫وم‬
.)13
And those in whose property there is a recognized

right * For the beggar who asks, and for the
unlucky who has lost his property and property,
(and his means have been straitened). (70: 24-25)
In a hadith that was related on the authority of Abu Moosa
Al-Ash‟ari (may Allah be pleased with him), the Messenger of
Allah (may the blessings and peace of Allah be upon him) said,
“One believer to another is like one part of a construction to
another, each supporting the other” and he demonstrated by
interlacing his fingers.”1
An-Nu‟maan ibn Basheer related that the Prophet (may the
blessings and peace of Allah be upon him) said, “The simile of the
Believers in their love, mercy, and feelings is that of a body, if
one limb suffers it causes sleeplessness and fever in the rest of
the body.” 2
Allah be upon him) also said, “He is not a true believer whoever
sleeps with a full stomach while his neighbor is hungry.” 3
It was also related by Abu Moosa Al-Ash‟ari (may Allah be
and peace of Allah be upon him) said, “When the husbands of the
Ash‟ariyi people were killed, or when food for their children
was short in Medina, they would gather everything they had in
one garment then divide it between them in one container
equally; they are from me, and I am from them.” 4
Abu Sa‟eed Al-Khudri (may Allah be pleased with him)
reported that the Messenger of Allah (may the blessings and peace
of Allah be upon him), said “Whoever has an extra mount
(camel) should give it to he who has no mount (camel), and
whoever has excess food, should give it to he who has no food.”
The narrator of the hadith also said, “He mentioned various types
1
2
3
Saheeh hadith, reported by Al-Bukhari in Al-Adab Al-Mufrad and At-Tabarani.
4
of property to the extent that we believed that none of us had the

right to retain excess.”1
Abu Hurayrah (may Allah be pleased with him) reported
that the Messenger of Allah (may the blessings and peace of Allah
be upon him) said, “There is no Believer, except that I am closer
to him in this life and in the Hereafter. Read if you will: The
Prophet is closer to the believers than their own selves… So any
believer who dies and leaves property, his heirs, whoever they
are, should inherit it. And whoever dies and leaves a debt or
loss, should come to me for I am his patron.” 2 And in another
narration of the hadith, Jaabir ibn „Abdullah (may Allah be pleased
with him) related, “Whoever leaves a debt or loss, should come
to me, for it is due upon me.” 3
‟Umar ibn Al-Khattaab (May Allah be pleased with him)
said, “In retrospect, if I had the chance, I would have made a
different decision and would have taken the excess property from
the rich and divided it among the poor immigrants from Makkah.
It was related on the authority of „Ali (may Allah be pleased
with him) that he said, “Allah has imposed upon the rich, an
amount sufficient for their poor.”
It was related that „Umar ibn Al-Khattaab was once guarding
a caravan belonging to some merchants who were resting in
Medina at night, when he heard the weeping of an infant. So he
went towards it and said to the mother, “Fear Allah and treat your
son well.” He went back to his position and heard the weeping
again, so he went back to the mother and said, “Woe to you, I
believe you are a bad mother. Why do I see your son unsettled
tonight?” She answered, “O servant of Allah, you have annoyed
me tonight, I am forcing him to be weaned and he refuses.” „Umar
replied, “And why do you do so?” She said, “Because „Umar ibn
Al-Khattaab only gives an allowance for weaned children.” „Umar
asked, “And how old is he?” She said, “such and such”. He said,
1
2
3
“Woe to you, do not hurry him.” Later, when he performed

the dawn prayers, the people couldn‟t make out his reading because
of his excessive weeping. When he concluded his prayers, he said,
“How miserable is „Umar! How many of the Muslim children has
he killed?” Then he ordered a herald to announce, “Do not rush to
wean for your children, for we shall give an allowance for each
child born in Islam.” and he sent written instructions as such to all
states.
One of the aspects of social security in Islamic Shari‟ah is
the system of endowments (waqf)1. It is established historically
that among the charitable endowments that were founded by Salaah
Ad-Deen Al-Ayyoobi, was an endowment to provide mothers with
the milk necessary for their children. He turned one of the gates of
the citadel of Damascus into a downspout from which flowed milk
and another from which flowed a solution of water and sugar. The
mothers would come twice a week with their babies to take their
need of milk and sugar.
The famous traveler Ibn Betroth mentioned that he saw
charity endowments in Damascus, among which was an
endowment for broken pottery dishes where youngsters could learn
a trade, the intention behind which was to soothe the child and
protect him from punishment, while compensating the
manufacturer for what was broken.
There is no counterpart to this Article in the “Convention on
Children‟s Rights” except for what was mentioned in Article (26)
regarding social security, without regard to the other rights.
***
Article (110)
“Competence to Dispose” refers to the child‟s
competence to execute his rights and dispose of his property.
This competence is dependant upon the child‟s intellectual
1
Details regarding endowments will be presented in Section Seven of Chapter V.
ability to distinguish, such that he has the ability to

differentiate between what is beneficial and what is harmful.
The intellectual ability to distinguish develops according to the
stages of life, and is affected by age and other circumstantial
factors that may negate or limit the child‟s competence.

This Article deals with the child‟s competence to dispose
sufficing with general guidelines without entering into details. No
counterpart exists for this Article in the Convention on the Rights
of the Child.
Jurists of Islamic Shari‟ah derived the provisions of
competence to dispose and guardianship of property, from the
words of Allah the Exalted:
)3 8:‫ (انُسا‬‫آَآ‬ ِ َ ِ ‫لن َف َهآ ََ أ ََْ َو لَ ُُ َُ ي لن‬
ً َ‫ُِ لَ ُُ َْ ي ن‬
َ‫ِت َج َع َََ ن‬ ُّ ‫وال تدُ ْدتُو‬
And give not unto the foolish your property which
Allah has made a means of support for you… (4:5)
‫نتُ ي َِّ ْد ُه َْ ي ُر ْ ًك فَآ ْد َفد ُعو‬ ََ َُ ِّ‫َ إذَ ََدنْلَغُو ل‬

ْ َ‫آح فَإ ْن َُْ ن‬ َ‫و َْدَتدنْلُو لَدَت َآَى َس ن‬
ْ ‫إَل ْ ِه َْ ي أ‬
)4 8:‫ (انُسا‬‫ََ َو َهلَُْ ي‬
And try orphans (as regards their intelligence)
until they reach the age of marriage; if then you
find sound judgment in them, release their property
to them… (2: 6)
َ‫نَت ِ َُع أَن ُُيِ نََ ُف َو‬ َْ ‫ْ ِع ًفآ أ‬

ْ َ‫َو ال ي‬ َْ ‫فَإن ََّآ َن لن ِيي َع َنْل ْ َِ اَ َُّا َس ِف ًهآ أ‬
َ ‫َو‬
)161 8 ‫ ) انبمزة‬‫ل‬ َِ ‫َفدنْلْ ُ ْمنْلِ ََْ ولُِّ َُ ِ ل َْع ْك‬
…But if the debtor is of poor understanding, or
weak, or is unable to dictate for himself, then let his
guardian dictate in justice… (1: 282)
These verses mention three types of people:
1. The foolish: An individual who has reached the age of puberty
or adulthood, who exercises poor judgment and mental
abilities, and is incapable of giving and taking in a proper
manner, or an ignorant foolish person due to his obvious
extravagance and poor management of financial

affairs.
2. The weak: The youth who has not reached the age of puberty
and is not responsible to perform duties due to the incomplete
development of his intellect.
3. The one who cannot dictate: This is either due to a
congenital deficiency such as stammering and muteness, or
ignorance of the indications of expressions.
Sound judgment refers to fitness of the mind and judgment
in preserving and properly managing property.
”Trying the orphans” refers to testing them to assess their
fitness. The verse clearly indicates that Allah the Exalted, has
forbidden giving property to the foolish, and has ordered that the
property of orphans be given to them if they have reached the age
of puberty and have been found to be of sound judgment after
testing them. The order of dictation by the guardian in the place of
the foolish, young, or those who are unable to dictate, is based upon
the principle that full competence of execution or fitness to manage
rights and property is contingent upon the young child having
reaching the age of puberty while being of fit mental abilities and
sound judgment in financial dealings and that the young child who
has not reached puberty or that age, and is mentally deficient is
thus, incapable of managing his property in a manner so as to
preserve and develop it. Whoever is incapable of this management
shall have a guardian or administrator to directly undertake the
management of such dealings and dictation on his behalf.
Neither puberty nor the manifestation of wisdom in mental
abilities and management is established at a particular age; rather
they may take place earlier or later, depending on numerous
factors. Due to this fact, Islamic jurists differed in opinion, and
likewise, the developers of civil law in various countries also
differed in specifying said age, each depending on his own
particular view.
Discretion begins when the child reaches the age of seven,
and is completed at puberty. Islamic jurists based their
specification of such age upon the guidance from the words of the
Messenger (may the blessings and peace of Allah be upon him) in
what was related on the authority of „Umar ibn Shu‟ayb who
quoted his father, who quoted his grandfather as saying, “The
said, „Order your boys to pray if they reach the age of seven‟”1
This is based on the fact that the Allah in His attribute of
Legislator, addresses the directive of obligation to boys at said age.
Although the address is in the context of guidance rather than
obligation, it still indicates that a child at that age can understand
prayers and has sufficient ability to discern between what is good
and what is evil, and what is harmful and what is beneficial;
otherwise, the Legislator would not have addressed him.
***
Article (111)
The Degrees of Criminal Responsibility and Special Treatment
1. A child who has not reached the age of discretion as
determined by the law, is not to be held cri minally
responsible, and may be subjected to one of the measures
for care as established by the law.
2. The treatment of a child who has reached the age of
discretion and has not reached the age of puberty as
stipulated by the law, shall vary in degree; either
subjecting him to one of the measures of care, or one of
the measures of correction or mitigated punishment.
3. In all cases, the child shall have the following rights:
a. That his age, condition, circumstances and offence
be taken into consideration.
b. That he be treated in a manner that suits his sense
of dignity and self esteem, with full respect for his
human rights, basic freedoms, and legal
guarantees.
1
c. That his re-inclusion and constructive role

in society be encouraged.
d. That he be tried before a competent, independent,
fair, judicial authority that will decide on his case
in an expedient manner with the assistance of
social and legal experts in the presence of his
parents or those who are legally responsible for his
care, unless doing so interferes with the best
interest of the child.
e. That a higher judicial authority be established to
review the verdict against the child.

This Article stipulates the position of the child with regard to
the penal laws, as well as to the exemptions, and guarantees that he
enjoys.
Islamic Shari‟ah is the first law in the world to fully
differentiate between minors and adults in terms of criminal
liability. In spite of the passing of fourteen centuries, the principles
that it set, regarding the liability of minors, are still considered the
most modern of principles on which the liability of youngsters in
the current age is based.
Islamic Shari‟ah recognizes that only a person who is
mukallaf (meeting the requirements of age, maturity, and sanity);
whose mental development is assumed to be complete by way of
his having reached the age of puberty shall be held liable. Thus,
children who have not reached the age of puberty are exempted
from liability as Allah the Exalted, says:
َِ ََ ‫نَتأْ ِذنُو ََّ َمآ ْسَتأْذَنَ لن ِيي‬ ِ
ْ َْ‫وإ َذ ََدنْلَغَ ألَطْ َفآ َُل َ ُُ َُ ي اُنْلُ َ يَ فَدنْل‬
)37 8‫ (انُىر‬‫َند ْ ِنْلِ ِه َْ ي‬
And when the children among you reach puberty,
then let them (also) ask for permission (to come
before your presence), as those senior to them (in
age)… (12: 59)
This is also based on the words of the Messenger (may the
blessings and peace of Allah be upon him) who said, “The pen is
lifted from three; the sleeping until he awakens, the child until
he reaches puberty, and the insane until he becomes sane.” 1
Jurists and scholars of fundamentals of jurisprudence took
these texts as a basis in establishing a fundamental principle that
the prerequisite for liability is that the person should be sane and
understand the obligation. This is because the obligation is a
directive, and addressing a directive to someone who has no mind
or understanding, such as inanimate objects and animals, is
inconceivable. As for a discerning minor, even though he may
understand what an undiscerning minor may not, his understanding
is not complete, and thus, the prerequisite of obligation is absent.
If a minor approaches the age of puberty, even if he
understands, still there is a certain degree of uncertainty regarding
his mentality and understanding, as its gradual manifestation has no
clear indicator by which it can be determined. Therefore, the
Legislator made its indication the age of puberty, and has exempted
him from obligation before that for the sake of mitigation. 2
Punishment according to Islam is a social necessity and a
means to protect the community, preserve its order, and achieve its
security. Every necessity should be evaluated according to its
magnitude. Therefore, if the interests of the community require
severity of punishment, then the punishment is severe, and if such
interests require that the punishment be mitigated, then it is
mitigated.3
The guarantees mentioned in Clause (3) are in complete
agreement with the principles of justice and human dignity that are
established by numerous Islamic texts and are known to all, and
have been previously cited, leaving no need for repetition.
1
Saheeh hadith, reported by ِِِAhmad, Abu Dawood, An-Nasaa‟i, Ibn Maajah, Ibn
Hibbaan, and Al-Hakim.
2
Al-Amidi, Al-Ihkaam fee Usool Al-Ihkaam; vol. 1, p. 215. Also, Ash-Shaheed „Abd
Al-Qadir „Wada, At-Tashree‟ Al-Jinaa‟i fi Al-Islam; vol. 1, p. 388, Naadi Al-
Qudaah, 1984.
3
Ibid.
This Article corresponds with Article (40) of the

***
Section Five
Proper Upbringing and Education of the Child
This Section discusses the raising of the child, based on the

definition of virtuous and integrated upbringing and its
components. Then it goes on to state the importance of making the
child accustomed to virtuous social customs, explains the essence
of integrated and balanced upbringing for children, and in
conclusion, it clarifies the child‟s right to obtain beneficial
information. These points are covered in four articles.
Article 112
The Child‟s Virtuous and Integrated Upbringing
In accordance with the regulations of Shari‟ah the
child‟s rights include:
1. That his parents fulfill their joint responsibility to
provide the child with a righteous and balanced
upbringing in a proper manner and provide for his
mental and physical development. This right is
delegated to anyone in the position of the parents, with
regard to the child‟s care and protection of his interests,
and the child‟s best interest should be their primary
concern.
2. The priorities of basic upbringing include teaching the
child the fundamentals of faith, training him to worship
and obey Allah, and instilling Islamic manners and
virtuous conduct. The child should also be taught to
avoid forbidden things, foul and harmful behaviors and
habits, and bad company. At the same time, he should
be encouraged to perform activities such as beneficial
sports and reading. Also, the parents or those
responsible for the child‟s care should set a good
practical example of all such traits.
3. The child should gradually be allowed a margin of
freedom, according to his age development, in a

manner that increases his sense of responsibility in order
to prepare him to bear full responsibility when he
becomes of legal age.
4. It is necessary to protect the child, particularly during
adolescence, to avoid provoking his sexual instincts and
passionate reactions while providing sexual awareness.
In all cases, it is imperative to:
a. Use the optimal manner of expression that is
appropriate for each stage of the child‟s mental
and emotional growth.
b. Incorporate sexual information in an age
appropriate manner with corresponding sciences,
such as biology, health sciences, acts of worship,
personal status, and religious education.
c. Combine the presentation of sexual awareness
with the deepening of the Islamic behavioral
disciplines relevant to it, while providing
clarification from the sublime teachings of Islam,
as to what is permissible and what is forbidden,
and the dangers of defiant sexual behavior.
d. In all cases, effort must be exerted to protect
adolescents from practices that encourage
perversion or excite base instincts that contradict
religious teachings and societal values. This is to
be achieved by segregating boys and girls in
schools and sports clubs, and having female
athletic coaches for girls. Likewise, adolescents of
both genders should be prevented from
frequenting places of depravity and frivolous
amusement, and those who are responsible for
such places should be subjected to deterrent
punishments if this is violated.

This Article deals with the upbringing of the child. It is
divided into five clauses, each of which focuses on a certain aspect:

* Clause (1):
This Clause stipulates the general principle of the
responsibility of the parents, or whoever is in their position, for
raising the child.
This Clause corresponds with Article (18) of the Convention
on the Rights of the Child, which is limited to mentioning the
upbringing and development of the child, whereas Clause (1)
specifies that the upbringing must be righteous and balanced, and
that it must be of an excellent standard. It also specifies
development of both mental and physical aspects.
Concern for the child‟s upbringing stems from explicit texts
such as the words of Allah the Exalted:
َُ‫آر‬ ِ َ ‫ ََي أَيُّد َهآ َل ِيي َ َ ُو نُو أَن ُفن ُُ َ ي وأَ ْفنْلِ ُُ َ ي َََر ونُو ُد َفآ ل‬
َ َُ ‫نآس و ْا‬
ُ ً ْ ْ َ َ َ َ
)4 8‫(انتحزيى‬
O you who believe! Ward off yourselves and your
families against a Fire (Hell) whose fuel is men and
stones (66: 6)
.)12 8:‫ (اإلرسزا‬ ‫ري‬ ِ َ ِ ‫ْت َهمآ ََّمآ رَند‬ َِّ ‫ونَُ نر‬
ًَ ‫آّن َ غ‬َ َ َ َ ُ َْ ‫ب ْر‬
… And say: “My Lord! Bestow on them your
Mercy as they did bring me up when I was young.
(17: 24)
It was related on the authority of Ibn „Umar (may Allah be
pleased with him), that the Messenger of Allah (may the blessings
and peace of Allah be upon him) said,
Each of you is a guardian and responsible for that
with which you have been entrusted. The ruler is
the guardian of his subjects and is responsible for
them. A man is the guardian of his family and is
responsible for them. A woman is the guardian of
her husband‟s house and is responsible for it. A
servant is the guardian of his master‟s belongings
and is responsible for them.
Ibn „Umar added, “I thought he also said, „And the

man is responsible for the property of his father and will be
held accountable for it, and all of you are responsible and will
be held accountable for your responsibility.‟” 1 Also, it was
related on the authority of „A‟ishah (may Allah be pleased with
her), that the Prophet (may the blessings and peace of Allah be
upon him) said, “Any one who is assigned an affair of these girls
and treats them well, will be shielded for their sake from Hell
Fire.” 2 It was related in the narration of the hadith related by Ibn
„Abbaas (may Allah be pleased with him), “... and bears their
expense, gets them married, and teaches them good
manners...” 3 A third narration of the same hadith is worded, “...
teaches them good manners, treats them with mercy, and
supports them...” 4 All of these meanings are included by the
words, “treats them well.” Likewise, it was related on the
authority of Ayyoob Ibn Moosa, who quoted his father, who quoted
his grandfather (may Allah be pleased with him) as saying that the
him) said, “There is no gift that a parent can grant his child
better than good manners.” 5 It was related that the Messenger of
Allah (may the blessings and peace of Allah be upon him) said, “It
is the right of a son upon his father that he teach him the Book
of Allah the Exalted, swimming, and shooting.” 6 Also, it was
related from Abu Hurayrah that the Messenger of Allah (may the
blessings and peace of Allah be upon him) said, “It is the right of
a son upon his father that he give him a good name, teach him
the Book, and support his marriage when he is of age” 7 and
Anas ibn Maalik reported that the Messenger of Allah (may the
blessings and peace of Allah be upon him) said, “Treat your
1
Saheeh hadith, reported by Al-Bukhari, Muslim, Abu Dawood, and At-Tirmidhi.
2
3
Hasan hadith, reported by At-Tabarani.
4
Saheeh hadith, reported by Al-Bukhari in Al-Adab Al-Mufrad.
5
Mursal hadith, reported by Ahmad and At-Tirmidhi.
6
Hasan hadith, reported by Al-Hakeem At-Tirmidhi in Nawaadir Al-Usool, Abu-Al
Sheikh in Ath-Thawaab, and Al-Baihaqi in Shu‟ab Al-Iman.
7
Hasan hadith, reported by Abu-Na‟eem in Al-Hilyah, and Ad-Daylami in Al-Firdaws
bi Ma‟thoor Al-Khitaab.
1
children well and teach them good manners.”
All of these texts generally include the responsibility of the
parents, and whoever assumes their position, for choosing the type
of virtuous upbringing on the basis of which they raise their male
and female children, while taking into due consideration their
interests and futures in light of the moral values and provisions of
Shari‟ah.
* Clause (2):
This Clause stipulates the priorities of basic upbringing,
which are articles of faith, acts of worship, values, and setting a
righteous practical example.
The texts relevant to the subject matter of this clause are
numerous and varied. The Noble Qur‟an and the Noble Sunnah
contain sublime and comprehensive examples of approaches to
behavioral and ethical upbringing and discipline of children. The
most prominent example of such is the advise of Luqmaan to his
son as related by the words of Allah the Exalted:
َ‫ْ ي‬
ٌ ‫ش ْْ ََك لَمُنْل‬ ِّ ‫ِ إ نَن ل‬ َِ‫ش ِْكَْ ِ ن‬ْ ُ‫وف ََو يَِعمَُُ َََي َدُ َنَ ال ت‬ ِ
ُ َ َِْ‫وإذَْ نَآلََ لُ ْق َمآ َُن ال‬
َ ِ َُُ‫صآل‬ ِ ََ َِْ‫إلننآ َن َِ َو لِ َكي‬ ِ
‫ب‬ َ ‫ْتنْلَ ْت َُ أ ََُُُّ و ْفًآ َعنْلَى و ْف ٍَ وف‬ َ ‫وو ن ْدَآ‬َ َ  ‫َعم ٌَ ي‬
‫ش ِْ ََك‬ ْ ُ‫ وإن َج َآف َك ََك َع َنْلى أَن ت‬ ُ‫ري‬ َ‫ص‬ ِ َ‫إِل مل‬ َ‫ك َن‬ ََ ْ‫ِل ولِ َو لِ َكي‬ َ ِ َْْ ُُ ْ ‫َن‬ َِ ‫ا أ‬َِ ْ َ‫َع َآ‬
‫ب ُّلكنْدَآ ََ ْع ُْوفًآ و تن ِِ َْع‬ ِ ‫ْ ي فَ ل تُ ِ ْعهمآ و‬
َ ِ ‫آس ْ ِد ُه َمآ‬ ٌَ ‫ك َِ َِ َِعنْل‬ََ ‫س َل‬ ََ ْ َ‫ِب ََآ ل‬ َِ
َ َُ
َ‫ َََي َدُ َن‬ ‫إِل ََ ْْ ِج ُع ُُ َْ ي فَأُندَِّ ِئُ ُُ ي ِِبَآ َُّ تُ َْ ي َتد ْع َمنْلُو َن‬
َ‫إِل ُنُث َن‬ َ‫ب َن‬ ََ َََ ‫َس ِِ َََ ََ َْ أ‬
َْ ‫ن َم َو َِ أ‬
‫َو‬ ‫ب لن‬ َ ِ ‫َو‬َْ ‫ب َ ْخ ٍََْ أ‬ َ ِ ُُ ‫ك َِ ْثد َقآلََ َسن ِ ٍَي َِّ َْ َخ َْْد ٍَل َفدَت‬ َُ ‫إ دن َهآ إن َت‬
َْْ َُ ْ‫صل َ وأ‬ ‫ َََي َدُ َنَ أَنِ َِ ي ل ن‬ ‫ري‬ ٌَ ِِ ‫َّ َخ‬ٌَ ِ َ‫ِ ل‬ ََ‫ِ إ نَن ن‬ َُ‫ض ََْي َِ ِِبَآ ن‬ َِ ‫ب ألَ ْر‬ َِ
‫ك َِ َْ َع ْزَِم‬ ََ ِ‫ك إ نَن ذَل‬ ََ ََ‫ا َعنْلَى ََآ أَ َ آ‬ َْ ِ ْ ‫وف و نَْ َع َِ ملُ َُ َِْ و‬ َِ ُْ ‫ِ ل َْم ْع‬
‫ِ ال‬ ََ‫ض ََ َْ ًسآ إ نَن ن‬ َِ ‫ب ألَ ْر‬ َِ ‫ش‬ َِ َْ‫س وال ُت‬ َِ ‫ص ِّع َْْ َخ نك ََك لِنْلنآ‬ َ ُ‫ وال ت‬َ ‫ألُ َُوَِر‬
‫ك إ َنن‬ ََ ِ‫ض َِ َ ْوت‬ َْ ‫ض‬ ُ ْ‫ك و‬ ََ ِ‫ش‬ ْ ََ ‫ب‬ َ ِ ‫ْص َْك‬ ِ ‫ و ن‬‫آل فَ ُخوٍَر‬ ٍَ ‫ُِ َُّ َُّ نََ نيَُْت‬
.)27- 218ٌ‫ (نمًا‬‫ري‬ َِ ‫ص ْو َُ اَ ِم‬ َ َ‫أَن َُ ََْ ألَ ْ َو َِ ل‬
1
Weak hadith, reported by Ibn Maajah.
And (remember) when Luqmaan said to his son

when he was advising him: “O my son! Join not in
worship others with Allah. Verily, joining others in
worship with Allah is a great wrong indeed. * And
We have enjoined on man (to be dutiful and good)
to his parents. His mother bore him in weakness
and hardship upon weakness and hardship, and his
weaning is in two years – give thanks to Me and to
your parents. Unto Me is the final destination .*
But if they (both) strive with you to make you
associate in worship with me that of which you have
no knowledge, then obey them not; but behave with
them in the world kindly, and follow the path of him
who turns to Me in repentance and in obedience.
Then to Me will be your return, and I shall tell you
what you used to do. * O my son! If it be (anything)
equal to the weight of a grain of mustard seed, and
through it be in a rock, or in the heavens, or in the
earth, Allah will bring it forth. Verily, Allah is
Subtle (in bringing out that grain), Well-Aware (of
its place). * O my son! Perform the prayers, enjoin
(on people) what is good, and forbid them from all
that is bad, and bear with patience whatever befalls
you. Verily, these are some of the important
commandments (ordered by Allah with no
exemption). * And turn not your face away from
men with pride, nor walk in insolence through the
earth. Verily, Allah likes not any arrogant boaster.
* And be moderate (or show no insolence) in your
walking, and lower your voice. Verily, the harshest
of all voices is the braying of the ass. (31:13-19)
Also, Allah the Exalted says:
ََ ‫ك ندََ ِأ َُف ي ِ ْاَ َِّا إ دن ُه َْ ي فِ ْتدَ َيٌ ََ ُو َِ َِّْبِِ َْ ي وِز ْد ََ ُف َْ ي ُف ًكى‬
ََ ْ َ‫ص َعنْل‬
َُّ ُ‫ َ ِْن َُ ندَق‬
َِ ‫ن َم َو َِ و ألَ ْر‬
‫ض لَ ن ْكعُ ََو‬ ‫ب لن‬ َُّ ‫آَو َفد َقآلُو َرَدَُّآ َر‬ ِِ
ُ َ‫ورََ َْآ َعنْلَى ندُنْلُوِب َْ ي إ َذْ ن‬ َ
)22- 21 8 ‫ (انكه‬‫َِ ُدونَِِ إ َهلًآ لن َق َْك ندُنْلَْآ إذً َ َ ًآ‬
We narrate unto you (O Muhammad) their story
with truth: Truly, they were young men who

believed in their Lord (Allah) and We increased
them in guidance. * And We made their hearts firm
and strong when they stood up and said: “Our Lord
is the Lord of the heavens and the earth, never shall
we call upon any god other than Him; if we did, we
should indeed have uttered an enormity in
disbelief. (Al-Kahf: 13-14)
Another example was set by the Messenger (may the
blessings and peace of Allah be upon him) in his advice to
„Abdullah ibn „Abbaas (may Allah be pleased with him) who
related:
I was behind the Messenger of Allah (may the blessings and
peace of Allah be upon him) one day and he said, “Young
lad, learn these words from me. Be mindful of Allah,
and He shall be mindful of you. Be mindful of Allah, and
you shall find Him on your side. Should you ask, ask
only Allah, and should you seek assistance, seek
assistance only from Allah. Be informed that if all
people were to unite to benefit you somehow, they could
only benefit you with something that has been
predestined for you by Allah, and if they were to unite to
harm you somehow, they could only harm you with
something that has been predestined against you by
Allah. The pens have been raised, and the sheets have
dried.” 1
Similarly, it was related in another version of the hadith:
Be mindful of Allah, and He shall be mindful of you. Be
mindful of Allah, and you shall find Him before you.
Acquaint yourself with Him in times of ease, and He shall
be with you in times of hardship. Should you ask, ask
only Allah, and should you seek assistance, seek
assistance only from Allah. The script of the pen has
dried with what shall occur, and thus, if the entire
1
Hasan hadith, reported by Ahmad and At-Tirmidhi.
creation wished to benefit you with something that

Allah has not ordained for you, they would not be able to
do so, and were they to wish to harm you with something
that Allah has not ordained against you, they would not
be able to do so. Be informed that there is extensive good
in enduring what you might dislike with patience, and
that victory comes with patience, anguish brings relief,
and hardship brings ease.1
It was related on the authority of „Abd Al-Maalik ibn Ar-
Rabee‟ ibn Sabrah who quoted his father who quoted his
grandfather (may Allah be pleased with him) as saying that the
Messenger of the Allah (may the blessings and peace of Allah be
upon him) said, “Teach a boy to pray when he is seven, and beat
him for it (not praying) when he is ten years of age.” 2 At-
Tirmidhi commented that this is the opinion that was applied by
some scholars, and it is the opinion that was adopted by Ahmad and
Ishaaq who said, “If a boy leaves certain prayers after the age of
ten, they must be made up.”
It was also related on the authority of „Amr ibn Shu‟ayb
from his father from his grandfather (may Allah be pleased with
him) that the Messenger of Allah (may the blessings and peace of
Allah be upon him) said, “Order your sons to pray when they
are seven years of age, beat them for it (not praying) when he is
ten, and separate them in their beds.” 3
It was also related on the authority of Bakr ibn „Abdullah ibn
Rabee‟ Al-Ansaari that the Messenger of Allah said, “Teach your
children swimming and shooting. The best amusement for a
believing female is spinning (threads). If your parents call you,
respond to your mother (first).4
*Clause (3):
1
2
Hasan hadith, reported by Abu Dawood, Ad-Daarimi, and At-Tirmidhi.
3
Saheeh hadith, reported by Ahmad and Abu Dawood.
4
Hasan hadith, reported by Ibn Mandah in Ma‟rifat As-Sahabah, Ad-Daylami in Al-
Firdaws and he said it is a good narration, and Ibn „Asaakir. As-Sakhaawi said about
it, “Its chain of narration is weak but it is supported by other narrations.”
This Clause stipulates that consideration must be given to allow

the child a margin of liberty gradually, and that he should be
assigned responsibility according to his age development.
*Clauses (4) and (5):
This clause deal with the issues of sexual awareness and
protecting youth from deviant behaviors.
No counterparts exist for these two clauses in the Convention on
Islam considers the sexual relationship between a man and a
woman an instinctual innate matter and that it is an essential
physical need instilled by Allah in humans to perform one of the
most sublime social functions, which is preservation of the human
race and developing the earth by producing offspring. Islam also
considers that leaving this relationship in chaos without regulation
would take it beyond the limits of the purpose for which it was
created, and its essential function, thus, becoming a factor of
corruption and harm for individuals and for the entire community.
This is confirmed by the present day situation as well as by all
social studies. Thus, all the regulations that have been set forth by
Islam to regulate this relationship, aim solely to preserve its basic
function, and protect parentage from confusion and loss. Such
regulations also protect individuals and the community from the
imminent harm that is caused by sexual chaos if it is transformed
into a mere momentary pleasure, with no achieved aim or purpose.
The Noble Qur‟an and prophetic sayings refer to this relationship,
considering it to be a natural affair, the affairs of which must
necessarily be made absolutely clear, with emphasis on proper
expression and avoiding the dissolute debase forms of thought, in
addition to paying extreme attention to avoiding obscenity or
anything that may harm the modesty of a woman, injure her human
dignity, or excite base instincts particularly in adolescent boys and
girls.
***
Article (113)
Good Social Habits
From the very beginning, it is the child‟s right to be
trained to acquire good social habits, particularly those which
emphasize the importance of maintaining family and social
cohesion through love and mercy between family members and
relatives. These habits also involve maintaining ties of kinship,
treating parents well and obeying them in all affairs that are
good, revering them, supporting them financially and aiding
them in their old age or in poverty, in addition to meeting or
fulfilling all their Shari‟ah established rights. They should also
be taught to be respectful to elders and merciful with youth, to
wish the best for others, and to cooperate in those affairs that
are good and righteous.

This Article also deals with the social aspect of upbringing,
which implies that the child should be raised to learn that he has
duties just as he has rights. Such habits in their reality, represent
social duties that the individual must fulfill towards his family and
society. The attention to this aspect begins from within the family
wherein the child should be raised to fulfill his duties towards his
family then expanding to the obligations outside of his family.
the Rights of the Child, which like other human rights agreements,
only focuses on the aspect of rights, without giving attention to
duties, which are the other side of the coin. All rights due to each
person are opposed by duties towards others, the subject of which is
respecting these rights and fulfilling them towards others.
There are many Islamic texts pertinent to social duties, for
example the words of the Noble Qur‟an:
َ‫آَ إ نَآ يَد ْ ِدنْلُ َغ نَ ِع َك َك‬
ًَ ‫ن‬ َ ‫إس‬
ِ
ْ َِ ْ‫إ نَي َهُ و ِ ل َْو ل َكي‬
‫ك أَال َتد ْع ُِ ُكو إال‬َ َُّ‫ضى َر‬ َ َ‫ون‬
‫ُهآ ونَُ نهلَُمآ َند ْوال‬ َُ ْْ ‫ُف وال َتد ْد َه‬ٍَّ ‫َتدقَُ نهلَُمآ أ‬ َُ َِّ ‫َو‬
‫لُهآ فَل‬ َْ ‫ُهآ أ‬
َُ ‫َس ُك‬ ِ
َ ‫لَُ ِد ََْ أ‬
‫ْت ُه َمآ ََّ َمآ‬
َْ ‫ب ْر‬ َِّ ‫ْت َِي ونَُ نر‬ َْ ْ‫ُّلي َِّل َِ ََ ل ن‬ ََ َ‫ض َهلَُمآ َج‬
‫آح‬ َْ ‫ و ْخ ِف‬ ‫ََّ َُِْيًآ‬
)12- 11 8:‫ (اإلرسزا‬ ‫ري‬ ِ َ ِ ‫رَدن‬
ًَ ‫آّن َ غ‬ ََ
And your Lord has decreed that you worship none

but Him. And that you be dutiful to your parents. If
one of them or both of them attain old age in your
life, say not to them a word of disrespect, nor shout
at them, but address them in terms of honor.* And
lower unto them the wing of submission and
humility through mercy and say: “My Lord! Bestow
on them your Mercy as they did bring me up when I
was young.” (17: 23- 24)
َ‫آَ وَِ ِيي لقُ َْْ ى‬

ًَ ‫ن‬
َ ‫إس‬
ِ ِ
ْ َِ ْ‫ش َُِّْو ََِ َ ْدًئآ و ِ ل َْو ل َكي‬ ْ ُ‫ِ وال ت‬ ََ‫و ْع ُِ َُكو ن‬
َِ َْ‫صآس َِ ِ ْل‬ِ ‫ ى و ْلَآرَِ لُُ َِ و ل ن‬ ِ
ََْْ ‫ا و ْلَآ َرِ ذي ل ُق‬ ِ
َِ َّ‫نآ‬
َ ‫و لَْدَت َآَى و ل َْم‬
)14 8:‫ (انُسا‬ ..َ َِ ِِ ‫ن‬
‫و َْ َِ ل ن‬
Worship Allah and associate none with Him (in
worship); and do good to parents, kinsfolk, orphans,
the poor, the neighbor who is near of kin, the
neighbor who is a stranger, the companion by your
side, the wayfarer, and those (slaves) whom your
right hands possess. Verily, Allah does not like such
as are proud and boastful. (4: 36)
‫ْ يٌ فَل تُ ِ ْع ُه َمآ‬
َ ‫ك ََِِ ِعنْل‬َ َ‫س ل‬
ََ ْ َ‫ِب ََآ ل‬ َ ِ ‫ش ِْ ََك‬ْ ُ‫وإن َج َآف َك ََك َعنْلَى أَن ت‬
)23 8ٌ‫ ( نمًا‬‫إِل‬ ََ َََ ‫ب ُّلكندَْآ ََ ْع ُْوفًآ و تن ِِ َْع َس ِِ َََ ََ َْ أ‬
َ‫ب َن‬ ِ ‫و‬
َ ِ ‫آس ْ ِد ُه َمآ‬ َ
But if they (both) strive with you to make you
associate in worship with me that of which you have
no knowledge, then obey them not; but behave with
them in the world kindly, and follow the path of him
who turns to Me in repentance and in obedience.
Then to Me will be your return, and I shall tell you
what you used to do. (31: 15)
ٍَ‫ِ َِ ُُ ََِّ َ ْي‬

ََ‫ِِ إ نَن ن‬ ِ ‫ب ََِّت‬
َ‫آبَ ن‬ ٍ ‫ض ُه َْ ي أ َْوََلَ ََِ ِد ْع‬
َ ِ َ‫ض‬ ُ ‫وأ ُْولُو ألَ ْر َسآِمَ ََد ْع‬
)53 8‫ (األَفال‬‫َعنْلِ ٌَ ي‬
…But kindred by blood are nearer to one another
in the decree ordained by Allah. Verily, Allah is the
All-Knower of everything. (8: 75)
Likewise, from the Prophetic Traditions, it was

related on the authority of „Abd Ar-Rahmaan ibn Abi Bakrah from
his father (may Allah be pleased with him) that the Messenger of
Allah (may the blessings and peace of Allah be upon him) said,
“Shall I inform you of the gravest of grave sins?” They said,
“Yes, O Messenger of Allah” so he answered, “Worshipping
others with Allah and impiety towards parents.” He was
leaning, then he sat up and said, “And indeed false words and
false testimonies, and indeed false words and false
testimonies”. He kept on repeating these words until I said, “He
will not stop.”1 .
It was also related on the authority of „Abdullah ibn
Mas‟ood (may Allah be pleased with him) that he said:
I asked, “O Prophet of Allah, which deeds which will bring
me closest to Paradise?” He responded, “Performing the
prayers at their due times.” I asked, “And what else O
Prophet of Allah” so he answered, “Piety towards
parents.” I asked, “And what else O Prophet of Allah?” So
he said, “Jihad for the sake of Allah.” 2
be pleased with him) that he said:
A man came to the Messenger of Allah (may the blessings
and peace of Allah be upon him) and asked, “O Messenger
of Allah, who among people is most worth of my good
companionship?” He answered, “Your mother.” He asked,
“Then who?” He answered, “Your mother.” Again he
asked, “Then who?” He answered, “Your mother.” He
asked, “Then who?” He answered, “Your father.” 3
It was related on the authority of Abu Usayd Maalik ibn
Rabi‟ah As-Sa‟eedi that he said:
While we were with the Messenger of Allah (may the
1
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, and At-Tirmidhi.
2
and Ad-Daarimi.
3
Saheeh hadith, reported by Ahmad, Al-Bukhari, Muslim, and Ibn Maajah.
blessings and peace of Allah be upon him) a man from Bani

Salamah came to him and said, “O Messenger of Allah, does
anything remain due upon me with regards to my filial piety
towards my parents after their death? He answered, “Yes,
praying (the funeral prayer) for them, pleading mercy
and forgiveness for them, fulfilling their promises after
them, and maintaining kindred ties that would not be
maintained by other than them and being generous to
their friends.” 1
It was related on the authority of „Abdullah ibn „Umar (may
Allah be pleased with him) that the Prophet, (may the blessings and
peace of Allah be upon him) said, “The most righteous of deeds is
that a man maintain good relations that were maintained by his
father.” 2
It was related on the authority of „Amr ibn Shu‟ayb from his
father that his grandfather (may Allah be pleased with him) said,
“A man approached the Prophet (may the blessings and peace of
Allah be upon him) and said, „My father has seized my property.‟
He responded, „You and your property belong to your father.‟”
And the Messenger of Allah (may the blessings and peace of Allah
be upon him) said, “Your children are among the best of your
earnings so eat from their property.” 3
It was also related on the authority of „Amr ibn Shu‟ayb
from his father that his grandfather (may Allah be pleased with
him) said, “The Messenger of Allah (may the blessings and peace
of Allah be upon him) said, “He is not one of us who does not
have mercy towards our young, and does not recognize the
honor (and in another narration the „right‟) of our elders.” 4
and peace of Allah be upon him) said, “He is not one of us who
1
Saheeh hadith, reported by Abu Dawood and Ibn Maajah.
2
Saheeh hadith, reported by Ahmad, Muslim, At-Tirmidhi, and Abu Dawood.
3
Hasan hadith, reported by Ahmad, Abu Dawood, and Ibn Maajah.
4
Saheeh hadith, reported by Ahmad, At-Tirmidhi, and Al-Hakim.
does not have mercy towards our young, respect our

elders, command what is good, and forbid what is
impermissible.” 1
It was related on the authority of Abu Hurayrah that the
him) said, “Help your children to do good, for anyone who
wishes to extract impiety from his children will do so.” 2
It was related on the authority of „Ufayr, that the Messenger
or Allah (may the blessings and peace of Allah be upon him) said,
“Love is inherited.” 3
Article (114)
Comprehensive and Balanced Education for the Child
1. The child shall have the right to an education that aims
to:
a. Make the child aware of the ultimate facts of
existence, such as the Creator who directs all
affairs, the universe that is subjected to man for
the benefit of humanity, man and the mission that
he is to accomplish, the trials in this life that one
experiences in preparation for the world of reward
in the Hereafter.
b. Develop the child‟s personality, his talents, and his
mental and physical abilities to their fullest
potential so that he will be able to carry out his
mission in life.
c. Develop respect for human rights, fundamental
freedoms and make him aware of his specific and
general responsibilities.
d. Develop the child‟s self respect, cultural identity,
1
Saheeh hadith, reported by Ahmad and At-Tirmidhi, and Ibn Hibbaan.
2
Weak hadith, reported by At-Tabarani in Al-Awsat.
3
Weak hadith, reported by Al-Hakim, Ibn Abi „Aasim, Al-Baghawi, and Al-Bukhari in
At-Tareekh.
language, and his values related to his religion and

his country.
e. Prepare the child to live a responsible life in a free
society that strives to preserve its religious and
humanitarian values, and attempts to reach its
highest ideals with a spirit of understanding,
peace, tolerance, and equality of sexes in their
human dignity, and familiarity between all peoples
and all ethnic, national, and religious groups.
f. Develop respect for the natural environment in the
context of the awareness that the earth has been
subjected to man for his use to enable him to carry
out his mission in life, as Allah‟s vicegerent on
earth.
2. To that end, the following shall be accomplished:
a. Basic education should be made compulsory and
available to all without cost. It should incorporate
the basic knowledge that is necessary to develop
the child‟s mind and personality.
b. All forms of secondary education, whether general
or vocational, should be encouraged and
developed in order to meet the society‟s need for
skilled labor and to fulfill community obligations
that achieve societal goals. This education should
be made available for all children, and all
appropriate steps should be taken to accomplish
this, such as providing free education and
financial assistance when necessary.
c. Higher education, augmented with all appropriate
means, should be made available to all people on
the basis of their mental capacity as well as their
physical and psychological suitability.

This Article deals with education in terms of its objectives
and means, the objectives of which were specified in

Clause (1) and means in Clause (2).
Convention on the Rights of the Child, the first Article of which
deals with means while the second deals with objectives.
Clause (1) differs from Article (29) of the Convention on the
Rights of the Child with the addition of Item (a), which specifies
development of the child‟s awareness of the ultimate facts of
existence, such as the Creator who arranges all affairs, the universe
that is subjected for the benefit of humanity, man who carries out a
mission, the life of trials in this world in preparation for the world
of reward in the Hereafter…And with this knowledge, the major
questions of life are answered, without knowledge of which, man
would go astray and would not go forth with guidance and
assurance towards an ultimate goal or a determined mission.
The development of the child and his talents so as to enable
him to fulfill his mission in life was also added to this Item, and the
development of respect for the natural environment in the context
of the understanding that the earth is subjected to be used by man,
to enable him to carry out his mission in life, as Allah‟s viceroy on
earth was added to Item (f).
Clause (2) of this Charter differs from Article (28) of the
Convention on the Rights of the Child in stipulating that primary
education should include the basic information necessary to form
the child‟s personality and mentality. It also stipulates the
encouragement and development of all forms of secondary
education, whether general or vocational, in order to meet the
society‟s need for skilled labor so as to accomplish the basic
requirements of the general society.
With such additions to Clauses (1) and (2), education
becomes a goal which is linked to the general objectives of Islamic
Shari‟ah, particularly to the protection of the mind, in realization of
numerous texts of the Qur‟an and Sunnah that emphasize the
educational goals present in this Article. For example, we find in
the Noble Qur‟an:
1.
َ‫ك‬ َ ‫ند ََْْْأ‬
َ َُّ‫ور‬ َ‫إلننآنَ َِ َْ َع َنْل ٍا‬

َ ‫ َ َخ َنْل َا‬ ‫ك َل ِيي َخ َنْل َا‬ ََ َِّ‫ نْْأَْ ِ ْس َِ ي َر‬
ِ ِ
)3- 2 8‫ (انعهك‬‫ن ََآ ََلْ يَد ْعنْلَ َْ ي‬ َ ‫َ َعنْلن ََ ي‬ ‫َ لنيي َعنْلن ََ ي لْ َقنْلَ َِ ي‬ ‫ألَ َّْ ََُْم‬
َ ‫إلننآ‬
Read! In the Name of your Lord Who has created
(all that exists).* He has created man from a clot (a
piece of thick coagulated blood). * Read! And your
Lord is the Most Generous. * Who has taught (the
writing) by the pen? * He has taught man that
which he knew not. (96: 1-5)
2.
)2 8‫ (انمهى‬‫ن‬
َ ‫ن ُ ُْو‬ َ ‫ ن و لْ َقنْلَ َِ ي‬
ْ َ‫وَآ ي‬
Nun. By the pen and by what they (the angels)
write. (46: 1)
3.
َ ‫ َعنْلن َم َُ لَ ِدَآ‬‫إلننآ َن‬
)2- 28ًٍ‫ (انزح‬ ‫ن‬ َ ‫ َخنْلَ َا‬َ‫ َعنْلن ََ ي لقُ ْْ َن‬َُ ‫ْت‬
َْ ْ‫ ل ن‬
The Most Gracious (Allah). * He has taught (you
mankind) the Qur‟an. * He created man. * He
taught him eloquent speech. (55:1-4)
4.
َ ‫نَت ِوي َل ِيي ََ يَد ْع َنْل ُمو َن و لن ِيي ََ ال يَد ْع َنْل ُمو‬
)7 8‫ (انزيز‬‫ن‬ ْ َ‫نُ ََْ َف ََْ ي‬
…Say, “Are those who know equal to those who
know not?” (39: 9)
5.
ََ ‫ُِ لَ ِيي ََ ََ ُو َِ ُُ َْ ي و لن ِيي ََ أُوتُو لعِنْل‬
8‫ (انًجادنت‬ٍَ ‫ْ ي َد َر َجآ‬ َ‫يَد ْْفَ ِعَ ن‬
)22
…Allah will exalt in degree those of you who
believe, and those who have been granted
knowledge… (58: 11)
6.
)222 8‫ (طه‬‫ْمآ‬ ِ َ ِ‫ب ِز ْد‬
َِّ ‫ونَُ نر‬
ً ‫ّن عنْل‬
…And say: “My Lord! Increase me in
knowledge.”  (20: 114)
7.
 ‫آر‬ ْ ‫وفآ ََّ َمَث ََِ اِ َمآ ِرَ َ ْ ِم ََُ أ‬
ً ‫َس َف‬ ُِّ ََ ‫ َََث ََُ لَ َِيي‬
َ ُ‫ْتنْلُو لنتد ْوَر َ ُنُث ََلْ َ ْ ِمنْل‬
)3 8‫(انجًعت‬
The likeness of those who were entrusted with the
Taurah (Torah) but who subsequently failed in
those (obligations), is as the likeness of a donkey,
which carries huge burdens of books (but
understands nothing from them...(62: 5)
8.
َ‫ن َِ ي و نَُِ يدُ ْدِي‬ ِ َِ ‫ب لعِنْل‬َ ِ ً‫ن َ َي‬ ََ‫نَآلََ إ نَن ن‬
ْ ‫ْ ي و ْل‬ ْ ََ ُ‫ِ ْ َ َفآ َهُ َعنْلَ ْ ُُ ْ يَ وَز َد َه‬
)125 8‫ (انبمزة‬ ‫ُِ و ِس ٌَع َعنْلِ ٌَ ي‬ َ‫شآ َُ و ن‬َ َ‫َُنْلْ َُ َُ ََ ي‬
…Verily, Allah has chosen him above you and has
increased him Abundantly in knowledge and
stature. And Allah grants His kingdom to whom He
wills. And Allah is All-Sufficient for His creatures‟
needs, All-Knowing.  (2: 247)
9.
َ َ‫ن َِ ال إل‬ ِ ِ َِ ‫ِ أَنَُ ال إلََ إال فوَ و لْملِِ َُ َيُ وأُولُو ِلعنْل‬
ْ ‫ْ ي َنآِ ًمآ ِ لْق‬ ْ َ َُ َُ‫ن‬ َ‫ َ ِهك‬
)26 8ٌ‫ (آل عًزا‬‫يز اَُ َُ ي‬ ِ َُ ‫َلع ِز‬ ‫إال ُف ََو‬
Allah bears witness that none has the right to be
worshipped but He, and the angels, and those
having knowledge (also give this witness); (He
always) maintains His creation in justice. None has
the right to be worshipped but He, the All-Mighty,
the All-Wise. (3: 18)
10.
ََُ‫نَت ِِ ُون‬ ِ ِ ِ َِ ُ‫إَل ل نْس‬
ْ َ‫ِل ألَ َْ َِْ َ ْد ُه ْ يَ لَ َعنْل َم َُ لَيي ََ ي‬
َ ِ‫وإَل أ ُْو‬
ََ ‫ول‬ ََ ُ‫ولَ ْوَ َردُّوَه‬
)61 8:‫ (انُسا‬‫َِ ْد ُه َْ ي‬
 …If only they had referred it to the Messenger or
to those charged with authority among them, the
proper investigators would have understood it from
them (directly)… (2: 83)
11.
َِّ َ‫وَآ يَدتن ِِ َُع أَ ََّْثد ُُْف َْ ي إال ظًَآ إ ننَ لمن نَ ال يدُغْ ِ َ َِ ََ َا‬
)14 8‫ (يىَس‬‫ا َ ْدًئآ‬ َ 
And most of them follow nothing but conjecture.

Certainly, conjecture can be of no avail against the
truth... (71: 36)
And from the prophetic traditions:
12. It was related on the authority of Anas ibn Maalik (may
Allah be pleased with him) that the Messenger (may the
blessings and peace of Allah be upon him) said, “Pursuing
knowledge Is obligatory upon every Muslim.” 1
13. Humayd ibn „Abdur Rahmaan said that he heard
Mu‟aawiyah (may Allah be pleased with him) say in a
speech:
I heard the Prophet (may the blessings and peace of
Allah be upon him) say, “Whomever Allah wills
good for him, He gives him understanding of the
religion.” 2
14. Anas (may Allah be pleased with him) said that the
Messenger of Allah said, “Whoever travels in the quest of
knowledge is in the way of Allah until he returns.” 3
15. The Messenger (may the blessings and peace of Allah be
upon him) released some of the captives of Quraysh in
return for teaching the children of the Muslims how to read
and write.4
16. It is mentioned in the statement attributed to Abu Dardaa‟
that he said, “I heard the Messenger of Allah (may the
blessings and peace of Allah be upon him) say:
Whoever travels a path to pursue knowledge, Allah
makes a path for him to Paradise and the angels lay
down their wings in satisfaction with the seeker of
1
Saheeh hadith, reported by Ibn Maajah, Ibn „Adiyy in Al-Kaamil, Al-Baihaqi in
Shu‟ab Al-Eman, Tabarani in As-Sagheer, Al-Awsat, and Al-Kabeer, and Al-Khateeb
in At-Tareekh.
2
3
4
Saheeh hadith, reported by Ahmad, Al-Hakim in his Mustadrak , and Al-Baihaqi in
As-Sunnan Al-Kabeer.
knowledge. All who are in the heavens and the earth

plead forgiveness for a scholar, even the fish in the
water. The superiority of the scholar over the
worshipper is like that of the moon over the other
planets. Verily the scholars are the inheritors of the
prophets; they do not leave property or money, but
rather they leave a bequest of knowledge, so whoever
takes it has taken a great amount.‟” 1
17. It was related on the authority of Abu Dardaa‟ (may Allah
be pleased with him) that he said, “People are either learned
or in the process of learning, and there is no good in anyone
else.”2
18. It was also related from Habeeb ibn „Ubayd (may Allah be
merciful with him) that he said, “Learn knowledge and make
use of it, and do not learn it to show off; for if you lead long
lives you will be on the verge of seeing people with
Knowledge showing off, as a person shows off his
garment.”3
Contemplation of the aforementioned texts leads to the
conclusion of the following facts:
1. Knowledge is a necessity; for assumption can never
take the place of knowing the truth. (Text 11).
2. The objective of knowledge should be benefit and
application, not showing off. (Text 18).
3. Seeking knowledge is obligatory. (Text 12).
4. Seeking knowledge is not only an individual
obligation, but it is also an obligation on the
community. (Texts 10 and 15).
5. It is obligatory for the educated to teach the
uneducated. (Text 16).
1
Saheeh hadith, reported by Ahmad, Abu Dawood, At-Tirmidhi, and Ibn Maajah.
2
Saheeh narration, reported by Ad-Daarimi in his Sunnan and Abu Na‟eem in Al-
Hilyah).
3
Saheeh narration, reported by Ad-Daarimi in his Sunnan.
6. Knowledge is an honor, a testimony, and good.

(Texts 1, 8, and 13).
7. There is no limit to seeking knowledge. Seeking
more knowledge and seeking it continuously
represent two Islamic principles. (Texts 6 and 18).
8. Knowledge is not just a higher degree than ignorance,
but rather, knowledge itself is divided into degrees; it
is better and more beloved to Allah than voluntary
prayers, and it is a blessing from Allah for he who
chooses it and favors it over all else. (Texts 4, 5, 7,
and 14).
9. Individual differences are an established and accepted
principle that affect the direction to the type of
education and specialization appropriate to each
individual. (Texts 13 and17).
The meaning of “knowledge” in these texts is not confined
to religious knowledge. Rather it is unlimited, and includes
worldly knowledge with all of its branches and types, as is
confirmed by the following verse:
ِ ‫نمآَِ َآ َ فَأَ ْخْجَآ َِ َِ َِتَْ ٍَ ُّنيْتنْلِ ًفآ أَلْو ندُهآ‬ ِ ‫ِأ‬
ََ َ‫و‬ َ َ َ َ ْ َ ً َ َ ‫َنزلََ َ ََ ل ن‬ َ ََ‫أَ ََلْ َتد ََْ أَ نَن ن‬
َِ ‫وَ ََ لنآ‬ ِ  ‫َّ أَلْو ندُهآ و َْ َِ َ سو ٌَد‬ ِ ُْ ‫ض‬ ٌَ َِ ‫آل ُج َك ٌَد‬ َِ ِ َِ‫ل‬
‫س‬ ُ ُ َ َ َ ٌَ ‫وْت ٌَْ ُّنيَْتنْل‬
ِ ِ ِ ِ َ‫شى ن‬ ََ ِ‫َّ أَل َْو نَُُ ََّ َيل‬
ٌَ ِ‫آم نيَُْتنْل‬َِ ‫ب و ألَندْ َع‬ َِّ ‫و ل نك َو‬
َُ ‫ِ َ َْ عَ ِآد َه ُلعنْلَ َمآ‬ َ َ ْ‫ك إ نَّنَآ ََي‬
.)16- 15 8‫ (فاطز‬‫ور‬ ٌَ ُ‫يز َف‬ ٌَ ‫ِ َع ِز‬ََ‫إ نَن ن‬
See you not that Allah sends down water (rain)
from the sky, and We produce therewith fruits of
various colors and among the mountains are streaks
white and red, of varying colors and (others) very
black. * And likewise of men and beasts, and cattle,
are of various colors. It is only those who have
knowledge among His slaves that fear Allah.
Verily, Allah is All Mighty, Oft-Forgiving. (35: 27-
28)
It is clearly evident from these two verses, according to the
context and phrasing of the wording, that what is mentioned by
knowledgeable people includes scientists of astronomy,

weather, botany, geology and biology, and they can be taken as
example for others who are not mentioned in these two verses. On
the basis that these sciences, if they are well understood, and if their
secrets are realized, they will lead to the belief in the existence of a
God who has created, Who is able to manage all affairs, and Who is
of Ultimate knowledge in application of the words of Allah The
Exalted:
 ‫ا‬ ََ ‫وب أَنفُ ِن ِه ْ يَ َس نََ يَدَتدَ ِد ن‬
َُّ َ‫ا َهلُ ْ يَ أَ نَُ ا‬ ِ َ‫س ُ ِْي ِه َ ي َيتَِآ ِبَ آلف‬
َ ِ َ‫آق‬ َ ْ َ
)31 8‫(فصهج‬
We will show them Our Signs in the universe, and
in their own selves, until it becomes manifest to them
that this (the Qur‟an) is the truth… (22: 53)
Islam requires that knowledge be beneficial for humanity
and that it be used for what is beneficial, not for what is harmful,
because harm and reciprocal harm is absolutely prohibited
As for the details of the goals that are presented in Clause
(1), they are either directly concluded from texts of the Noble
Qur‟an and Prophetic Traditions, or from what is understood
logically from these texts, personal reasoning or jurisprudential
inference.
Item (c) of this Clause places importance on stipulating the
necessity of making the child aware of his personal and general
responsibilities. This is because western thought focuses on the
side of rights alone, thus leading to the formation of an unbalanced
personality, and a psychology that is ailed with selfishness, self
preference, and disregard for the rights of others, as well as an
inability to undertake duties and responsibilities
The details mentioned in Clause (2) are from among the
means that fall under the principle of al-masalih al-mursalah
(accepting public interest in the absence of a legislative source from
the Qur‟an or Sunnah). It is also from among those permissible
things that were left by Shari‟ah to the ruler to regulate according to
the circumstances and conditions, aiming to achieve the interests of
the individual and the community.

***
Article (115)
Obtaining Useful Information
1. The child shall have the right to obtain information and
materials that are spread by mass media and are aimed
at promoting social welfare, deepening religious culture,
and protecting physical and mental health. Protection
from harmful information and material in said aspects is
an established right.
encourage the production, exchange, and dissemination
of information and material that is beneficial culturally,
ethically, and religiously. This information and material
shall be made available to children. At the same time,
production and dissemination of information that is
dangerous to children in all of these issues shall be
prevented.

This Article stipulates the right of the child to obtain useful
information and material that are beneficial to him, and are spread
by mass media, while protecting him from information and material
that are harmful to him
8:‫ (اإلرسزا‬ ‫ن ُدوال‬ َ ِ‫ص ََْ و لْ ُف َد دَ َُّ ََُّ أ ُْوَلئ‬
ْ ََ َُ ْ ‫كَ ََّآنَ َع‬ ‫إ ننَ ل ن‬
َ َِ ْ‫ن ْم َعَ و ل‬
.)14
…Verily the hearing, and the sight, and the heart, of
each of those ones will be questioned (by
Allah). (25: 36)
Likewise, it was related on the authority of Jaabir (may
Allah be pleased with them) that the Messenger (may the blessings
and peace of Allah be upon him) said, “Ask Allah for useful
knowledge and seek protection from Allah from knowledge that is
not useful.”1
This Article corresponds with Article (17) of the
“Convention on Children‟s Rights”.
***
1
Saheeh hadith, reported by Ibn Maajah.
Section Six
Comprehensive Protection
This Section discusses protecting the child from any harm;

thus it addresses protecting the child from harm and abuse,
protecting him from dishonor and defamation, protecting him from
economic exploitation, and protecting him in the case of war and
emergencies.
Article (116)
Protection from Harm and Abuse
1. The child shall have the right to be protected from all
forms of harm and oppression, as well as from physical,
mental, or psychological abuse, neglect, or degrading
treatment, whether it be inflicted by the parents or by
any other person responsible for the child or caring for
him.
2. This right does not contradict the necessities of
disciplining and teaching the manners, which involve
pedagogically accepted punishments that incorporate a
wise and balanced combination of explanation,
persuasion, enticement, and encouragement along with
deterrents and punishment according to relevant
Shari‟ah, legal, and psychological rules for doing so.
appropriate assistance, first to the parents and then to
others who are legally responsible for the child, to
assume the responsibilities of raising the child, while
taking all social, legislative, media, and cultural
measures that are required to instill the necessary
principles to nurture faith and establish a virtuous
society that rejects vices and deplorable habits and
follows the most upright of ethics and the best of
manners.

This Article deals with the issue of protecting the child from
harm and abusive or degrading treatment, whether it is caused by
the parents, those with responsibility for the child, or those caring
for him (such as the teacher at school, the nanny at home, the
supervisor at a club, or others who have the right to enforce
discipline or manners, or provide direction to the child, and enforce
those punishments which are acceptable from a pedagogical
standpoint)… And to deal with this aspect, it was necessary to
mention Clause (2).
*Clause (1):
This is considered to be an application of the many Islamic
texts that forbid oppression and harming others, or aggression or
injury of any degree, especially towards children and other
vulnerable persons. Further, many other texts order leniency,
compassion, and justice in dealing with children and the vulnerable,
as well as the protection of their human dignity. Some of such texts
have already been presented in comments on Articles (100), (106),
(109), and others.
*Clause (2):
This Clause is also considered to be an application of the
established fundamentals of Shari‟ah that give the father or the
individual responsible for raising and educating the child, the right
to punish him within certain limits and criteria so that such
punishment does not reach the degree of causing physical or
psychological harm, and does not reach the level of abuse in
implementing said right.
This Article does not deal with the implementation of said
right by others; as such a situation is protected by the general laws
that protect individuals from any form of aggression.
Convention on the Rights of the Child which are limited to the
issue presented in Clause (1) without mention of the issue found in
Clause (2). In fact, Article (19) only specifies the support
necessary for the issue presented in Clause (1). As it is
implemented in the west, the absence of a corresponding Article in

the “Convention on Children‟s Rights” has led to the manifestation
of strange behaviors that are protected by legal instruments and
have lead to the child‟s disengagement from the family system and
the raising of legal charges against relatives. Thus, the necessary
balance between the authority of the family and abusive use of this
power has been lost.
***
Article (117)
Protection from Dishonor and Defamation
1. The child shall have the right to be protected from all
forms of exploitation, sexual abuse, or illegal harm to his
honor or reputation.
2. The child shall have the right to be protected from using
narcotics, psychotropic substances, alcoholic beverages,
and smoking, etc.
3. He shall have the right to be protected from being
abducted, sold, or trafficked.
4. Parents and those who are legally responsible for the
child‟s care shall make the child aware of and keep him
away from bad company, while providing a good
example and wholesome company which assist in his
protection.
bear the duty of taking the necessary protective
measures to screen the media services for anything that
might cause, encourage, or contribute to the deviation of
the child, while taking the legislative, social, and
educational measures necessary to accomplish that.

This Article stipulates the protection of the child from
anything which might cause him harm.
Dishonor and defamation are among the greatest and most
dangerous forms of injury and harm that are prohibited by

Shari‟ah and law, from which the child must be protected.
*Articles (1), (2), and (3):
These Articles mention actions are considered to be sins and
crimes that are prohibited by Islamic Shari‟ah, and are punishable
both in this life as well as in the Hereafter, thereby achieving one of
the fundamental objectives of Islamic Shari‟ah, i.e. the protection
of one‟s honor, progeny, and ability to reason.
*Articles (4) and (5):
These Articles include protective and preventative
procedures and measures to guard and protect the child from falling
into said crimes, whether they be the perpetrator or the victim.
Such protective measures are found in Shari‟ah under the topic of
sadd adh-dhara‟i‟ (prohibiting everything that leads to the
corruption and disintegration of the society), and is based on the
words of Allah the Exalted:
َ‫بَ أَلِ ٌَ ي ِب‬ ِ َ ِ ُ‫ش َي‬
ٌ ‫ب لنيي ََ ََ ُو َهلُ ْ يَ َع َي‬ َ ‫آس‬ ِ ‫إ نَن لن ِيي َ ُِ ُِّو َن أَن تَ ِش َع ل َف‬
َ َ
)27 8‫ (انُىر‬‫ن‬ َ‫آلخ ََِْ و ن‬
َ ‫ُِ يَد ْعنْلَ َُ ي وأَنتُ َْ ي ال َتد ْعنْلَ ُمو‬ ِ ‫ُّلكنْد آ و‬
َ
Verily, those who like that (the crime of) illegal
sexual intercourse should be propagated among
those who believe, they will have a painful torment
in this world and in the Hereafter. And Allah
knows and you know not. (12: 19)
These Articles correspond with Articles (16), (33), (34), and
(35) of the Convention on the Rights of the Child.
The first half of Clause (1) corresponds with Article (34) in
all of its supporting details and increases its absolute protection
against any unlawful sexual practices.
The second half of Clause (1) corresponds with Article (16),
though it does not mention of child‟s private life, family, home, and
correspondence, so that this Article is not construed to imply that
the honor of children should supersede the honor of the family.
Clause (2 corresponds with Article (33) while adding to it,
“alcoholic beverages, smoking, etc” because this is the real

protection, particularly for the child, as the dangers of such have
been established without doubt.
Clause (3) corresponds with Article (35) without any limits
or reservations.
As for Clause (4), it has determined the effective method, as
exemplified by the obligation of the parents and those with legal
responsibility for the care for the child, to warn him and isolate him
from bad company, as well as to provide a good example and
wholesome company, which assist in his protection.
Similarly, Clause (5) stipulates the filtering of the media
services from all that causes, encourages, or promotes deviation of
the child.
Article (118)
Protection from Economic Exploitation
1. The child shall have the right to be protected from
economic exploitation and from performing any work
that is likely to be hazardous, interfere with his regular
attendance of basic mandatory education, or is harmful
to his health or his physical, mental, religious, moral, or
social development.
2. The aforementioned right includes setting a minimum
age for children‟s employment and instituting an
appropriate system for employment hours and
conditions.

This Article stipulates the protection of the child from
economic exploitation.
*Clause (1):
This Clause of this Article is based on the noble hadith,
“There shall be no harm or reciprocating harm.” 1 It is

also based on the Prophet‟s words, (may the blessings and peace of
Allah be upon him) that were narrated by Wahb bin „Abdullah
(may Allah be pleased with him), “Verily your Lord has a right
upon you, and your self has a right upon you, and your family
has a right upon you, so give each his due right.” 2
*Clause (2):
This Clause is based on principles of al-masalih al-mursalah
(accepting public interest in the absence of a legislative source from
the Qur‟an or Sunnah) and the right of the ruler to limit what is
permissible for the sake of public interest, or to prevent a danger
that could result from abuse of such right. This is a very wide field
in Islamic Shari‟ah that is permitted for the ruler to control, with
the condition that he seeks to find greatest benefit, which does not
cause harm or conflict with principles of Shari‟ah.
This Clause corresponds with Article (32) of the Convention
***
Article (119)
War and Emergencies
1. The child shall not participate directly in war before he
has reached the age determined by the law.
2. In cases of emergencies, catastrophes, and armed
disputes, the child shall be given priori ty with regard to
protection and care of civilians with regard to the
impermissibility of killing, injuring, harming or taking
him captive. He shall also be given priority in fulfilling
his rights to shelter, food, healthcare, and relief.

1
Saheeh hadith, reported by Maalik, Ahmad, Ibn Maajah, Ad-Daaraqutni, Al-Hakim,
and Al-Baihaqi.
2
This Article stipulates the position of the child in

emergencies, catastrophes, and armed conflicts.
*Clause (1):
This Clause is based on the words of Allah the Exalted:
‫ت َرَدنَآ ال‬ َْ ِ َ‫ن‬
َ ‫ت وعَنْلَ ْد َهآ ََآ َََّْت‬
َْ ِ َ‫ن‬
َ ََّ ‫وس َع َهآ َهلَآ ََآ‬
ْ ‫نآ إال‬ ً ‫ُِ ندَ ْف‬
َ‫َّ ن‬َُ ِّ‫ال يُ َُنْل‬
َْ ‫تُد َد ِخ ْي َََ إن ن ِن َآ أ‬
ََ ‫َو أَ ْخ َأْ َََ َرَندَآ وال َ َْت ِم ََْ َع َنْل ْدَآ إ ْ ًْ ََّ َمآ‬
‫ْتنْلَْت َُ َع َنْلى‬
‫َّ َعنآ و ْ ِف َْْ لََآ‬ َُ ‫لن ِيي ََ َِ َند ْ ِنْلَِآ َرَدنَآ وال ََُت ِّمنْلَْآ ََآ ال طَآنَيَ لََآ َِ َِ و ْع‬
)164 8‫ (انبمزة‬ََ ‫آنص َََْْ َعنْلَى ل َق ْوَِم ل َُآفِ ِْي‬ ُ َ‫َنت ََ ْوال َََ ف‬ََ ‫و ْرْتََْآ أ‬
Allah burdens not a person beyond his scope. He
gets reward for that (good) which he has earned,
and he is punished for that (evil) which he has
earned. “Our Lord! Punish us not if we forget or
fall into error, our Lord! Lay not on us a burden
like that which You did lay on those before us; our
Lord! Put not on us a burden greater than we have
the strength to bear. Pardon us and grant us
forgiveness, have mercy on us. You are our Patron,
and give us victory over the disbelieving people. (2:
286)
The aforementioned principle also conforms to the logic of
human nature; for military actions and fighting are from among the
difficult jobs that cannot be borne except by mature adults. It has
been established in many actual situations, that the Messenger of
Allah (may the blessings and peace of Allah be upon him) did not
allow anyone to join the army unless they had reached puberty and
had a sound, strong body.
*Clause (2):
This Clause is based on the principles of Shari‟ah and
general humanitarian principles that make it obligatory to give
priority to children and those who are generally weak, and in need
of such protection.
In advising the commanders of the army the Messenger
(may the blessings and peace of Allah be upon him) said, “Go out
(for war) in the name of Allah, and for the sake of Allah,
following the religion of the Messenger of Allah, and do

not kill a single invalid elderly man, infant, child, or woman...
Do righteousness and do good, verily Allah loves those who do
good.” 1 And in another narration he said, “Do not be excessive
and do not act treacherously, and do not kill an infant or an old
man.” 2 Similar statements have been passed down from the rightly
guided viceroys to the commanders of the Islamic armies.
This Article covers Article (38) of the Convention on the
Rights of the Child that corresponds to it. However, despite its
conciseness, it is considered more encompassing, as it stipulates the
aspects of protection of the child, and is not limited to situations of
armed conflicts as is the case with Article (38).
***
1
Saheeh hadith, reported by Abu Dawood on the authority of Anas ibn Maalik).
2
Reported by Al-Bazzaar, At-Tabarani in As-Sagheer and Al-Kabeer, Al-Haythami
said in Majma‟ Az-Zawa‟id, “The men in the chain of narration reported by Al-
Bazzaar are all saheeh narrators except for „Uthmaan ibn Sa‟eed Al-Mari who is
trustworthy.”
Section Seven
Concern for the Best Interest of the Child
This Section addresses the concern for the best interests of

the child, thus it discusses benefiting from human rights
declarations, the importance of taking measures for implementation
for children‟s rights, and it clarifies the obligation of the state to
look after the child‟s best interest. These topics are covered in
three articles.
Article (120)
Benefiting from Human Rights Declarations
The provisions of this Charter do not breach any of the
human rights provided for by the Cairo Declaration on Human
Rights in Islam that were drafted during the summit held by
the Organization of the Islamic Conference on August 5, 1990.
In combination with this Charter, said provisions are
considered to be an integral whole, and the provisions of this
Charter do not breach any international declarations that
conform to the provisions of Islamic Shari‟ah.

This Article stipulates the integration of this Chapter with
similar international Islamic charters.
***
Article (121)
Measures Towards Implementation of Children‟s Rights
All institutions of the society, including the state, shall
take all appropriate measures to implement the rights
established in this Charter, and shall provide the child with
direction and guidance suitable to his evolving abilities when
exercising such rights, while at the same time respecting the
responsibilities, rights, and duties of the parents, relatives,
guardians, or others who are legally responsible for the child.

This Article stipulates the necessary measures for
implementing the stipulated rights of the Charter.
***
Article (122)
Concern for the Best Interest of the Child in All Affairs Pertinent
to Children
In all procedures pertinent to children, whether executed
by legislative, judicial, or administrative authorities, or by
public or private social care institutions, pri me concern shall be
given to the best interest of the child while taking into
consideration the rights and duties of his parents, guardians, or
other individuals who are legally responsible for him.

This Article stipulates the attention to the best interest of the
child, and care for the rights and obligations of the parents and
others.
From the Small

Chapter Family
V to the Large Family
This Chapter elucidates the nature and scope of the family in

Islam. The family is not only limited to the two spouses and the
children; which is the smaller family; instead, it extends to include
a wide network of relatives, including brothers and sisters, paternal
and maternal aunts and uncles, and others who are joined by ties of
lineage or affinity; regardless of their location. This network
extends until it includes the entire society, which is the larger
family; as was stated in Article (13) of this Charter 1. Allah the
Exalted says:
ِ ِ ِ
َ َََِ ‫َوج َع ََ َلَ ُُ ي ََّ ْ َأَ ْزَو ِجُُ ي‬
َ‫ا‬ َ ‫َج َع ََ َلَ ُُ ي ََّ ْ َأَنفُن ُُ ْ ي َأَ ْزَو ًَجآ‬ َ ُِ‫و ن‬
ِ ِ ِ ِ ِ ِ ِ
ُ ِ‫ يََ َ َ ل نَِّ ِآ َأَ َف ِِآلَْ ِآط َِ َيدُ ْدَ ُو َن َوَِ ْع َمت َ ن‬
‫َف ْ ي َيَ ُْ ُف ُْو َن‬ ّ ُُ ‫َورَزَن‬
َ ً ‫وس َف َك‬
َ
)51 8‫ (انُحم‬
And Allah has made for you from yourselves mates
in the favor of Allah they disbelieve?  (16: 72)
He also says:
ًَ ‫ك َ َن ِك‬
 ‫يْا‬ َ َُّ‫َر‬ ِ
َ ‫نً ِآَو ْهًَْ َوََّآ َن‬ َ َََ ِ‫وف َو َ َل ِيي َ َخ َنْل َا ََِ َ َ ملَآ‬
َ َ‫شًَْ َ َف َُ َع َنْل َُن‬ ُ 
And it is He who has created from water a human
being and made him [a relative by] lineage and
marriage. And ever is your Lord competent
[concerning creation]. (25: 54)
1
See Section Four of Chapter I.
Likewise, He says:
َ ََ ِِ‫َوج َعنْلَْآ َُّ ْ ي َ ُعُوًَ َوَندَ ِآ‬ ِ
َ ‫ َ نإَ َ َخ َنْل ْقَآ َُّ ي ََّ َ َذ ََّ ٍْ َوأُنَثى‬،‫نآس‬
َُ ‫ ََي َأَيُّد َهآ َ ل‬
8‫ (انحجزاث‬ٌ‫ري‬ َ ِِ ‫ِ َ َعنْلِ ٌ ي َ َخ‬ ِ ِ
َ‫آرفُو َإ نن َأَ َّْ َََُُْ ْ ي َع َك َ نِ َأَْتد َقآ َُّ ْ ي َإ نن َ ن‬
ِ
)21
O mankind, indeed We have created you from
Acquainted. (49: 13)
This Chapter focuses on the manifestations of this relationship
between the smaller family and the larger family. These
manifestations are covered in the following seven sections:
Section One: The Position of Takaaful in Islam
Section Two: Maintaining Uterine Ties
Section Three: Financial Support

Section Four: Guardianship Over One‟s Person and Wealth
Section Five: Inheritance

Section Six: Bequests
Section Seven: Endowments
***
Section One
Social Takaaful
This Section deals with the status of takaaful in Islam, and

the general rulings related to takaaful in Islam. It also deals with
some of the detailed rulings regarding takaaful. These topics are
covered in three Parts.
Part I: The Status of Takaaful (Solidarity) in Islam
This Part discusses the status of takaaful in Islam and it
clarifies the principle of takaaful, the basis for its establishment,
and the sphere of takaaful in Islam. These topics are covered in two
articles.

Article (123)
The Principle of Takaaful and the Basis for its Establishment
Financial and social takaaful are among the greatest
general aims and basic goals in Islam that must be achieved in
the Islamic society. Takaaful is based on two main principles
which have been afforded a high degree of care and importance
in Islam; the interest, unity, and cohesion of the group; and the
comprehensive human brotherhood.

Linguistically, takaaful means to alleviate another‟s burden,
i.e., to supports another person and spend on him 1, it also involves
reciprocity. Thus, takaaful is to support, and spend on, and assist
each other. The takaaful between Muslims is a form of mutual care
by advising each other, providing financial support, etc. 2
This Article discusses two issues:
1
Al-Fayoumi, Al-Misbah Al-Muneer, p. 736, see: Ka-Fa-La.
2
Dr. Mohammed Rawaas Qal‟ah and Dr. Hamid Saadiq, Mu‟jam Lughat Al-Fuqahaa‟,
p. 142.
1. The status of takaaful in Islam and the evidence for

it.
2. The basis upon which takaaful is established.
As for the first issue, takaaful between people is one of the
most important general aims, and it is one of the primary goals in
Islam. Islam strives to provide all of a person‟s basic human needs,
including accommodation, food, drink, security, chastity through
marriage and other needs – even if he is not Muslim, in order to
free the person from any shackles that prevent him from freedom of
thought, belief, and opinion. Thus, he is not forced to adopt any
opinion due to the shackles of human need.
There is much evidence that supports the principle of
takaaful in Islam; some of which has been mentioned during the
discussion of social insurance in Article (109) such that there is no
need to repeat it in this context.1
The second issue addresses the bases upon which the principle
of takaaful is established and the aims which takaaful seeks to
achieve. This comprises two subjects:
1. The interest of the group; its unity and cohesion.
2. Universal human brotherhood
***
Article (124)
The Spheres of Takaaful in Islam
The concept of takaaful in Islam expands in spheres with
cohesive links until it eventually extends to the entire society as
a whole. Thus, it includes financial, moral, and social takaaful
in all of its forms; and it is between the members of a single
family, between families, and between the group and its leaders.
There are many mechanisms to achieve takaaful including those
which are individual and those which are collective, as well as
those which are voluntary and those which are mandatory.
1
See Section Four of Chapter IV.
In this context we shall limit ourselves to the clarification

of the forms and fields of takaaful within the field of the family,
as it is the basic nucleus of the society. When the family is
sound, the rest of the society‟s affairs are sound.

This Article clarifies that the principle of takaaful extends to
all human relationships in the society, with all of their types and
forms.
It also clarifies that takaaful has many mechanisms by which
it is achieved, these mechanisms vary between the individual and
the collective, and between voluntary and mandatory. An example
of an individual mechanism is the obligation of paying zakaah and
carrying out vows, expiation, and sacrifices, paying the charity of
Al-Fitr1 , and providing aid to the starving and those in need. An
example of the collective mechanisms of achieving takaaful, which
involve an obligatory aspect, include the collection of zakaah,
benefiting from the organization of individual efforts to provide
takaaful, making use of the wealth of the rich when there is need to
do so, and planning the means of distributing the wealth to those
who are entitled to it. Example of voluntary mechanisms include
the practice of establishing endowments for one‟s offspring,
making bequests, hosting guests, giving loans, preferring others to
one‟s self, and giving presents and gifts.
***
Part II: General Rulings
This study deals with the general rulings of takaaful, and it
clarifies that the social nature of man necessitates takaaful. It also
clarifies the limits of takaaful and its importance in Islamic society.
It explains that takaaful is both a right and an obligation, and it
elucidates that those who are deserving beneficiaries of takaaful.
Finally, it explains that takaaful in Islam is the basis for the
financial acts of worship. These topics are covered in six articles.
1
Fitr Zakah: Charity that is paid after the fasting of the month of Ramadan .
Article (125)
Man‟s Innate Social Nature Necessitates Takaaful
Man is a social being who is naturally inclined to live in a
group, and it is impossible for him to live alone. For this
reason, takaaful between the rich and the poor, mutual aid in
times of difficulty, and sharing in times of happiness are some
of the most important basic principles for building social
solidarity and achieving unity and human brotherhood between
mankind.

This Article is based on a number of texts that have been
previously mentioned in Article (109).1
Islam is not only concerned with providing for the needs of
the Muslims alone, rather, it goes beyond this to include non-
Muslims who life in the shadow of the Muslim state. This stems
from the fact that social takaaful is humanitarian to the first degree,
before taking on a religious nature. This is because non-Muslims
living under the shadow of the Muslim stage are the responsibility
of the Muslims; and the ruler of the Muslims is responsible for
them just as he is responsible for the Muslims.
In „Umar ibn „Abd Al-‟Azeez‟s letter to „Udayy ibn Art‟ah
he wrote, “Search for the people of the covenant in your area who
may have grown old and are unable to earn, and provide them with
regular stipends from the treasury to take care of their needs.” 2
***
1
See Section Four of Chapter IV .
2
Saheeh narration, reported by Abu „Ubayd Al-Qaasim, ibn As-Salam in the Book of
Al-Amwaal, and Ibn Zanjawayh in of Al-Amwaal. See: Ahkam Ahl Adh-Dhimmah,
Ibn Al-Qayyim, vol. 1, p. 144.
Article (126)
The Perimeters of Takaaful
In Islam, social takaaful guarantees that the individual‟s
basic needs will be met. Thi s includes his dire necessities, needs,
and non-essential requirements related to accommodation,
food, clothing, medical treatment, and education to an extent
that is sufficient to meet the usual needs of a middle class
person; no less and no more.

This Article clarifies that the perimeters of takaaful
represent the basic needs of every individual, including dire
necessities, needs, and non-essential needs, and these are the
general aims of Islamic Shari‟ah. These basic needs are limited to
accommodation, food, clothing, medical treatment, and education,
and the extent to which these needs are to be provided is that which
is sufficient to meet the usual needs of a middle class person; no
less, and no more. Abu Hurayrah (may Allah be pleased with him)
narrated that the Messenger of Allah said:
Whoever from among you has been entrusted with a position
and does not have a wife should marry, and whoever does
not have a home should get a home, and whoever does not
have a mount should get a mount, and whoever does not
have a servant should get a servant… and anyone who gets
anything other than that, has hoarded his wealth as a miser
or a thief.1
***
Article (127)
Cooperation Within the Islamic Society
In Islam, the Islamic society is built on the basis of
cooperating in all things that are good and pious. Social
takaaful is one of the most important forms of goodness as it
1
Hasan hadith, reported by Abu Ubayd in Al-Amwal.
achieves the interests of the Muslim community by way

of the cohesion that it spreads among members of the society
and the support that it provides to individuals, enabling them
to get married and build a family.

This Article clarifies that the Islamic society is established
on cooperation, righteousness, and piety; and this cooperation is of
great importance to achieving the welfare of the general public. It
also states that social takaaful is one of the most important forms of
righteousness by supporting the individual so that he is able to get
married and build a family, and this has been previously
mentioned.1
***
Article (128)
Takaaful is a Right and Duty
In Islam, takaaful is not a form of voluntary charity left
to the will of individuals, depending on whether they want to
give or not. Islam has made takaaful a right that is due upon
the wealth of the rich, making it obligatory for them to give to
those who are entitled, without reminding the recipient of their
favor to him or hurting him in any way. In order to ensure that
this form of takaaful reaches those who are entitled to it, Islam
has ordained a precise system that merges the responsibility of
the rich and the responsibility of the people in charge.

This Article clarifies that takaaful is both a right and an
obligation, the most clear example being the obligatory zakaah that
is imposed on the wealth of the rich for the benefit of the poor and
needy. If this obligatory zakaah is not sufficient to meet their basic
needs, then it is up to the leader of the Muslims to make up for it
from the Muslim treasury. If this is not sufficient then it is up to the
1
See Chapter II, The Muslim Community‟s Responsibility for the Formation and
Protection of the Family.
leader or the state to obligate the wealthy to pay that which is

sufficient to meet the needs of the poor.1
This Article is based on many texts including:
ِ ‫ ُخ ْي ََِ ْ َأ ََْو هلِِ يَ َ َك َن ًي َتُ َ ِّهُْف يَوتُد َزَِّّ ِه‬
)271 8‫ (انتىبت‬‫ يَِبَآ‬ ْ ُ ْ َ
Take, [O, Muhammad], from their wealth a charity
by which you purify them and cause them
increase… (9: 103)
َ‫َوب‬ِ ‫ْم َدلن َف ِيَندُنْلُوَدُ ُه ْ ي‬
ُ ‫اَ َعنْلَ ْد َهآَو ل‬
ِِ ِ ‫ص َكنَآ ُ َلِنْلْ ُف َقْ ِ َو لْم‬
َ ‫نآَّ ِاَو ل َْعآَنْل‬
َ َ َ ‫ إ نَّنَآَ ل ن‬
ٌَ‫ِ َو نُِ َ َعنْلِ ي‬ ِ‫ضيً ََِ َ ن‬
َ ّ َ ‫ن ِِ َِ َفَ ِْي‬ ‫ِ َو َْ ِ َ ل ن‬ ِ‫َوب َس ِِ َِ َ ن‬
َ ِ ‫ا‬
ِ َِ َ‫ِّلْن‬
َ َ‫آب َو لْغَآ ِر‬
)47 8‫ (انتىبت‬‫ُ ٌَ ي‬ ِ‫س‬
َ
Zakah expenditures are only for the poor and for
the needy and for those employed to collect [zakaah]
and for bringing hearts together [for Islam] and for
freeing captives [or slaves] and for those in debt and
for the cause of Allah and for the [stranded]
traveler an obligation [imposed] by Allah. And
Allah is Knowing and Wise. ) 9: 60)
)11 8‫ (انُىر‬‫ِ َ لَ ِييَ ََت َُّ َْ ي‬
ِ‫آلَ ن‬ ِ ُ‫و ت‬
َِ َ‫ يََ َ ن‬
ّ ‫وف‬ ُ
…and give them from the wealth of Allah which
He has given you…  (24: 33)
Also, it was narrated on the authority of Ibn „Abbaas (may
blessings and peace be upon him) said to Mu‟aadh ibn Jabal when
he sent him to Yemen, “If they obey you in this, then inform
them that Allah has made charity obligatory upon them that is
to be taken from their rich and returned to their poor…” 2
Also, it was related by Ibn „Umar (may Allah be pleased with him)
1
See aforementioned commentary on Articles (109) and (132).
2
An-Nasaa‟i, Ibn Maajah, Ad-Daarimi, and the wording is by Al-Bukhari.
said, “Islam is built on five [pillars]; To bear witness

that there is no God but Allah and that Muhammad is the
Messenger of Allah, establishing the prayer, giving charity,
performing Hajj [the pilgrimage] and fasting the month of
Ramadan.” 1
***
Article (129)
Those Who Are Entitled to Takaaful
In Islam, those who are entitled to takaaful include all
groups of the society who are unable to meet their basic needs
and who are living within the Muslim community, permanently
or temporarily. This includes orphans, the weak, the poor, the
needy, victims of catastrophes, and those who have incurred
debts for Shari‟ah sanctioned interests who are unable to repay
them, whether the person is Muslim or non-Muslim.

This Article identifies the deserving beneficiaries of
takaaful, and this is indicated by a number of texts which include:
ِِ ِ ‫ص َكنَآ ُ َلِنْلْفُ َقْ ِ َو لْم‬
َ َ َ ‫إ نَّنَآَ ل ن‬
ٌَ‫ِ َو نُِ َ َعنْلِ ي‬ ِ‫ضيً ََِ َ ن‬
َ ّ َ ‫ن ِِ َِ َفَ ِْي‬ ‫ِ َو َْ ِ َ ل ن‬ ِ‫َوب َس ِِ َِ َ ن‬
َ ِ ‫ا‬
ِ َِ َ‫ِّلْن‬
َ َ‫آب َ و لْغَآ ِر‬
)47 8‫ (انتىبت‬ ‫ُ ٌَ ي‬ ِ‫س‬
َ
Allah is Knowing and Wise. (9: 60)
It was narrated by Ibn „Abbaas (may Allah be pleased with him)
said to Mu‟aadh ibn Jabal when he sent him to Yemen, “If they
1
Saheeh hadith, reported by Al-Bukhari, Muslim, At-Tirmidhi, and An-Nasaa‟i.
obey you in this, then inform them that Allah has made charity
obligatory upon them that is to be taken from their rich and
returned to their poor…” 1
***
Article (130)
In Islam, Takaaful is the Basis for Financial Acts of Worship
Takaaful in Islam is one of the aims of Shari‟ah that is
essential to many of the Shari‟ah laws and regulations upon
which Islamic society is based and which are known as the
financial acts of worship. These include zakaah, providing
financial support for one‟s relatives, the obligation to maintain
ties of kinship, the system of al-‟aaqilah (where the male
paternal relatives of the person who is convicted of causing
accidental death share in paying the blood money), the
obligation to distribute the national income justly between the
rich and the poor, providing interest free loans, and expiations
and vows, etc.

This Article clarifies the status of takaaful in the system of
Islamic Shari‟ah. Thus, it is one of the important Shari‟ah aims
behind many of the laws and policies upon which the Islamic
society is based and which are known as the financial acts of
worship. All of the examples of the financial system in Islam that
are mentioned in this Article have their facts, pillars, conditions,
obligations and recommended acts, which are indicated by many of
the Shari‟ah texts, which are usually found in books of Fiqh.
***
1
An-Nasaa‟i, ibn Maajah, Ad-Daarimi, and the wording is by Al-Bukhari.
Part III
Article (131)
The Detailed Rulings of Takaaful
The Shari‟ah rulings related to the obligation of takaaful
vary between mandatory and recommended. Likewise, the
spheres of entitlement are also varied on the basis of several
aspects which include: the degree of kinship between the person
who has wealth and the person entitled to takaaful, and the type
of Shari‟ah obligation that applies to the wealth (whether it is
obligatory zakaah, mandatory financial support, or voluntary
charity). These spheres of entitlement also take into
consideration of the level of the entitled person‟s need; whether
it is a dire necessity, a need, or a non-essential requirement, and
they also depend upon the original cause of the need; whether it
is the result of a Shari‟ah sanctioned interest, circumstances
beyond their control, or forbidden types of transactions. These
spheres expand until they include all of the society in a precise
unparalleled system, giving Islam its well deserved reputation
of being the religion that was revealed to care for the poor and
the weak. For more information on this topic, refer to the
detailed rulings in books of Islamic fiqh.

This Article clarifies the detailed rulings of takaaful in a
general manner, and further details regarding this subject are
generally found in books of fiqh.
***
Section Two
Maintaining Uterine Ties
This Section discusses the definition of the concept of

“Uterine ties”. It also clarifies their importance and the means
and mechanisms of maintaining them. These topics are covered in
three sections.
Article (132)
Definition of the Concept
1. The uterus is the secure place in the mother‟s abdomen
where the human is created and where his formation i s
completed. In this context, however, “uterine ties” refers
to one‟s relatives, whether maternal or paternal.
2. Maintaining uterine ties refers to being good, kind,
equitable and fulfilling the rights, obligations, and
recommended deeds that are due to relatives before
those of other people.
3. The ruling on maintaining this relationship may be
obligatory, mandatory, or recommended, according to
the proximity of the degree of kinship. This
responsibility falls upon the closest relative, then the next
closest until it even reaches the degree of preferring one‟s
parents over one‟s self, as they are the means by which
the person was brought into existence, and the mother is
given precedence over the father in all Islamic texts and
teachings.

This Article explains the concept of “uterine ties”.
* Clause (1):
This Clause discusses the meaning of “uterus” from a
linguistic point of view and mentions that the uterus contains all of
a person‟s relatives (siblings) from his mother and father. The
Shari‟ah term is based on this meaning, on the metaphorical

basis of calling something by the name of its cause, or using the
name for something that is whole to refer to one of its parts due to
its importance, as the uterine connections include all of them. The
importance of uterine ties is evidenced by the narration of
„Abdullah ibn Dinaar from „Abdullah ibn „Umar (may Allah be
pleased with them) that a Bedouin man met him on the path to
Mecca, so „Abdullah bin „Umar greeted him and let him ride the
donkey he was riding and gave him the turban that was on his head.
Ibn Dinaar told him, “May Allah help you! He‟s just a Bedouin,
and Bedouins are content with little.” „Abdullah ibn „Umar said,
“This man was one of the people who was beloved by „Umar ibn
Al-Khattaab (may Allah be pleased with him), and I heard the
Messenger of Allah (may blessings and peace be upon him) say,
„The best form of righteousness is to maintain ties with those
who were loved by his father.‟”1
* Clause (2):
This Clause discusses the meaning of maintaining uterine
ties according to the Shari‟ah meaning of the term, which is the
meaning that is intended in this Charter. This Clause states that
maintaining uterine ties refers to being good, kind, equitable, and
fulfilling the rights, obligations, and recommended deeds that are
due to relatives before those of other people. Thus “uterine ties” is
a metaphorical expression that indicates being good to one‟s blood
relatives and in-laws, being compassionate and gentle to them, and
caring about their condition, even if they distance themselves or
cause harm. Cutting uterine ties refers to cutting off all of these
actions, and it is indicated in the hadith of Abu Hurayrah (may
Allah be pleased with him) who related that the Messenger of Allah
(may blessings and peace be upon him) said:
Verily Allah created all of creation, and when He
finished, the uterine ties came forward and said,
“This is the place for he who seeks refuge from the
severing [of ties of kinship].” He [Allah] said,
1
“Yes. Are you not satisfied that I should keep ties

with he who maintains your ties and sever them
with whoever severs your [ties]?” They [the
uterine ties] said, “Certainly.” Thereupon He said,
“So it will be for you.”
Then the Messenger of Allah (may blessings and peace be upon
him) said, “Read if you will the words of Allah the Exalted:
َ ِ‫ض َوتُق ِّ ُعو َأ َْرسآَ ُُ ْ ي َأُوَلئ‬
َ‫ك‬ ِ ُ‫فه َِ َ َعن ت ي َإِنََتولن ت يَأَ ْن َت‬
ِ ‫فن ُكو َبَ ألَ ْر‬ ُ ْ َْ َ
)11- 11 8‫ (دمحم‬‫آرُف َْ ي‬ َ‫ص‬
َ ََْ‫َوأَ ْع َمىَأ‬
َ ‫ليي َلَعَد ُه يَ نَُِفأَ َ نم ُه ْ ي‬
So would you perhaps, if you turned away, cause
corruption on earth and sever your [ties of]
relationship? *So would you perhaps, if you turned
away, cause corruption on earth and sever your [ties
of] relationship?  (47: 22-23) 1
*Clause (3):
This Clause discusses the ruling related to this relationship,
which varies in degree from obligatory to highly recommended, on
the basis of the considerations that are mentioned in this Clause:
Uterine ties are obligatory in general, and it agreed that it is
prohibited to sever them, and doing so is a major sin according to
some scholars of Islamic Jurisprudence. There are different
degrees of maintaining these relationships, some which are superior
to others; the least of which is to maintain the ties by speaking to
each other, even if it is only to convey the greeting of salaam
(peace). With regard to the parents, it is obligatory to maintain ties
with them, and maintaining ties with other relatives is Sunnah.
Maintaining ties with one‟s mother takes precedence over the ties
with the father by consensus of the scholars, in affirmation of the
high status of motherhood considering the great efforts that she
makes and for the compassion, and service that she provides for the
sake of her child. In the case of a Muslim child whose family is not
Muslim, it is recommended for him to maintain the ties to his
disbelieving family, based on the Words of Allah the Exalted:
1
)23 8ٌ‫ (نمًا‬‫آََ ْع ُْوًفآ‬ ِ ‫و‬

ِ ‫آس ْ ِد ُه َم‬
َ َ‫آَبَ ُّلكنْد‬ َ
 … accompany them in [this] world with
appropriate kindness ... (31: 15)
The degrees of the ties vary with regard to the relatives, for
in the case of the parents they are stronger than the mahrams, and
the ties between mahrams are stronger than those between non-
mahrams. This should not be understood to mean that the ties must
be maintained when they are maintained by the other party, as in
such a case, maintaining ties would amount to nothing more than
reciprocity. Rather, it is obligatory to maintain these ties, even if
the other party severs them.
Uterine ties are maintained through all forms of kindness,
such as visiting, assisting, meeting the person‟s needs, and
conveying the greeting of “salaam” (peace). They can even be
maintained through writing if the person is absent, however, this is
not sufficient in the case of the parents if they request their child‟s
presence. Also, spending money on one‟s relatives is considered a
means of maintaining ties, and it is not sufficient for the wealthy to
maintain uterine ties with a needy relative by merely visiting him;
rather, he must assist him financially to the extent that he is able.
Ties of kinship are cut by harming the relative or by not
being kind to him. Thus, if a person stops performing an act of
kindness that his relative had become accustomed to, without any
Shari‟ah recognized excuse, he will have cut the ties of kinship.
Some scholars have considered this a major sin, and the excuses for
doing so vary according to the type of relationship.
There are many Shari‟ah texts that are evidence for these
rulings:
َ‫نآ ًََ َوَِ ِيي َ لقُ َْْ ى‬ ِ ِ
ْ ِ ْ‫ش َُِّْو ََِ َ َ ْدًَئآ َو ِ ل َْو ل َكي‬
َ ‫َإس‬ ْ ُ‫ِ َوال َت‬ َ‫ و ْع ُِ ُكو َ ن‬
َ ِ َْ‫آس ِ َ ِ ْل‬ ِ‫ص‬ ‫َذي َ لقُ َْْ ى َو ْلَآ ِر َ لُُ ِ َو ل ن‬ ِ ِ‫و لْ دتآَى َو لْمنآَِّ ِا َو ْلآر‬
َ َ َ َ ََ
 ‫ور‬ًَ ‫ِ َالَ ُِ ُّ َََ َََّآ َن َنيَُْتآالَفَ ُخ‬ ‫ت َأ َُْيَآنُُُ ْ ي َإ نن َ َن‬ ُ
َ
ْ َ َ ‫نْل‬
َ ََ‫آ‬َ‫َو‬ َِ ِ
ِ ‫ن‬‫و َْ ِ َ ن‬
‫ل‬
)14 8:‫(انُسا‬
Worship Allah and associate nothing with Him,

boastful. (4: 36)
And:
 ‫َرنِ ًَ ِآ‬ ِ
َ‫نآ َلُونَ ََِ َو ألَ ْر َس َآم َإنن َ ن‬
َ ‫ِ َََّآ َن َ َعنْلَ ْ ُُ ْ ي‬
ِ ‫ و تندقُو َ ن‬
َ َ‫ِ َ لنيي َت‬
َ
)2 8:‫(انُسا‬
… And fear Allah, through whom you ask one
another, and the wombs. Indeed Allah is ever, over
you, an Observer. (4: 1)
He also says:
ََ‫َسو‬
ُ ‫َوَيَآفُو َن‬
َ ‫َرَند ُه ْ ي‬
َ ‫ش ْو َن‬ َ ََ َ ‫صنْلُو َن َََآ َأ َََ َْ َ نُِ ََِ ِ َأَن َيُو‬
َ ْ‫َوَي‬ ِ ‫ و لن ِيي َي‬
َ َ
)12 8‫ (انزعد‬‫آب‬ َِ ‫ن‬ ِ
َ‫ا‬
And those who join that which Allah has ordered
to be joined and fear their Lord and are afraid of
the evil of [their] account, (13: 21)
Similarly, He says:
ِ ِ
)6 8‫ (انعُكبىث‬‫نًَآ‬ ُ ْ‫إلننآ َنََِ َو ل َكي‬
ْ ‫َس‬ َ َ‫وو ن ْدَآ‬
َ 
And We have enjoined upon man goodness to
parents... (29: 8)
َ‫َع َك َك‬ ِ ‫ك َأَال ََتد ْع ِ ُكو َإال َإ نَيهُ َو ِ لْو لِ َكي ِ َإسن ًآَ َإ نَآ َيد ِدنْلُ َغ ن‬ َ َُّ‫َر‬
َْ َ ْ ْ َ ُ َ ‫ضى‬ َ َ‫ ون‬
َ ‫ُهآ َونَُ َ نهلَُمآ َ َند ْو‬
َ‫ال‬ ٍّ ‫لُهآ َفَل ََتدقَُ َ نهلَُمآَأ‬
َُ ْْ ‫ُف َوال ََتد ْد َه‬ َُ ََِّ ‫ُهآَأ َْو‬ َُ ‫َس ُك‬ ِ
َ ‫لَُ ِد َْ َأ‬
ِ َْ ْ‫ضَ َهلمآَجَآحَ ُّلي ِّل ََِ َ ل ن‬ ِ
َ ‫آَرَندَ ِآّن‬
َ ‫ْت ُه َمآ َََّ َم‬َْ ‫بَ ْر‬ ِّ ‫ْتيَونََُ نر‬ َ َ َ َُ ْ ‫ََّ َُِْيًآَ*َو ْخف‬
ِ ِ ِ ِ
َ‫ا‬َ َِ ‫ا َفَإ ن ُ َََّآ َن َلألَ نو‬ َ ِ‫آَبَندُفُوس ُُ ْ ي َإنَتَ ُُونُو َ َ آا‬ ِ َ‫ري َ* َ َرَُُُّ ْ ي َأَ ْعنْلَ يُ َِِب‬
ًَ ‫َ غ‬
َ َِ ِِ ‫ن‬ ‫اَو َْ َ َ ل ن‬ ِ ‫ور َ*َ و ِ َذَ َ لقُْ ىَس نق َُو ل ِْم‬
َ ُ‫ن‬ ْ َ َْ ًَ ُ‫َف‬
)14- 11 8:‫(اإلرسزا‬
And your Lord has decreed that you not worship
except Him, and to parents, good treatment.
Whether one or both of them reach old age [while]
with you, say not to them [so much as], “uff” and do
not repel them but speak to them a noble word.. *

And lower to them the wing of humility out of mercy
and say, “My Lord, have mercy upon them as they
brought me up [when I was] small.” * Your Lord is
most knowing of what is within yourselves. If you
should be righteous [in intention] then indeed He is
ever, to the often returning [to Him], Forgiving. *
And give the relative his right, and [also] the poor
and the traveler... (17: 23-26)
„Abdullah bin Mas‟ood (may Allah be pleased with him)
narrated:
I asked the Messenger of Allah (may blessings and
peace be upon him), “What deed is most beloved to
Allah the Exalted?” He responded, “Performing the
prayer on time.” I said, “Then what?” He answered,
“Being good to one‟s parents.” I said, “Then what?”
He answered, “Jihad for the sake of Allah.” 1
Abu Hurayrah (may Allah be pleased with him) reported
said, “No child has can ever repay his father until he finds him
enslaved and buys him and sets him free.” 2
Abu Hurayrah (may Allah be pleased with him) also
upon him) said, “He who believes in Allah and the Last Day, let
him show hospitality to his guest; and he who believes in Allah
and the Last Day, let him maintain his uterine ties; and he who
believes in Allah and the Last Day let him speak good or
remain silent”.3
It was also reported from him (may Allah be pleased with
him) that a man went to the Messenger of Allah (may blessings and
peace be upon him) and said, “O Messenger of Allah! Who is most
deserving of my good treatment? He replied, “Your mother.” The
1
2
3
man asked, “Then who?” He said, “Then your mother.” The man
asked, “Then who?” He answered “Then your mother.” The man
asked, “Then who?” He answered, “Then your father.”1
Abu Hurayrah (may Allah be pleased with him) also
reported that the Prophet (may blessings and peace be upon him)
said, “May his nose be rubbed in the dust! May his nose be
rubbed in the dust! May his nose be rubbed in the dust! The
one who sees one or both of his parents during their old age but
does not [work to] enter Paradise [by treating them well].” 2
It was reported by Anas (may Allah be pleased with him)
said, “Whoever would like to have his provision expanded and
his lifespan extended, let him uphold the ties of kinship.”3
Anas (may Allah be pleased with him) also narrated that
Abu Talhah was the wealthiest person of the Ansaar in Madinah in
palm trees. The most beloved of his wealth was Bayrhaa, which
was the area in front of the mosque. The Messenger of Allah (may
blessings and peace be upon him) would enter it and drink sweet
water from it. Then the verse of the Qur‟an was revealed:
ُِ ‫ْاَس نََتُد ْ ِف ُقو َِّمن‬
)71 8ٌ‫ (آل عًزا‬‫ن‬
َ ‫آََتُّ ِو‬ َ ‫لَ ْ ََتدَآلُو َ لِ ن‬
Never will you attain the good [reward] until you
spend [in the way of Allah] from that which you
love. And whatever you spend indeed, Allah is
Knowing of it. (3: 92)
Abu Talhah stood before the Messenger of Allah (may blessings
and peace be upon him) and said:
O Messenger of Allah, Allah the Blessed and Exalted says,
Never will you attain the good [reward] until you spend
[in the way of Allah] from that which you love and there is
nothing that I love more than Bayrhaa, so I give it in charity
for the sake of Allah, and I hope to find its goodness and
1
2
3
treasure with Allah the Exalted. So do whatever Allah

guides you to do with it.
The Prophet (may blessings and peace be upon him) said,
“Excellent! That is profitable wealth! That is profitable wealth!
I heard what you have said, and it is my opinion that you
should give it to your relatives.” Abu Talhah said, “I shall do
that, O Messenger of Allah.” So he divided it between his maternal
relatives and his paternal cousins.1
„Abdullah ibn „Amr ibn Al-‟Aas (may Allah be pleased with
him) reported that one day a man went to the Prophet of Allah
(may blessings and peace be upon him) and said, “I give my
allegiance to perform Hijrah (pilgrimage) and Jihad, and I beseech
a reward from Allah in return for this.” The Messenger of Allah
(may blessings and peace be upon him) replied, “Are either of
your parents alive?” He answered, “Yes, both my father and
mother are alive.” Thereupon the Prophet of Allah (may blessings
and peace be upon him) said, “Well then do you really want to
receive a reward from Allah?” The man replied, “Yes.” The Holy
Prophet (may blessings and peace be upon him) said, “Then go
back and attend to your parents and serve them well ”.2
Similarly, in another narration reported from them, it was reported
that a man went to the Messenger of Allah and asked for
permission to go for Jihad. He asked the man, “Are your parents
alive?” He answered, “Yes” upon which the Prophet (may
blessings and peace be upon him) said, Then perform your jihad
with respect to them [work hard to take care of them].”
It was narrated from „A‟ishah (may Allah be pleased with
her) that the Messenger of Allah (may blessings and peace be upon
him) said, “The uterine ties cling to the throne of Allah saying,
“Whoever keeps my ties, Allah will keep ties with him, and
whoever cuts me off, Allah will cut him off.” 3
It was reported that the Mother of the Believers,
1
2
Saheeh hadith, reported by Al-Bukhari and Muslim and the wording is from Muslim.
3
Maimunah bint Al-Haarith, freed a girl born as her slave without

asking for the Prophet‟s permission (may blessings and peace be
upon him). When it was her day and he came to her, she mentioned
this to him saying, “I freed my baby girl slave.” He replied, “Did
you do that?” She said, “Yes.” He said, “If you had given her to
your maternal uncles as a gift, your reward (with Allah) would
have been greater.”
It was related from Zaynab Al-Thaqafiyyah, the wife of
Àbdullah ibn Mas„ood (may Allah be pleased with them) that she
said:
The Prophet (may blessings and peace be upon him) told us,
“O women, give charity even if it is from your jewelry”. I
went back to Àbdullah ibn Mas„ood and told him. “You are
a man of little wealth, and the Prophet (may blessings and
peace be upon him) has commanded us to give charity, so go
and ask him whether it is permissible for me to give you
charity. If it is, I will do so; if it is not, I will give charity to
someone else.” Àbdullah said, “No, you go and ask.” So I
went, and I found a woman of the Ansaar at the Prophet‟s
door, who also had the same question. We felt too shy to go
in, out of respect, so when Bilaal came out we told him, “Go
and tell the Messenger of Allah that there are two women at
the door asking you whether or not it is permissible for them
to give charity to their husbands and the orphans in their
care? But do not tell him who we are.‟“
So Bilaal went in and asked the Prophet (may blessings and
peace be upon him), who said, “They will have two
rewards; one for upholding the kindred ties, and the
other for giving charity.” 1
It was related from Abu Sufyaan, Sakhr ibn Harb, in his long
hadith relating the encounter with Heraclius, that Heraclius asked,
“What does he [the Prophet (may blessings and peace be upon
him)] order you to do?” He said:
1
I told him, “He tells us to worship Allah and Allah alone

and not to worship anything along with Him, and to
renounce all that our ancestors used to say. He orders us to
pray, to speak the truth, to be chaste and to keep good
relations with our relatives.”1
It was reported by Abu Dharr (may Allah be pleased with
him) said, “You will conquer Egypt which is a land where the
qirat is used, so treat the people well. They have the right to
security and ties of kinship.” In another narration it was related,
“When you conquer it, be good to its people. They have a right
to security and ties of kinship,” or he said, “a right to security
and ties of marriage.” 2 The scholars explained this, saying, “The
ties of kinship come from the fact that Hajar, the mother of
Isma‟eel, was from them, and the ties of marriage come from the
fact that Maria, the mother of Ibraheem, (the son of the Messenger
of Allah) may Allah bless him and grant him peace, was from
them.”
It was related from Abu Ayyoob Khaalid ibn Zayd Al-
Ansaari (may Allah be pleased with him) that a man said, “O
Messenger of Allah, inform me of a deed that I can do, which will
enter me into Paradise and distance me from the Fire.” The Prophet
(may blessings and peace be upon him) said, “Worship Allah and
do not associate any other with Him, and perform the prayer
and give the obligatory zakaah, and maintain uterine ties.” 3
It was narrated by Salmaan ibn „Aamir (may Allah be
upon him) said, “Giving charity to a poor person is one charity,
and giving to one‟s relative is two: charity and maintaining
ties.” 4
It was reported by Al-Bara‟ ibn „Aazib (may Allah be
1
2
3
4
upon him) said, “The maternal aunt‟s position is like the
mother‟s.” 1
***
Article (133)
The Importance of Maintaining Uterine Ties
1. Islam places great importance on maintaining uterine
ties and building this relationship, just as it also strongly
warns against severing them.
2. Using the expression “uterine ties” to refer to ties of
kinship is a reminder that the mother‟s womb is the
place of a divine miracle and a reminder of Allah‟s
ability to create man from nothing; thus strengthening
the religious deterrent within man and encouraging him
to fulfill the rights of his relatives.

* Clause (1):
The first Clause of this Article explains the importance of
uterine ties and the necessity of taking good care to maintain them,
just as it also strongly warns against severing them. With respect to
the first issue, copious evidence has already been presented in
Clause (3) of the previous Article to indicate the obligation of
taking care to maintain these ties. As for the strong warning against
severing these ties; it is indicted by the following Shari‟ah texts:
َ*َ ‫ض َوتُد َق ِّ ُعو َأ َْر َس َآَُُ ْ ي‬
ِ ‫ن ْدتُ ْ ي َإن ََتد َولن ْدتُ ْ ي َأَن َتُد ْف ِن ُكو َِب َ ألَ ْر‬َ ‫ َفد َه َْ َ َع‬
)11- 11 8‫ (دمحم‬‫آرُف َْ ي‬ ِ َ ِ‫أُوَلئ‬
َ‫ص‬ َ ََْ‫كَ َليي َ ََل َعَد ُه ُ يَ نَُِ َفأَ َ نم ُه ْ يَوأَ ْع َمىَأ‬ ْ
So would you perhaps, if you turned away, cause
corruption on earth and sever your [ties of]
relationship? * Those [who do so] are the ones that
Allah has cursed, so He deafened them and blinded
1
their vision. (47: 22-23)
َ‫ِ ََِ ْ َََد ْع ِك ََِ َثآنِ ِ َويَد ْق َ ُعو َن َ ََآ َأ َََ َْ َ نُِ ََِ ِ َأَن‬
ِ‫ضو َن َ َع ْه َك َ ن‬
ُ ُ‫ و لن ِيي َ َيَ ق‬
ِ‫َسو ُ َ ل نك َر‬ َ ِ‫ض َأ ُْولَئ‬
ُ ‫ك َ َهلُ يُ َ لنْلن ْعَيُ َوَهلُ ْ ي‬ ِ ‫يُو َ ََ َويدُ ْف ِن ُكونَ َِب َ ألَ ْر‬
)13 8‫(انزعد‬
But those who break the covenant of Allah after
contracting it and sever that which Allah has
ordered to be joined and spread corruption on earth,
for them is the curse, and they will have the worst
home. (13: 25)
Abu Bakrah Nufai‟ ibn Al-Haarith related that the Holy
Prophet (may blessings and peace be upon him) said, Shall I tell
you what are the greatest of the major sins? (He repeated this
three times). We said, “Certainly, O Messenger of Allah.” He
said, “Association of others with Allah, disobedience of parents
(he had been leaning on a pillow, and suddenly he sat up and said)
and telling a lie or bearing false witness.” He repeated these last
words so many times that we wished he would stop.1
„Abdullah ibn „Amr ibn Al-‟As related that the Holy Prophet
(may blessings and peace be upon him) said, “The Major sins are
worshipping others with Allah, abusing one‟s parents, taking a
life, and making a false oath intentionally.” 2
He (may Allah be pleased with him) also reported that the
Messenger of Allah (may blessings and peace be upon him) said
that abusing one‟s parents is a major sin. He was asked, “O
Messenger of Allah, does a person abuse his parents?” He
answered, “Yes, if he abuses a person‟s father, the latter would
in turn abuse his father; and if he abuses another person‟s
mother, the latter would in turn abuse his mother.” 3
It was related by Abu Muhammad, Jubayr ibn Muti‟m (may
Allah be pleased with him) that the Holy Prophet (may blessings
and peace be upon him) said, “He who cuts asunder the ties of
1
2
Saheeh hadith, reported by Al-Bukhari .
3
kinship will not enter Paradise.” 1

Abu „Isa Al-Mugheerah ibn Shu‟bah (may Allah be pleased
with him) related that the Holy Prophet said, “Allah has forbidden
you from disobeying your mothers, miserliness, false claims,
and the burying alive of female infants and has disapproved for
you idle talk, asking too many unnecessary questions, and
wasting wealth.” 2
* Clause (2):
Clause (2) of this Article explains the wisdom in using the
expression “uterine ties” to also include relatives who are related
through ties of lineage [which are derived from the father‟s side], as
the term is a reminder of the mother‟s distinguished position in
consideration of the fact that her womb is the place of this divine
miracle in the creation of man.
Article (134)
Means and Mechanisms for Maintaining Uterine Ties
1. Islam has based the principles of inheritance, priority in
social takaaful, and the foundation of the social structure
on uterine ties, to be the deepest and most important
social connections and in order to create social cohesion
and provide for the society's continuity.
2. Islam emphasizes that an appropriate level of love, good
relations and equitable interaction must be maintained
and that uterine ties should never be denied, no matter
the extent of the conflict or the differences in sect or
belief.
3. Islam stresses the importance of sharing advice,
providing support, and taking relatives‟ priority into
account.

1
2
This Article clarifies the means and mechanisms of

maintaining uterine ties in Islam, which are mentioned in the
following Clauses:
*Clause (1):
This Clause explains that Islam made the uterine ties the
basis for the rules of inheritance. Allah the Exalted says:
ِ ِ َ‫الد َُّ ي َلِنْل نيََّ ِْ ََِ ْث‬ ِ ِ
َ‫ن آ ً َ َفد ْو َق‬َ ‫َس ّظ َ ألُنَثدَد ْ ِا َفَإن َ َُّ ن َن‬ َ ُ ْ ‫ يُو ُُ ُ ي َ نُِ َِب َأ َْو‬
ََِّ ُُ ِ‫َّ َوألَََد َويِْ َل‬
ُ ‫ص‬ ْ ِّ‫ت َو ِس َك ً َ َفدنْلَ َهآَ ل‬ ْ َ‫آََآََتد َْ َك َوإن َََّآن‬ َ ‫ثدَْدَتد ْ ِا َ َفدنْلَ ُه ن َثدُنْلَُث‬
ِ ‫لن ُك‬ َِّ ‫و ِس ٍك‬
َ ‫س َّمنآََتد َْ َك َإن َََّآ َن ََل َُوَل ٌك َ َفإنَنَلَْيَ ُُ َلن َُوَل ٌك‬
َُ َ‫َووِرث‬ ُ ُّ َ‫ََ ْد ُه َمآ‬
َ‫س ََِ ْ َََد ْع ِكَو ِ ن ٍيَيُو ِ ي‬ ُ ‫لن ُك‬ُّ َ ِ َُِّ‫ثَفَإن َََّآ َنَلَ َُإ ْخ َو ٌَفَأل‬ ُ ُ‫أَََد َو هَُفَألَُِّ ِ َ لُّثدنْل‬
َ َ ََِّ ً‫ضي‬ ُ َْْ ‫ِِبَآ َأ َْو َ َديْ ٍ َ َ ُؤَُّ ْ ي َوأََْدَآ ُؤَُّ ْ ي َال َتَ ْكرُو َن َأَيدَُّ ُه ْ ي َأَند‬
َ ‫ب َلَ ُُ ْ ي َندَ ْف ًعآ َفَ ِْي‬
ٌََْ‫ث َََّللَيًَأَ ِوَ َْ َأ‬ ُ ‫ور‬ ِ ‫َِإ ننَ نِ َََّآ َنَ َعنْلِ م‬ ِ‫ن‬
َ ُ‫َر ُج ٌََي‬ َ ‫وإن َََّآ َن‬.....َ*َ‫آَسُ ًمآ‬ َ ً َ
َ‫ك‬ َ ِ‫س َفَإن َََّآنُو َأَ ََّْثد َْ ََِ َذَل‬ ُ ‫لن ُك‬ ُّ َ‫ت َفَنْلِ ُُ َِّ َو ِس ٍك ََِّ ْد ُه َمآ‬ ٌ ‫خ َأ َْو َأُ ْخ‬ ٌ َ‫ولَ َُأ‬
َ‫ضآ ّرٍَو ِ ن ًي‬ ٍ
ِ َ ‫ث ََ ْ ََد ْعك َو ِ ني َيو‬
َ ََُ َْ ‫ىَِبَآَأ َْو َ َديْ ٍ َ َ ْد‬ ِ ِ ِ ُ‫َفد ُه ي َ ََُّْآ َِبَ لُّثدنْل‬
ُ َ ُ َ ْ
)21- 22 8:‫ (انُسا‬‫َسنْلِ ٌَ ي‬ ِ‫َِو نَِ َعنْل‬
َ ٌ ُ ‫َّ َ َ ن‬
‫ ي‬ ِ ِ
Allah instructs you concerning your children: for
the male, what is equal to the share of two females.
But if there are [only] daughters, two or more, for
them is two thirds of one‟s estate. And if there is
only one, for her is half. And for one‟s parents, to
each one of them is a sixth of his estate if he left
children. But if he had no children and the parents
[alone] inherit from him, then for his mother is one
third. And if he had brothers [or sisters], for his
mother is a sixth, after any bequest he [may have]
made or debt. Your parents or your children you
know not which of them are nearest to you in
benefit. [These shares are] an obligation [imposed]
by Allah. Indeed, Allah is ever Knowing and Wise. *
And for you is half of what your wives leave if they
have no child. But if they have a child, for you is
one fourth of what they leave, after any bequest they
[may have] made or debt. And for the wives is one
fourth if you leave no child. But if you leave a child,
then for them is an eighth of what you leave, after

any bequest you [may have] made or debt. And if a
man or woman leaves neither ascendants nor
descendants but has a brother or a sister, then for
each one of them is a sixth. But if they are more
than two, they share a third, after any bequest
which was made or debt, as long as there is no
detriment [caused]. [This is] an ordinance from
Allah, and Allah is Knowing and Forbearing.
(4: 11-12)
This verse of the Qur‟an is specific to the half-siblings from the
mother‟s side. With regard to full brothers and sisters or half-
siblings from the father‟s side Allah the Exalted says:
ِ ‫َُِيد ْفتِ ُُ ي َِب َ ل َُللَ ِي‬
َُ َ‫س َلَ َُولَ ٌك َول‬ َ ْ َ‫ك َل‬
َ َ‫َإن َ َْ ٌُْؤ ََفنْل‬ ْ ُ َ‫ك َنُ َِ َ ن‬ َ َ‫نَتد ْفتُون‬ ْ َ‫ي‬
َ ‫َوف َوَيَ ِْثدَُه آَإنَنَلَْيَ ُُ نَهلَآَوَل ٌكَ َفإن َََّآنَدَتآَ ثْدَد َتد ْ ِا‬
ُ ‫َّ َََآََتد َْ َك‬
ُ ‫ص‬ ْ ِ‫تَ َفد َنْل َهآَن‬
ٌ ‫أُ ْخ‬
َ‫َس ِّظ‬ ِ ِ
َ َُ ‫نآ ً َفَنْلنْلَنيََّ ِْ ََ ْث‬
ِ
َ ‫َر َجآالَون‬ ِّ ً ‫آن َِّمنآ ََتد َْ َك َوإن َََّآنُو َإ ْخ َو‬
ِ ‫َفدنْلَ ُهمآ َ لُّثدنْلَُث‬
َ
ِ ٍ ِ ِ ُّ ِ ِ ِ
)254 8:‫ (انُسا‬‫ُ ََّ َ ْي َ َعنْل ٌَ ي‬ ُ ََُِ‫اَ نَُِلَ ُُ ْ يَأَنَتَضنْلو َو ن‬ ُ ّ ‫ألُنَثدَد ْاَيدَُ ِد‬
They request from you a [legal] ruling. Say, Allah
gives you a ruling concerning one having neither
descendants nor ascendants [as heirs].” If a man
dies, leaving no child but [only] a sister, she will
have half of what he left. And he inherits from her
if she [dies and] has no child. But if there are two
sisters [or more], they will have two-thirds of what
he left. If there are both brothers and sisters, the
male will have the share of two females. Allah
makes clear to you [His law], lest you go astray.
And Allah is Knowing of all things. (4: 176)
Clause (1) also clarifies that Islam has made uterine ties a priority
in social takaaful (solidarity) and that they are the basis for the
social structure, and are considered the deepest and most important
societal tie that works towards achieving social cohesion and its
continuity. This is evidenced by the Shari‟ah texts that were
mentioned in the previous two Articles.
* Article (2):
This Article mentions that an appropriate level of

love, good relations and equitable interaction must be maintained
and that uterine ties should never be denied, no matter the extent of
the conflict or the differences in sect or belief. This is also
evidenced by the texts in the previous two Articles as well as by the
following Shari‟ah texts:
ِ ‫صآلُ ُ َِبَ َعآَ ْ ِاَأ‬ ِ ََ ِْ‫إلننآ َنََِ َو لِ َكي‬
َ‫َن‬ َ َ ‫َْتنْلَ ْت َُأ َُُّ َُو ْفًآَ َعنْلَىَو ْف ٍ َوف‬ َ َ‫وو ن ْدَآ‬ َ 
َ‫س‬ َ ْ َ‫ش ِْ َك َِِب َََآَل‬
ْ ُ‫إنَج َآف َك َكَ َعنْلَىَأَنَت‬ َ ‫َإِلَ ملَصريَُ*َ و‬
ِ ‫ك َن‬ َ ْ‫َولِ َو لِ َكي‬
َ ‫ْ ُُ ْْ َِِل‬
َ ْ َََ ََ ِِ ‫َس‬ ِ ِ ِ ِ َ ‫َل‬
َ ‫ك ََِ َعنْلْ يٌ َ َفل َتُ ْع ُه َمآ َو َ آس ْ ِد ُه َمآ َِب َ ُّلكنْدَآ َََ ْع ُْوًفآ َو تن ِِ ْع‬
)23- 22 8ٌ‫ (نمًا‬‫ن‬ ِ ُُ ُ‫نَإِل َََ ْْ ِج ُع ُُ ْ يَفَأُنَدّ ِِئ‬
َ ‫ يَِبَآَ َُّ تُ ْ يََتد ْع َمَنْلُو‬ ‫َإِلَ ُُث َن‬
‫ب َن‬ َ َََ ‫أ‬
And We have enjoined upon man [care] for his
parents. His mother carried him, [increasing her] in
weakness upon weakness, and his weaning is in two
years. Be grateful to Me and to your parents; to Me
is the [final] destination. * But if they endeavor to
make you associate with Me that of which you have
no knowledge, do not obey them but accompany
them in [this] world with appropriate kindness and
follow the way of those who turn back to Me [in
repentance]. Then to Me will be your return, and I
will inform you about what you used to do. (31: 14-
15)
Abu Hurayrah reported that a man said to the Holy Prophet
(may blessings and peace be upon him), “O Messenger of Allah,
my relatives are such that I join the ties of kinship with them and
they cut them asunder, and I am benevolent towards them and they
mistreat me, and I deal with them with forbearance and they are
churlish.” He replied, “If you are as you have said, you are
feeding them hot ash; and so long as you continue as you are,
you will always have assistance from Allah against them.” 1
It was related from Asmaa‟ bint Abi Bakr As-Siddeeq (may
Allah be pleased with them) that she said:
My mother came to me, and she was a polytheist during the
1
time of the Messenger of Allah (may blessings and peace be

upon him) so I asked the Messenger of Allah (may blessings
and peace be upon him) saying, “My mother has come and
she wants me to give her something. Should I do so to
maintain the ties between us?” He answered, “Yes,
1
maintain the ties with your mother.”
It was also reported by „Abdullah ibn „Amr (may Allah be
pleased with him) that the Messenger of Allah said, “The person
who maintains ties of kinship is not he who [merely]
reciprocates, rather it is he who maintains the ties, even if they
are cut [by others].” 2
***
1
2
Section Three
Financial Support
This Section discusses the rulings related to financial support

considering that it is one of the features of the small and large family.
It discusses financial support from the aspect of it being the most
important means of takaaful. It then clarifies the financial support of
the wife, minor children and all others who fall under the same ruling;
as well as for the poor who have the ability to earn a living, for the
unmarried woman, and finally, for the poor who are not able to earn a
living. These topics are covered in five articles.
Article (135)
Financial Support is One of the Most Important Means of
Takaaful
Islam is distinguished by the institution of a precise
system of obligation to provide financial support between
family members, as well as between individuals and the
government. This system forms an integral part of the social
takaaful system in Islam, with both supporting each other to
meet the needs of the poor, the weak, and those who have
special needs.

This Article discusses the importance of the integration of
the Islamic legislation to achieve takaaful in the society.
Realistically, it is impossible for the state to fulfill the society‟s
needs by itself; particularly for the poor, the needy, and those with
special needs. For this reason, the role of the individual is
emphasized, considering him to be a member of the small family as
well as the large family to work together in an integrated manner
with the government to meet the needs of the society. This role was
not left to the whims and aims of individuals or according to their
personal desires. Rather, it is a role that is organized in a precise
manner to achieve its aim of social takaaful in Islam. This shall be
explained in the forthcoming Articles.
Article (136)
Financial Support for the Wife, Minor Children, and Others Who
Fall Under the Same Category
1. Anyone who is financially sound and has wealth, whether
male or female, young or old, shall be supported from his
own wealth, with the exception of the wife; in her case all
of her financial support – including medical treatment –
is the obligation of the husband, even if she is financially
well off.
2. Small needy children shall be provided for by their
father, even if he is poor. The responsibility for
providing them may be undertaken by the mother if she
is financially well off, or by the closest relative who has
sufficient finances, however, whatever is spent on the
children will be considered a debt for which the father is
responsible according to details that can be referred to in
books of Fiqh. The same ruling applies to adult children
if they are unable to provide for themselves de facto or de
jure. In the case of a girl, she shall continue to be
supported financially until she gets married and moves
to her husband‟s home, at which time the obligation to
provide for her financially is transferred to her husband.

This Article discusses some of the rulings related to financial
support:
* Clause (1):
This Clause mentions that anyone who is financially solvent
and has wealth, whether he is male or female, or young or old, shall
be supported from his own wealth. This is evidenced by the
following Shari‟ah texts:
It was related by Abu Hurayrah (may Allah be pleased with
him) said, “Give charity.” A man said, “I have one dinar.”

The Prophet (may blessings and peace be upon him) told him,
“Spend it in charity on yourself.” The man said, “I have another
dinar.” The Prophet (may blessings and peace be upon him) said,
“Spend it in charity on your wife.” The man said, “I have
another dinar.” The Prophet (may blessings and peace be upon
him) said, “Spend it in charity on your child.” The man said, “I
have another dinar.” The Prophet (may blessings and peace be upon
him) said, “Spend it in charity on your servant.” The man said,
“I have another dinar.” The Prophet (may blessings and peace be
upon him) told him, “You know better what to do with it.” 1
It was related by Jaabir ibn „Abdullah that the Prophet (may
Start with yourself and give charity to yourself, and if
anything is left, give it to your family, and if anything is
left after that give it to your relatives, and if anything is
left after that, then give it to so and so and so and so. 2
Clause (1) makes an exception with regard to the wife, and
mentions that all forms of her financial support, including medical
treatment, are the responsibility of the husband, even if she is well
off. The bases for this have been previously mentioned. 3
* Clause (2):
This clause mentions that small needy children shall be
provided for by their father, even if he is poor. If he is unable to
provide for them, the mother shall undertake this responsibility if
she is financially well off, or the closest relative who is financially
well off. However, it will be considered a debt for which the father
is responsible according to details that can be referred to in books
of Fiqh. Clause (2) also mentions that the same ruling applies to
adult children if they are unable to provide for themselves de facto
or de jure. In the case of a girl, she shall continue to be supported
1
Saheeh hadith, reported by Ahmad, An-Nasaa‟i, and Abu Dawood (however, in his
narration he mentioned the child before the wife).
2
3
See Article (70) in Part II, of Section Four of Chapter III.
financially until she gets married and moves to her husband‟s

home; at which time the obligation to provide for her financially is
transferred to her husband. The evidence for these points has been
previously explained.1
De facto inability to provide for oneself includes situations
such as that of a small child who has not reached the minimum age
to work, or an adult who has a condition that prevents him from
earning a living. This could be due to a deficiency in his mind such
as mental incompetence or insanity, a physical disability such as
blindness paralysis, amputation of both arms or both legs, or due
to a disease that prevents him from being able to earn a living.
De jure inability to earn a living refers to cases such as
being a student or due to widespread unemployment such that he is
not able to find employment.
***
Article (137)
Financial Support for the Poor Who are Capable of Earning
a Living
In the case of a man who is poor and does not have any
wealth, or whose wealth is not sufficient for him; if he is
capable of working he must search for sui table work to suffice
him and it is the responsibility of his guardian to help him
financially and assist him to find suitable work.

The meaning of this Article is evidenced by the following
texts:
The Words of Allah the Exalted:
ِ‫ض َِ َ ن‬
َ ‫ِ َو ذْ َُّ ُْو‬ ْ َ‫ض َو َْدَتدغُو ََِ َف‬
ِ ‫آنت ِش ُْو َِب َ ألَ ْر‬ ِ ‫ض‬ ِ
َ َ‫صل َُف‬ ‫تَ ل ن‬ َ ُ‫فَإذَ َن‬
)27 8‫ (انجًعت‬‫ن‬ َ ‫ري َلن َعنْلن ُُ ْ يَتُد ْفنْلِ َُو‬ ِ
ًَ ‫لَ ُّ َُ َهَََّث‬
ّ
And when the prayer has been concluded, disperse
1
See Article (107) of Section Three of Chapter IV.
within the land and seek from the bounty of Allah,

and remember Allah often that you may succeed.
(62: 10)
It was related from Abu „Abdullah Az-Zubayr ibn Al-
‟Awwaam that the Prophet, (may blessings and peace be upon
him), said, “It is better for one of you to take a rope and bring a
faggot of firewood on his back and sell it so that Allah gives him
what he needs, than for him to ask people who may give to him
or refuse.” 1
It was related from Abu Hurayrah that the Messenger of
Allah, (may blessings and peace be upon him) said, “By the One in
Whose Hand my soul rests, it is better for one of you to take a
rope and carry firewood on his back than for him to go to a
man to beg from him ,who then gives to him or refuses to
give.” 2 He also narrated that the Messenger of Allah (may blessings
and peace be upon him) said, “David (peace be upon him) used to
not eat anything except that which he had earned by his own
hands.”3 He also related that Zakariyyah used to be a carpenter. 4
Al-Miqdaam ibn Ma‟dikarib (may Allah be pleased with
him) narrated that the Prophet (may blessings and peace be upon
him) said, No one has ever eaten food that is better than that
which he obtains by working with his own hands. The Prophet
of Allah, David, used to eat from what he earned by his own
labor.”5
It was narrated on the authority of Raafi‟ ibn Khudayj (may
blessings and peace be upon him) said, “The best earning is the
work a man does with his hands and every blessed sale” 6
It was related from Anis that a man of the Ansaar came to
1
2
3
4
5
6
Saheeh hadith, reported by Al-Hakim and At-Tabarani.
the Prophet (may blessings and peace be upon him) to beg from
him. The Prophet asked him, “Have you nothing in your house?”
He replied, “Yes, a piece of cloth, a part of which we wear and a
part of which we spread (on the ground), and a wooden bowl from
which we drink water.” He said, “Bring them to me.” He then
brought the articles to him and the Prophet (may blessings and
peace be upon him) took them in his hands and asked, “Who will
buy these?” A man said, “I will buy them for one dirham.” He
repeated twice or thrice, “Who will offer more than one
dirham?” A man said, “I will buy them for two dirhams.” He
gave these to him and took the two dirhams and then gave them to
the man from the Ansaar and said, “Buy food with one dirham to
give to your family, and with the other, buy an axe and bring it
to me.” He did so and then brought it to him. The Apostle of Allah
(peace be upon him) fixed a handle on it with his own hands and
said, “Go, gather firewood and sell it, and do not let me see you
for a fortnight.” The man went away and gathered firewood and
sold it. When he had earned ten dirhams, he came to the Prophet
(may the blessings and peace of Allah be upon him) and bought a
garment and food with some of what he had earned. The Apostle
of Allah (peace be upon him) then said, “This is better for you
than for begging to come as a spot on your face on the Day of
Judgment. Begging is only suitable for three people: one who is
in grinding poverty, one who is seriously in debt, or one who
must pay blood money.” 1
***
Article (138)
Financial Support for Unmarried Women
1. Unmarried women or those who are divorced or
widowed and who have completed their waiting periods
and have wealth shall support themselves from it.
However, in the case that the woman does not have any
wealth, she is not obliged to look for work, and she shall
1
Hasan hadith, reported by Abu Dawood and Ibn Maajah.
be supported by her guardian or by her closest

relatives. Thus, her financial support is incumbent upon
her son, her father, her brother, her grandfather or
paternal uncle, etc. If there is more than one relative at
the same level of proximity who is responsible for her
financial support, then it shall be divided between them
according to the financial situation of each, or it may be
divided equally between them. Similarly, if there are a
number of women to be supported, the order of priority
of entitlement should be observed according to the
details mentioned in the Shari‟ah rulings.
2. If an unmarried woman earns her living by means of
suitable work, then she is obliged to support herself from
her own earnings.
3. If the woman does not have any relatives, wealth, or
earnings, or if what she has is not sufficient for her, then
a sufficient income should be allotted for her to be paid
from zakaah or sadaqah funds, or from the person in
charge of the Muslim treasury.

This Article discusses the financial support that is due for
unmarried women and others who fall under the same ruling.
Scholars of Islamic jurisprudence have agreed on that which is
stated in the Article.1
***
Article (139)
Financial Support for the Poor Who are Unable to Make a Living
1
See Fath Al-Qadeer by Ibn Al-Hamam, vol. 4, pg. 217, and Kitaab An-Nafaqaaat by
Al-Khassaaf Al-Hanafi, pg. 71, and the same meaning was reported from Abu
Haneefah who wrote Takmilat Al-Majmou‟ vol. 18, pg. 300. See also Al-Mughni by
Ibn Qudamah, vol. 11, pg. 378, and At-Taj wal-Ikleel Sharh Mukhtasir Khaleel, vol.
4, pg. 208, and Nihayat Al-Muhtaj Ila Sharh Al-Minhaj by Ar-Ramli, vol. 7, pg. 219,
and Fath Al-Baari, vol. 9, pg. 501, and Al-Ashbah Wan-Natha‟ir by As-Suyouti, pg.
413, and Al-Muhilla by Ibn Hazim, vol. 10, pg. 102.
The financial support for a poor man who is unable to

make a living or who is actually unable to find suitable work
shall be provided by his closest relative who is financially
solvent, such as his children if they have the finances to do so,
or his next closest relatives if his children do not. If there is
more than one person at the same level of proximity who is
capable of providing, then the support shall be divided between
them according to the details mentioned in the rulings of
Islamic Shari‟ah, taking into consideration his right to receive
funds from obligatory zakaah and voluntary sadaqah1. If this is
not enough to meet his basic needs, and he has no relatives who
are financially well off and who are obliged to support him
financially, then the obligation shall be transferred to the
Muslim treasury. If there are not enough funds in the treasury
to meet the needs of the poor, then it is up to the leader of the
Muslims to invest the wealth of the rich to meet the needs of the
poor.

This Article discusses financial support for those who are
not capable of working or who actually cannot find suitable work.
* Firstly: Their financial support is the responsibility of the
closest relative who is financially stable; such as their children who
are well off, or those who come after them in proximity, if the
children are not well off. If there is more than one person capable
of fulfilling this obligation at the same level of proximity, the
obligation is to be divided between them according to the details
that are mentioned in the Shari‟ah rulings; taking into consideration
the person‟s right to funds from obligatory zakaah and voluntary
charity. This is evidenced by the following texts:
The hadiths which were previously mentioned in Article (136),
and the Words of Allah that indicate his right to funds from obligatory
zakaah and other obligatory financial sources, as well as from
voluntary charity the details of which are mentioned hereunder:
1
Sadaqah: A form of voluntary charity given by Muslims.
َِ ُْ َْ ‫نآِِ َِ َو ل َْم‬
- 12 8‫ (انًعارج‬ ‫وم‬ ‫ َلِنْل ن‬ٌَ‫َساٌّ َ نَ ْعنْلُوم‬ ِِ ِ
َ ‫ َو لنيي َ َِب َأ ََْ َو هل ْ ي‬
)13
And those within whose wealth is a known right *
For the beggar who asks, and for the unlucky who
has lost his property and wealth, (and his means of
living has been straitened); (70: 24-25)

ِِ ِ ‫ص َكنَآ ُ َلِنْلْفُ َقْ ِ َو لْم‬
َ َ َ ‫إ نَّنَآَ ل ن‬
ٌَ‫ِ َو نُِ َ َعنْلِ ي‬ ِ‫ض ًي ََِ َ ن‬
َ ّ َ ‫ن ِِ َِ َ َف ِْي‬ ‫ِ َو َْ ِ َ ل ن‬ ِ‫َوب َس ِِ َِ َ ن‬
َ ِ ‫ا‬
ِ َِ ‫ِّلَْن‬
َ َ‫آب َ و لْ َغآ ِر‬
)47 8‫ (انتىبت‬‫ُ ٌَ ي‬ ِ‫س‬
َ
Allah is Knowing and Wise. (9: 60)
)11 8‫ (انُىر‬‫ِ َ لَ ِييَ ََت َُّ َْ ي‬

ِ‫آلَ ن‬
َِ َ‫وف يََِّ َ ن‬
ُ ُ‫و ت‬
And give them from the wealth of Allah which He
has given you (24: 33)
It was narrated from Ibn „Abbaas (may Allah be pleased
upon him) said to Mu‟aadh ibn Jabal when he sent him to Yemen,
“And if they obey you in that, then inform them that Allah ha
made charity obligatory on them to be taken from their rich
and returned to their poor.” 1
It was related from Ibn „Umar (may Allah be pleased with
him) said, “Islam has been built on five [pillars]: To bear
witness that there is no God but Allah and that Muhammad is
the Messenger of Allah, and to perform the prayer, and pay the
zakaah, and perform the Pilgrimage and fast the month of
1
An-Nasaa‟i Ibn Maajah, Ad-Daarimi, and the wording is from Al-Bukhari.
Ramadan.” 1
With regard to vows:
)17 8‫ (انحج‬‫ورُف َْ ي‬
َ ‫ َولْ ُوفُو َنُ ُي‬
…and fulfill their vows … (22:29)
With regard to expiation:
ُّ ‫ ال َيدَُد ِخ ُي َُّ ُ ي َ نُِ َ ِ لنْلنغْ ِو َِب َأ َُْيَآنِ ُُ ْ ي َوَل َُِ َيدَُد ِخ ُي َُّ ي َِِبَآ َ َع نق‬
َ‫كُتُ َ ألَ ُْيَآ َن‬
ََ‫ا ََِ ْ َأ َْو َس ِ َََآ َتُ ْعِ ُمونَ َأَ ْفنْلِ ُُ ْ ي َأ َْو‬ َ َّ‫نآ‬
ِ ََ ِْ‫ش‬
َ َ َ َ ‫آم َ َع‬ ُ ‫آرتُ ُ َإط َْع‬ َ ‫فَ َُ نف‬
)67 8‫ (انًائدة‬‫ن َوتدُ ُه َْ ي‬ ِ
ْ َّ
Allah will not impose blame upon you for what is
meaningless in your oaths, but He will impose
blame upon you for [breaking] what you intended of
oaths. So its expiation is the feeding of ten needy
people from the average of that which you feed your
[own] families or clothing them ... (5: 89)
ُّ ُُ ََِ ُ َ‫َوَ َ َندَتدنْل‬

َ ‫ يَََتد َع ِّم ًك‬ َ ‫َس ٌُْم‬ ُ ‫صَْ َكَوأَنتُ ْ ي‬ ‫ ََيَأَيدُّ َهآَ لَ ِيي َ َ ََ ُو َالََتد ْقتُدنْلُو َ ل ن‬
َِ‫نع ِ ي َ َ ْ ُُ ُ ي ََِ ِ َذَ َو َ َع ْك ٍل ََِّ ُُ ْ ي ََف ْك ًَي َ َ لِ َغ َ ل َُ ْعَ ِي‬ ِ ِ
َ ‫فَ َُ َز ٌ ََّ ْث َُ َََآَ َندَت ََ ََ َ َ ل د‬
)73 8‫ (انًائدة‬ ‫ا‬ ََ َِّ‫نآ‬
َ َََ ‫آم‬ُ ‫آرٌَطَ َع‬ َ ‫أ َْوَََّ نف‬
O you who have believed, do not kill game while
you are in the state of ihram. And whoever of you
kills it intentionally the penalty is an equivalent
from sacrificial animals to what he killed, as judged
by two just men among you as an offering [to Allah]
delivered to the Ka„bah, or an expiation: the feeding
of needy people ... (5: 95)
َ َِ ِ ْ ‫َرَندَ ِ ٍي ََِّ َ َند‬ ِ ِ ِّ‫ و لن ِيي َيمَ ِآفْو َن ََِ َن‬
َ ْ‫نآِ ِه ْ ي َ ُُثنَيَدعُو ُدو َن َل َمآَنَآلُو َ َفدَت َْ ِْ ُي‬
َ ُ ُ َ
َ‫آم‬ ِ ِ ‫ن‬ ِ ِ ِ ِ ِ
ُ َ‫أَنَيَدَت َمآ نسآَذَل ُُ ْ يََتُو َعمُو َن ََ َو نَُِِبَآََتد ْع َمنْلُو َن َ َخ ِريٌَ* َفَ َم ََلْ َََ ْك َفَص‬
ِ ‫َ ْهْي ِ ََتدتآَِع ْ ِا ََِ َ َند ِ َِ َأَن َيدتمآ نسآ َفَم َنَل َينت ِ ع َفَإطْع‬
َ‫ا‬َ ِ‫آم َسّت‬ ُ َ ْ َْ َ ْ َ َ ََ ْ َ َ َُ ْ َ
)2- 1 8‫ (انًجادنت‬‫ُ ًَآ‬ ِ ‫َِن‬
1
ْ
And those who pronounce thihaar from their
1
Saheeh hadith, reported by Al-Bukhari, Muslim, At-Tirmidhi, and An-Nasaa‟i.
wives and then [wish to] go back on what they said

then [there must be] the freeing of a slave before
they touch one another. That is what you are
admonished thereby; and Allah is Acquainted with
what you do. * And he who does not find [a slave]
then a fast for two months consecutively before they
touch one another; and he who is unable then the
feeding of sixty poor persons… (58: 3-4)
َ ََِ َ ‫آم َََّ َمآ َ َُّتِ َ َ َعنْلَى َ لَ ِيي‬

ُ َ‫لص‬
ِ
ِّ َ ُ‫ ََي َأَيُّد َهآ َ لَيي َ َ ََ ُو َ َُّتِ َ َ َعنْلَ َُُْ ي‬
َ‫ضآَأ َْو َ َعنْلَى‬ً ‫َند ْ ِنْلِ ُُ ْ ي َلَ َعنْلن ُُ ْ ي ََتدنتدقُو َن َ* َأ نََي ًَآَ نَ ْع ُكو َد ٍ َفَ َم َََّآ َن ََِ ُُ يَ نَ ِْي‬
8‫ (انبمزة‬ ‫ا‬ ٍَ ُِ ‫ن‬ ِ ‫س َف ٍَْ َف ِع نك ٌ ََِ َأ نََيٍمَأُ َخَْو َع َنْلىَ َليِي َي ِ ُقونَ َُفِ ْكييٌَ َطع‬
ْ ََ‫آم‬ َُ َ ُ َ َ ّْ َ
)262- 261
O you who have believed, decreed upon you is
fasting as it was decreed upon those before you that
you may become righteous * [Fasting for] a limited
number of days. So whoever among you is ill or on
a journey [during them] then an equal number of
days [are to be made up]. And upon those who are
able [to fast, but with hardship] a ransom [as
substitute] of feeding a poor person [each day]...
(2: 183-184)
With regard to the Fitr Zakah:
It was narrated from Ibn „Umar (may Allah be pleased with
him) that he said:
The Messenger of Allah made the Fitr zakaah2
obligatory, one measure of dates, or barley to be paid
for the slave as well as the free person, for males and
females, and for the young and the old from among
the Muslims. He ordered that it should be paid
before the people go out to the prayer.3
1
Thihaar: A custom in which a man would say to his wife, “You are like the back of my
mother to me” thereby making sexual relations with her forbidden indefinitely.
2
The zakah that is to be paid upon the completion of the fast of Ramadan.
3
Another narration states, “Relieve them (the poor) from going

around (to beg) on that day.” 1
peace be upon him) made the Fitr zakaah obligatory to serve as
purification for the one fasting for any vain speech or indecent
behaviour; and also to serve as food for the needy. Whoever gives
it before the prayer [of „Id], it is accepted as zakaah, and whoever
gives it after the prayer, it is to be regarded as voluntary charity. 2
With regard to voluntary charity:
be pleased with him) that the Prophet (may blessings and peace be
upon him) said that there are seven who will be in the shade of
Allah on the day that there is no shade except His. Among those
mentioned in the hadith are, “A man who gives charity and keeps
it secret such that his left hand does not know what his right
hand has given.” 3
It was reported from „Uqbah ibn „Aamir (may Allah be
pleased with him) that he heard the Messenger of Allah (may
blessings and peace be upon him) say, “Everyone is in the shade
of his charity until all matters are settled between the people.”4
It was reported by Abu Sa‟eed Al-Khudri (may Allah be
peace be upon him) said, “Whoever has an extra mount should
give it to he who has none, and whoever has extra food should
give it to he who doesn‟t have any.” The narrator of the hadith
continued to mention different types of property until we thought
that no one had the right to any excess.5
* Secondly: The financial support of a needy person is due
1
Weak hadith, reported by Ad-Daraqutni and Ibn „Adiy.
2
Saheeh hadith, reported by Abu Dawood, Ibn Maajah, and Al-Hakim who classified it
as saheeh.
3
4
Saheeh hadith, reported by Ibn Hibbaan and Al-Hakim.
5
upon the Muslim treasury in the case that the obligatory

zakaah and voluntary charity is not sufficient to meet his basic
needs and he does not have a relative who is financially stable;
being that the relative is obligated to provide financial support for
him. This is indicated by the texts that were mentioned previously
in Article (109).1
* Thirdly: In the case that the Muslim treasury is unable to
meet the needs of the poor, it is the responsibility of the leader of
the Muslims to employ the wealth of the rich in a way that meets
the needs of the poor. This is indicated by the following texts:
َ َ ََ َ ْ َََ ‫لا‬ ‫َولَ ُِ ن َ ِ ن‬ َ ‫ب‬ ِ ِْ ْ‫َو ملَغ‬ ِ ْ َ‫وفُُ ي َنِ َِ َ مل‬
َ ‫ش ِْق‬ َ َ ْ َ ‫َو ُج‬ ُ ْ‫ْا َأنَتدُ َولُّو‬
‫س َ لِ ن‬
َ ْ َ‫ل‬
ِ ِ ِ ِ ِ ِ ِ ِ ِ ِ
َ‫آل َ َعنْلَىَ ُسّ ِ َذَ ِوي‬ َ َ‫َو َتىَ مل‬ َ ‫ا‬ َ ‫َو لن ِ ن‬
َ ‫َو ملَلِ َُي َو لَُتآب‬ َ ِْ ‫َو لَد ْوم َ آلخ‬ َ ِ‫ِ ن‬
ِ ‫ن ِِ َِ َو ل ن‬ ِ َ‫لقُْ ى َو ل دتآَى َو مل‬
َ ‫َوأنَ َآم‬
َ ‫آب‬ ِ َ‫َوِب َ ِلْن‬
ّ َ ‫ا‬ َ ‫نآِِنْل‬ َ ‫َو َْ َ َ ل ن‬ َ ‫ا‬ َ َّ‫نآ‬ َ َ َ ََ َ َْ
َ ِ‫أسآ‬َ َ ِ ‫ل‬ َ ِ
‫َب‬ ‫ي‬ْ ِ
َ ‫آ‬‫ص‬ ‫ل‬ ‫َو‬ ‫و‬ ‫ك‬ ‫آف‬ ‫ع‬ َ ‫ذ‬ ِ
‫إ‬ َ ‫ ي‬ ِ
‫ف‬ ِ
َ ‫َو تَى َ ل نزََّآ َ َ ُ ُ َ َ ْ ْ َ َ َ ُ ْ َ ن‬
ِ ‫ك‬ ‫ه‬ ‫ع‬ ِ
َ َ ‫ن‬‫و‬ ‫ف‬‫و‬ ‫مل‬ ‫َو‬ َ َ ‫صل‬ ‫لن‬
َ ِ‫َوأ ُْولَئ‬ ِ َ ِ‫أس َأُولَئ‬ ِ ِ ْ‫ض ن‬
8‫ (انبمزة‬ َ‫َف ُ ي َ ملُنتدقُون‬ ُ‫ك‬ َ ْ‫ك َ لنيي َ َ َ َكنُو‬ ْ ِ ِ َ‫ا َ ل‬ َ ‫َوس‬
َ ‫َو ل ن‬
)255
Righteousness is not that you turn your faces
freeing slaves; [and who] establishes prayer and
gives zakaah; [those who] fulfill their promise when
they promise; and [those who] are patient in poverty
and hardship and during battle. Those are the ones
who have been true, and it is those who are the
righteous. (2: 177)
Giving wealth to relatives, orphans, the poor and travelers,
etc. despite one‟s love for it has been made one of the pillars and
components of righteousness. After this, performing the prayer and
giving zakaah was mentioned. The principle in the Arabic language
states that when one word is linked to another with Arabic
1
In Section Four of Chapter IV.
equivalent of the conjunction “and”, it necessarily means that the

two things are not the same. This indicates that the general giving
of wealth that is mentioned in the beginning of the verse is different
than that the giving of zakaah, and is in addition to it.
َ‫َذي َ لقُ َْْ ى‬ ِ ‫و ِ لو َلِ َكي ِ َإسن ًآَ َوَِ ِيي َ لقُْ ى َو ل دتآَى َو ملَنآَِّ ِا َو ْلآ ِر‬
َ َ َ َ َ ََ َ َْ َ َ ْ ْ َ َ
ِ ِ ِ ِ ِ
 ‫ُ َْ ي‬
ُ ُ‫َأُيَآن‬
ْ ‫ت‬ ْ َُ ّ‫َوََآ َََنْل‬ ِ
َ َ ِ ‫ن‬ ِ
‫َو َْ َ ل ن‬
َ َ‫َو لصآس َ ْل‬ َ ِ ُُ‫َو لَآ ِر َ ل‬
)14 8:‫(انُسا‬
… and to parents do good, and to relatives,
orphans, the needy, the near neighbor, the neighbor
farther away, the companion at your side, the
traveler, and those whom your right hands
possess... (4: 36)
Allah the Exalted made the right of the poor and the traveler
obligatory along with the right of the relative. He also made it
obligatory to treat one‟s parents, relatives, the poor, and the
neighbors well, and treating them well includes meeting the
financial needs of the poor and the needy.
It was related by Faatimah bint Qays (may Allah be pleased
with her) that she asked the Prophet (may blessings and peace be
upon him) about the zakaah and he replied, “Within a person‟s
wealth, there are other rights that are due besides the zakaah.”
Then he recited the previously mentioned verse that is found in the
second chapter of the Qur‟an.1
It is also indicated by the texts that were previously
mentioned in Article (109).2
„Ali ibn Abi Taalib (may Allah be pleased with him) said,
“Allah the Exalted has made a portion, which is sufficient for the
poor, obligatory upon the rich; and if they starve, don‟t have
clothes, or are exhausted and the rich do not provide for them, then
1
Weak hadith, reported by At-Tirmidhi , Ibn Maajah, and At-Tabarani, however the
meaning of the hadith is authentic and it is supported by the previously mentioned
verse of the Qur‟an.
2
See Section Four of Chapter IV.
it is Allah‟s right to hold them accountable on the Day of

Resurrection and punish them for that.
Ibn „Umar (may Allah be pleased with him) said, “In one‟s
wealth, there is a due right other than zakaah.”
„A‟ishah, the Mother of the Believers, Hasan ibn „Ali, and
Ibn „Umar (may Allah be pleased with them) all answered when
they were asked, “If you are asking to pay blood money, or for a
huge debt or deep poverty, then you have the right to be given what
you ask.”
It was related from Abu „Ubaydah ibn Al-Jarraah and three
hundred of the Companions (may Allah be pleased with them) that
they had run out of food, so Abu „Ubaydah ordered them to gather
all of the remaining food that they had in two containers, and he
would give them from that food; each person taking an equal share.
It was authentically related from Ash-Sha‟bi, Mujaahid,
Tawwoos, and others that they all said, “In one‟s wealth, there is a
due right other than zakaah.”1
***
1
These narrations are from the narrations of Ibn Hazim in Al-Muhalla (vol. 6, p. 452)
from his path of narration, and their chains of narration are authentic.
Section Four
Guardianship Over One‟s Person and Wealth
This section discusses the principle of guardianship over

one‟s person and wealth. It clarifies the Shari‟ah aim of
guardianship and administration. It also explains procedures that
specify the means of choosing guardians and administrators. These
topics are covered in three articles.
Guardianship is when an adult with sound judgment takes
on the management of the personal or financial affairs of a minor.
A minor is defined as a person who does not meet the requirements
of competence to dispose, whether he lacks them in full, such as in
the case of a child who has not reached discernment or who is
insane, or one who is lacking to a lesser degree of mental
disability, or who is not permitted to enter into transactions due to
a lack of sound judgment.
There are two forms of guardianship: guardianship over the
person and guardianship over property or wealth. Guardianship
over the person involves managing the personal affairs of a minor,
including protection, discipline, education, and marriage.
Guardianship over wealth includes managing the financial affairs
of a minor including investing and conducting transactions such as
selling, renting, giving collateral, etc.
Article (140)
The Shari‟ah Aim Behind Guardianship
Guardianship over one‟s person and wealth was
legislated along with trusteeship and conservatorship in order
to protect the interests and wealth of a person who is lacking
sound judgment and intellect. This may be due to his youth,
inability to handle his wealth properly, or deficiency in legal
competence. Wealth is the supporting pillar of life and thus,
according to Shari‟ah, it must be protected and developed.

This Article specifies the Shari‟ah aim of the

legislation of the principle of guardianship. Despite the fact that
involves restricting his right to disposal and limiting his freedom to
conduct financial transactions, this guardianship protects that
person‟s wealth or property from being lost or destroyed. In fact,
this guardianship is responsible for investing that wealth so that it
grows. So in this case, there are two contradicting disadvantages:
the disadvantage of limiting the person‟s freedom and preventing
him from disposing of his money or property; and the second,
which is the disadvantage of the loss of that person‟s money or
property if he were to be left free to dispense of it. The Shari‟ah
principle states that, “If there are two conflicting disadvantages, the
greater of the two should be negated, and the lesser of the two
should be allowed.” It has been established that the necessary
general Shari‟ah aims include protecting and increasing one‟s
wealth. Allah the Exalted says:
َ‫ َو َدَْتدنْلُو َ لَدتَ َآَى‬َ ‫َج َع ََ َ نَُِلَ ُُ ْ ي َنَِ ًآَآ‬ ََ ‫لن َف َهآ َ َأ ََْ َو لَ ُُ ْ يَ لن ِِت‬
ُّ َ ‫ َوالَتدُ ْدتُو‬
ِ ِ
ْ ‫نتُ ي َ َّ ْد ُه َْ ي َ ُر ْ ًك َفَآ ْد َفد ُعو َإلَ ْ ِه َْ ي َأ‬
 ‫ََ َو َهلَُْ ي‬ ْ َ‫آح َفَإ َْن َ ن‬ ََ َُ ّ‫َ َإذَ َََدنْلَغُو َ ل‬ َ‫َس ن‬
)4- 3 8:‫(انُسا‬
And do not give the weak-minded your property,
which Allah has made a means of sustenance for
you, but provide for them with it and clothe them
and speak to them words of appropriate kindness. *
And test the orphans [in their abilities] until they
reach marriageable age. Then if you perceive in
them sound judgment, release their property to
them... (4: 5-6)
He also says:
َ ِ‫ا َذَل‬
 ‫ك َ َند َو ًَآ‬ َ ْ ‫َوََّآ َن َََد‬ َ ‫ن ِْفُو‬
َ ‫َوََلْ َيَد ْقتدُ ُْو‬
ِ
ْ ُ‫ َوَلنيي َ َإذَ َأَندْ َفقُو َََلْ َي‬
And [they are] those who, when they spend, do so
not excessively or sparingly but are ever, between
that, [justly] moderate  (25: 67)
)14 8:‫ (اإلرسزا‬ ْ‫ي‬ ِ ِ
ً ‫ َوالَتُدَ ِ ّي ْرََتد ْ ِي‬
… and do not spend wastefully. (17: 26)

It was reported by Abu Hurayrah (may Allah be pleased with him)
said:
Allah the Exalted likes three things for you and dislikes
three things. He likes for you to worship Him, not to
associate anything with Him, and to hold fast, all
together, by the Rope which He (stretches out for you),
and not to be divided among yourselves. And He dislikes
for you to pass on stories and gossip, to ask too many
questions, and to waste money.1
These texts indicate the obligation of protecting wealth and
the prohibition of wasting it. The meaning of wasting money is to
spend it on something that neither benefits the person in this life
nor in the Hereafter. This is prohibited because Allah made wealth
to be used to for the benefits of man; so by wasting it, this interest
is neither achieved for the owner of the wealth nor for others.
Regarding investment of wealth, „Umar ibn Al-Khattaab (may
Allah be pleased with him) said, “Invest in trade with the wealth of
the orphan, so that it is not consumed by zakaah.” 2 Thus, the
priority of protecting the ward‟s interest by preserving his wealth is
accomplished by establishing guardianship over him.
This Article also clarifies that guardianship and
administration is over the person who is not complete in his
judgment and intellect as a result of his young age, or his inability
to deal with his wealth properly, or due to complete lack or
deficiency in his competence.
The meaning of administration is guardianship over a minor
with the knowledge of a judge, and the administrator is the person
who is in charge of administrating, whether he is the person‟s
guardian or otherwise, and the meaning of sound judgment and
competence have been previously mentioned.3
1
2
Saheeh chain of narration, related by Maalik and Al-Baihaqi.
3
See the commentary on Article (110) in Section Four of Chapter IV.
The meaning of conservatorship in this context is the

guardianship that the judge assigns to an adult with sound judgment
to act in the interest of the minor or the person who is mentally
incompetent in administrating his financial affairs, and the person
in this case is called the conservatee.
***
Article (141)
Guardianship and Trusteeship
1. Children who are incompetent or deficient in their
competence, shall have the right to be provided personal
care by the state so that their rights and interests, both
material and moral, are looked after. This is achieved
by instituting provisions related to guardianship of
person and property, trusteeship, conservatorship, and
judicial assistance, etc., according to the rulings of
Islamic Shari‟ah.
2. The person who is incompetent or deficient in his legal
competence shall have the right upon the aforementioned
guardians and trustees, as well as upon the legislative,
judicial, and social organizations, to be provided the best
possible care and protection. This care includes properly
managing his property, while training him to manage so
that he will be prepared to have it returned to him when
he reaches majority.

* Clause (1):
We have already addressed the right of a person who is
incompetent or deficient in his competence to have the state
institute a system of guardianship over his person and wealth, in
order to provide personal care, and to look after his rights and
material interests. The definitions of guardianship, administration
and conservatorship have already been mentioned in the previous
Article. The judicial assistant, however, is a person of sound
judgment who is appointed by a judge to assist a physically
disabled person, who despite the fact that he is mentally capable
and has sound judgment, is unable to act in his own interest by
himself due to a physical disability such as being blind, deaf, mute,
etc. and his transactions are not valid without the consent of the
judicial assistant.
All of these measures are within the framework of Islamic
Shari‟ah rulings and they are based on the right to social insurance
in the manner that is clarified in the commentary on Article (109),
Clause (2).
* Clause (2):
The obligation mentioned in this Clause that the guardians or
whomever takes their place, and the various official establishments
shall provide good care and management of the ward‟s wealth and
to train him to manage it by himself is logically deduced from the
reason that the guardian or administrator takes responsibility, which
is the inability of those who are incompetent or deficient in their
competence to look after their interests by themselves and to mange
their wealth properly. Based on this, it necessarily follows that
good management of this wealth and protecting it must be an
essential condition in the guardians and administrators.
This condition is also derived from a number of Shari‟ah
texts which include:
َ ‫نتُ ي ََِّ ْد ُه َْ ي َ ُر ْ ًك َفَآ ْد َفد ُعو‬ ََ َُ ِّ‫َ َإذَ َََدنْلَغُو َ ل‬
ْ َ‫آح َفَإ َْن َ ن‬ َ‫و َْدَتدنْلُو َ لَدَت َآَى َ َس ن‬
)4 8:‫ (انُسا‬‫ََ َو َهلَُْ ي‬ْ ‫إَل ْ َِه َْ يَأ‬
And test the orphans [in their abilities] until they
reach marriageable age. Then if you perceive in

them sound judgment, release their property to
them. … (4: 6)
From this, it is understood that if sound judgment in
financial matters must be established by sure practical means such
as a test, as a condition for releasing property to its owner, then
sound judgment is required with respect to guardians and
administrators a fortiori.
One of the most important methods of testing the orphans
who have reached the age of marriage is to train them to manage
part of their wealth, and if they manage it well, then the rest of their
wealth should be paid to them. Allah the Exalted says:
ِ
ُ‫ن َُ َ َس نََ َيَد ْ ِدنْلُغَ َأَ ُ نكَه‬ ْ ‫آل َ لَتِ َِ ي َإال َ ِ لن ِِتَ َ َف ََي َأ‬
َ ‫َس‬ ََ ََ َ ‫وال ََتد ْق ََُْو‬
)231 8‫(األَعاو‬
And do not approach the orphan‟s property except
in a way that is best until he reaches maturity.... (6:
152)
)117 8‫ (انبمزة‬ٌَْ ‫لحَ نهلَُْ يَ َخ ْد‬

ٌَ ْ ‫كَ َع ََِ لَدَت َآَىَنُ ََْ َإ‬
ََ َ‫نأَلُون‬
ْ َ‫وي‬
… And they ask you about orphans. Say,
“Improvement for them is best...  (2: 220)
It was related from „Abdullah bin „Amr (may Allah be
peace be upon him) said, “Whoever is responsible for the wealth
of an orphan should engage in trade with it, and he should not
leave it until it becomes devoured by charity.” 1
„Umar ibn Al-Khattaab said, “Engage in trade with the
wealth of the orphans so that it is not devoured by zakaah.”2
***
Article (142)
Procedures for Appointing Guardians and Trustees
1
2
Saheeh chain of narration, reported by Maalik and Al-Baihaqi.
For more details regarding these procedures, refer to the

rulings of competence of entitlement and competence to dispose
that are described in Section Four of Chapter IV pertaining to the
rights and obligations of the child in Islam. With regard to the
details of the procedures for establishing guardianship over one‟s
person and wealth and the rights of a person who is non-competent
or deficient in competence, with regard to guardians and trustees,
refer to the Islamic Shari‟ah rulings and the laws derived therefrom.
***
This Article clarifies two issues:
1. The rulings related to competence of disposal and
competence of entitlement, determine whether the person is
considered fully competent such that he handles his personal and
financial affairs by himself or whether he is incompetent or
deficient in his competence, in which case guardianship,
administration, or conservatorship is imposed upon him depending
on the situation. These rulings have been previously explained in
Section Four of Chapter IV that deals with the rights of the child in
Islam.1
2. The details of the procedures determine the choice of
guardian, administrator, or conservator are practical procedures.
They can be referred to in Fiqh references and the laws of the
family and personal status that are derived from them in every
Islamic country.
1
See Articles (108), (109), and (110).
Section Five
Inheritance
This Section discusses the system of inheritance in Isla m as

one of the manifestations of the relationship between the smaller
family and the larger family. It clarifies the Shari‟ah ruling that
applies to inheritance, the foundations of this system, and the
delicate balance between this system and the system of financial
support. It then discusses the distinguishing aspects of the system of
inheritance in Islam, the standards of distribution between the
inheritors; and that being male or female is not one of the bases for
distribution. Finally, the Section deals with the general principle of
equality between the man and the woman in applying the standards
of distribution. This is covered in seven Articles.
Article (143)
The Shari‟ah Ruling
In Islam, inheritance is a compulsory system that Allah
has mandated in clear texts that are firm in their evidence and
meaning. This system has been clarified more precisely than
any other worldly system in Islamic Shari‟ah, to the extent that
it became known as “The Science of Fara‟idh (obligations).”

This Article clarifies the ruling of the system of inheritance
in Islam and states:
1. That it is an obligatory system.
2. That it is established on the basis of clear texts that are
indisputable proof
3. That is explained with precise detail
This is indicated by a number of Shari‟ah texts:
ِ ِ َ‫الد َُّ ي َلِنْل نيََّ ِْ ََِ ْث‬
ِ ِ
َ ‫َس ّظ َ ألُنَثدَد ْ ِا َفَإن َ َُّ ن َن‬
َ‫نآ ً َ َفد ْو َق‬ َ ُ ْ ‫ يُو ُُ ُ ي َ نُِ َِبَأ َْو‬
ََِّ ُُ ِ‫َّ َو َألََد َويِْ َل‬ ُ ‫ص‬ ْ ِّ‫ت َو ِس َك ً َ َفد َنْل َهآَ ل‬ ْ َ‫آََآََتد َْ َك َوإن َََّآن‬ َ ‫ثْدَدَتد ْ ِا َ َفد َنْل ُه ن َثدُنْلَُث‬
ِ ‫لن ُك‬ ٍِِ
َ ‫س َّمنآََتد َْ َك َإن َََّآ َن َلَ َُولَ ٌك َفَإنَنَلَْيَ ُُ َلن َُولَ ٌك‬
َُ َ‫َووِرث‬ ُ ُّ َ‫و سك ََّ ْد َُه َمآ‬
َ‫س ََِ ْ َََد ْع ِكَو ِ ن ٍيَيُو ِ ي‬ ُ ‫لن ُك‬ ُّ َ ِ َُِّ‫ثَفَإن َََّآ َنَلَ َُإ ْخ َو ٌَفَأل‬ ُ ُ‫أَََد َو هَُفَألَُِّ ِ َ لُّثدنْل‬
َ َ ََِّ ً‫ضي‬ َ ‫ب َلَ ُُ ْ ي َنَد ْف ًعآ َفَ ِْي‬ ُ َْْ ‫ِِبَآ َأ َْو َ َديْ ٍ َ َ ُؤَُّ ْ ي َوأََْدَآ ُؤَُّ ْ ي َال ََت ْكرُو َن َأَيدُّ َُه ْ ي َأَند‬
َ ُُ َ‫َّ َََآََتد َْ َكَأَ ْزَو ُج ُُ ْ يَإنَنَلَْي‬ ُ ‫ص‬ ْ ِ‫آَس ُِ ًمآَ*َ ولَ ُُ ْ يَن‬ ِ
َ ‫ِ َََّآ َنَ َعنْل ًم‬ َ‫نَِإ ننَ ن‬
ِ
َ‫ا َِِبَآ‬ ٍ ِ ِ ِ
َ ِ ‫نهلُن َولَ ٌكَفَإن َََّآ َنَ َهلُن َولَ ٌكَ َفدنْلَ ُُ ُ يَ ُّلَُْ ُعَّمنآََتد ََّْْ َ ََ ْ َ ََد ْعكَو ِ نيَيُو‬
َ ‫أ َْوَ َديْ ٍ َوَهلُن َ ُّلَُْ ُع َِّمنآََتد ََّْْتُ ْ يَإنَنَلَْيَ ُُ َلن ُُ ْ يَولَ ٌكَفَإن َََّآ َنَلَُُ ْ يَولَ ٌكَ َفدنْلَ ُه ن‬
ِ ٍِ ِ ِ ِ ‫لث‬
ََ‫ث‬
ُ ‫ور‬ َ ُ‫َر ُج ٌَ َي‬ َ ‫ يََ ْ َََد ْعك َو ني َتُو ُو َنَِبَآَأ َْو َ َديْ ٍ َوإن َََّآ َن‬ ّ ُ‫ُّم ُ َّمنآََتد ََّْْت‬ ُ
َ ‫س َفَإن َََّآنُو‬ ‫ك‬ ‫لن‬ َ‫آ‬ ‫م‬ ‫ه‬ ‫د‬ ِ
ََ ٍ
‫ك‬ ‫س‬ِ ‫َو‬ ِ
َ ُ
ُ ِ
‫نْل‬ ‫ف‬
َ َ ‫ت‬ٌ ْ ْ ٌ ُ ٌ َ ْ ً ََّ
َ
‫خ‬ ُ
‫أ‬ َ ‫َو‬ ‫أ‬َ ‫خ‬ ‫أ‬
َ َ ‫ل‬
َ‫َو‬ ‫أ‬
َْ َ َ ِ
‫و‬ ‫أ‬
َ َ ‫ي‬ ‫ل‬
َ ‫ل‬
ُ ُ ُّ َ ُ ْ ّ ّ
َ َ ُ ‫َ ُ َََّْآ‬ ‫َ َفد ُه ْ ي‬ ‫ك‬َ ِ‫َذَل‬ ََِ َْ ‫أَ ََّْثد‬
ِ ِ ِ ِ ٍ ِ ِ ِ ِ
َُِ‫ضآ ٍّرَو ن ًي ََّ َ َ نَِو ن‬ َ ََ ُ َْ ‫ِبَ لُّثدنْلُثََ ْ َََد ْعكَو نيَيُو َ ىَِبَآَأ َْوَ َديْ ٍ َ َ ْد‬
)21- 22 8:‫ (انُسا‬‫َسنْلِ ٌَ ي‬ َ ‫َعنْل ٌ ي‬
ِ
the male, what is equal to the share of two females.
But if there are [only] daughters, two or more, for
them is two thirds of one‟s estate. And if there is
only one, for her is half. And for one‟s parents, to
each one of them is a sixth of his estate if he left
children. But if he had no children and the parents
[alone] inherit from him, then for his mother is one
third. And if he had brothers [or sisters], for his
mother is a sixth, after any bequest he [may have]
made or debt. Your parents or your children you
know not which of them are nearest to you in
benefit. [These shares are] an obligation [imposed]
by Allah. Indeed, Allah is ever Knowing and Wise. *
And for you is half of what your wives leave if they
have no child. But if they have a child, for you is
one fourth of what they leave, after any bequest they
[may have] made or debt. And for the wives is one
fourth if you leave no child. But if you leave a child,
then for them is an eighth of what you leave, after
any bequest you [may have] made or debt. And if a
man or woman leaves neither ascendants nor
descendants but has a brother or a sister, then for
each one of them is a sixth. But if they are more

than two, they share a third, after any bequest
which was made or debt, as long as there is no
detriment [caused]. [This is] an ordinance from
Allah, and Allah is Knowing and Forbearing. (4:
11-12)
He also says:
َُ ‫س ََل َُوَل ٌك َوَل‬ ِ ‫ك َنُ َِ َ نَُِيد ْفتِ ُُ ي َِب َ ل َُلَل ِي‬
َ ْ ‫ك ََل‬
َ ‫َإن َ َْ ٌُْؤ ََف َنْل‬ ْ ُ َ َ‫نَتد ْفتُون‬ ْ َ‫ ي‬
َ ‫َوف َوَيَ ِْثدَُه آَإنَنَلَْيَ ُُ نَهلَآَولَ ٌكَفَإن َََّآنَدَتآَ ثدَْد َتد ْ ِا‬
ُ ‫َّ َََآََتد َْ َك‬
ُ ‫ص‬ ْ ِ‫تَ َفدنْلَ ََهآَن‬ٌ ‫أُ ْخ‬
َ‫َس ِّظ‬ ِ ِ
َ َُ ْ‫نآ ً َفَنْلنْل نيََّ ِْ ََث‬
ِ
َ ‫َرِ َجآالَون‬
ِ ِ
ّ ً ‫َفدنْلَ ُه َمآ َ لُّثدنْلُثَآن َّمنآ ََتد َْ َك َوإن َََّآنُو َإ ْخ َو‬
)254 8:‫ (انُسا‬‫ُ ََِّ َ ْيٍ َ َعنْلِ ٌَ ي‬ ِ ‫اَ نََُِل ُُ يَأَنََت‬
َُ ََُِِ‫ضنْلُّو َو ن‬ ْ ُ ِّ‫ألُنَثدَد ْ ِاَيدَُ ِد‬
They request from you a [legal] ruling. Say, Allah
gives you a ruling concerning one having neither
descendants nor ascendants [as heirs].” If a man
dies, leaving no child but [only] a sister, she will
have half of what he left. And he inherits from her
if she [dies and] has no child. But if there are two
sisters [or more], they will have two-thirds of what
he left. If there are both brothers and sisters, the
male will have the share of two females. Allah
makes clear to you [His law], lest you go astray.
And Allah is Knowing of all things. (4: 176)
َ ٍ‫ِ ََِ ُُ َِّ َ َ ْي‬ ِ ِ ‫ض َِب ََِّت‬
َ‫آب َ نِ َإنن َ ن‬َ ٍ ‫ وأ ُْولُو َ ألَ ْر َسآِم َََد ْعضُ ُه ْ ي َأ َْوََل َََِ ِد ْع‬
)53 8‫ (األَفال‬‫َعنْلِ ٌَ ي‬
… But those of [blood] relationship are more
entitled [to inheritance] in the decree of Allah.
Indeed, Allah is Knowing of all things. (8: 75)
It was narrated by Ibn „Abbaas (may Allah be pleased with
him) said, “The Prophet said, “Give the Fara‟idh, (the shares
prescribed in the Qur‟an) to those who are entitled to receive
them, and then whatever remains, should be given to the closest
male relative of the deceased.”.”1

It was narrated from Ibn Mas‟ood (may Allah be pleased
with him) with regard to the daughter and the daughter of the son,
and the sister, that the Prophet (may blessings and peace be upon
him) designated half of the inheritance for the daughter; and one-
sixth for the daughter of the son (to complete the 2/3 that would
have been split between two daughters) and whatever is left over is
for the sister.2
It was reported by Usaamah ibn Zayd (may Allah be pleased
said, “The Muslim does not inherit from the disbeliever, and the
disbeliever does not inherit from the Muslim.” 3
It was reported by „Abdullah ibn „Amr (may Allah be
peace be upon him) said, People of two different religions do not
inherit from each other.”4
It was narrated by „Amr ibn Shu‟ayb from his father from
his grandfather who said, “The Messenger of Allah (may blessings
and peace be upon him) said, “The one who kills is not entitled to
anything from the inheritance.”5
It was related by „Imraan ibn Husayn who said that a man
came to the Prophet (may blessings and peace be upon him) and
said, “The son of my son died, so what is my share of the
inheritance?” He answered, “You get one-sixth.” When the man
turned to go, he called him and said, “You also get another sixth.”
When he turned to leave, he said, “The other sixth is in addition
1
Saheeh hadith; reported by Al-Bukhari and Muslim.
2
3
4
Saheeh hadith, reported by Ahmad, Abu Dawood, An -Nasaa‟i, Ibn Maajah, and the
chain of narration was listed by Al-Hakim with similar wording.
5
Reported by An-Nasaa‟i, Ad-Daraqutni, and it was strengthened by Ibn „Abd Al-
Barr, and An-Nasaa‟i weakened it, and the correct opinion is that it is mawqoof at
„Amr.
to his share.” 1
It was related by Ibn Buraydah from his father that the
Prophet (may blessings and peace be upon him) designated one-
sixth of the inheritance for the grandmother; if there is no mother
below her.2
It was narrated on the authority of Miqdaam ibn Ma‟dikarib
said, “The maternal uncle is the inheritor of those who have no
heirs.” 3
It was narrated on the authority of Abu Umaamah ibn Sahl
who said: „Umar wrote with me to Abu „Ubaydah (may Allah be
peace be upon him) said, “Allah and His Messenger are the
patrons of those who do not have a patron, and the maternal
uncle inherits from the person who has no other inheritor.” 4
It was narrated on the authority of Jaabir (may Allah be
upon him) said, “If the new born makes its initial sign, it
inherits.” 5
It was narrated on the authority of „Umar ibn Al-Khattaab
(may Allah be pleased with him) that he heard the Messenger of
Allah (may blessings and peace be upon him) say, “What ever is
amassed by the father or the child, it is for his agnate, whoever
he might be.”6
1
Saheeh hadith, reported by Ahmad, Abu Dawood, At-Tirmidhi, An-Nasaa‟i, and Ibn
Maajah.
2
Saheeh hadith, Reported by Abu Dawood, An-Nasaa‟i, and classified as Saheeh by
Ibn Khuzaymah, Ibn Al-Jarood, and considered strong by Ibn „Adiyy.
3
Hasan hadith, reported by Ahmad, Abu Dawood An-Nasaa‟i, Ibn Maajah, and was
classified as hasan by Abu Zur‟ah ar-Raazi, and classified as Saheeh by Ibn Hibbaan
and Al-Hakim.
4
Saheeh hadith, reported by Abu Dawood, At-Tirmidhi, An-Nasaa‟i, and Ibn Maajah,
and it was classified by At-Tirmidhi as hasan, and as saheeh by Ibn Hibbaan.
5
Saheeh hadith, Reported by Abu Dawood, and classified as saheeh by Ibn Hibbaan.
6
Saheeh hadith, reported by Abu Dawood An-Nasaa‟i, and Ibn Maajah, and classified
as saheeh by Ibn Al-Madeeni and Ibn „Abd Al-Barr.
It was narrated on the authority of „Abdullah ibn „Umar

(may Allah be pleased with him) that the Prophet (may blessings
and peace be upon him) said, “Wala‟1 is like the interweaving of
consanguinity, it cannot be sold or gifted.” 2
The Article clarifies that in Arabic, this science is called the
Science of Fara‟idh (obligations) as this is the term used by Allah
the Exalted and by the Prophet (may blessings and peace be upon
him). This is indicated in the Arabic text of numerous verses of the
Qur‟an and hadiths.
***
Article (144)
The Fundamentals of the Inheritance System
1. The system of inheritance is based on the principle that
after death, no one has any say over his own wealth
except within the limits of one-third, which he may
bequest. Likewise, Shari‟ah stipulates that if the
deceased has any debts or financial obligations, they
must be paid before distributing the legacy to the
inheritors; and Shari‟ah encourages that any bequests
should be less than one-third of the inheritance.
2. After paying any debts or obligations, and after
distributing any bequests if applicable, the remaining
wealth of the deceased is considered the property of the
inheritors. Shari‟ah, with its wisdom, dictated that the
inheritance should be distributed between the family
members, each receiving his share according to the
proximity of his kinship to the deceased, in a precise
manner that stipulates the entitled recipients and their
shares, without being influenced by the will of the
1
Wala‟: The relationship and rights that are established between a freed slave and the
person who freed him.
2
Saheeh hadith, reported by Al-Hakim through the chain of narration of Ash-Shaf‟i
from Muhammad ibn Hasan from Abu Yusuf, and classified as authentic by Ibn
Hibbaan and weakened by Al-Bayhaqi.
deceased or the will of the inheritors.

3. This system includes a number of principles and
regulations that allow for flexibility, justice, correct
implementation, and confronting the changes that are
required in each case such as: the conditions for
inheriting, the factors that allow a person to inherit or
prohibit him from inheriting, the principles of priority in
inheritance, redistributing any balance remaining from
the inheritance to the inheritors, al-‟awl1 , takhaaruj2 , and
other principles. For further details refer to the rulings
of Islamic Shari‟ah and the laws that are derived there
from.

This Article clarifies the bases of the Islamic system of
inheritance:
* Clause (1):
This clause clarifies two issues:
1. That the testator has no control over his wealth after his
death except within the limits of one-third by way of a
bequest, and Shari‟ah encourages that the bequest should
be less than one-third.
2. The obligation of paying all of the deceased‟s obligations
and debts and anything that he bequeathed, before
distributing the inheritance to the heirs.
These issues are indicated by the following texts:
ٍ ِ ِ
ْ ‫ا َِِبَآَأ‬
)21 8:‫ (انُسا‬ٍَ ْ‫َوَ َدي‬ َ ِ ‫َ ْ َََد ْعكَو ِ نيَيُو‬
… after any bequest they [may have] made or
debt… (4: 12)
1
Al-‟awl: A way of proportionately reducing the share of all inheritors when the
inheritors‟ shares exceed the actual number of shares.
2
Takhaaruj: The agreement between heirs that one of the heirs give up his/her share of
the inheritance in exchange for its value or something else.
ٍ ِ ِ
ْ ‫ َّ ْ َََد ْعكَو ِ نيَتُو ُو َن َِِبَآَأ‬
)21 8:‫ (انُسا‬ٍَ ْ‫َوَ َدي‬
… after any bequest you [may have] made or
debt…  (4: 12)
It was narrated on the authority of Al-Miqdaam ibn
Ma‟dikarib that the Prophet (may blessings and peace be upon him)
said, “Whoever leaves property, it is for his heirs, and I am the
heir of he who has no heir, I pay his blood-money for him and I
inherit from him.” 1
It was narrated on the authority of Mu‟aadh ibn Jabal (may
peace be upon him) said, “Allah has given you one-third of your
wealth in charity upon your death as an addition to your good
deeds.” 2
Sa‟d ibn Abi Waqqaas (may Allah be pleased with him)
narrated:
I said, “O Messenger of Allah, I am wealthy and I have only
one daughter to inherit me. Shall I give two thirds of my
wealth in charity?” He answered, “No.” I asked, “Shall I
give one half of it in charity?” He answered, “No.” I asked,
“Shall I give one-third of it in charity?” He answered, “One-
third; and one-third is much. It is better to leave your
inheritors wealthy than to leave them in need to beg from
people.” 3
*Clause (2):
This Clause clarifies that Allah, the Most Knowledgeable in
His Attribute as the Legislator has preferred to distribute the
inheritance in a specific manner, limiting the beneficiaries and the
share due to each of them without leaving room for will of the
deceased or the heir, and this is indicated by the following:
1
Saheeh hadith, reported by Ahmad, Abu Dawood, and Ibn Maajah.
2
Hasan hadith, reported by Ahmad, Ad-Daraqutni, Al-Bazzaar, and Ibn Maajah.
3
َ‫َِ ْ َََد ْع ِك َو َِن ٍي َيُو ِ ي َِِبَآ َأ َْو َ َديْ ٍ َ َ ُؤَُّ ْ ي َوأََْدَآ ُؤَُّ ْ ي َال ََت ْك ُرو َن َأَيُّد ُه ْ ي‬
ِ ‫َِإ ننَ نَََِّآ َنَ َعنْلِ مآَس‬ ِ‫ضيً ََِ َ ن‬
)22 8:‫ (انُسا‬‫ُ ًَمآ‬ َ ً َ َ ّ َ ‫ب َلَ ُُ ْ يَندَ ْف ًعآَفَ ِْي‬
ُ َْْ ‫أَند‬
… after any bequest he [may have] made or debt.
Your parents or your children you know not which
of them are nearest to you in benefit. [These shares
are] an obligation [imposed] by Allah. Indeed, Allah
is ever Knowing and Wise. (4: 11)
This is also evidenced from the hadiths of Al-Miqdaam ibn
Ma‟dikarib and Mu‟aadh ibn Jabal that have been previously
mentioned (may Allah be pleased with them).
Debts here take precedence over bequests. It was related on
the authority of „Ali (may Allah be pleased with him) that he said,
“You read the bequest before the debt, and I witnessed the
Messenger of Allah (may blessings and peace be upon him) start
with the debt before the bequest.”1 At-Tirmidhi said, “This is what
is applied by the scholars; to start with the debt before the
bequest.”2
Among the obligations and debts that are mandatory to be
paid from the inheritance of the deceased are: debts and obligations
related to Allah the Exalted such as zakaah that is due from him,
and debts and obligations related to man. Here, scholars differed
with regard to which of the debts and rights should take
precedence, and the reasons for this precedence. This subject can
be referred to in books of Fiqh.
* Clause (3):
This clarifies that the inheritance in Islam has principles,
regulations, conditions, causes, preventing factors, and rules for
exclusion that govern its system and must be followed during the
distribution of the inheritance. These details can be found in books
of Fiqh and legal references.
1
Hasan hadith, reported by Ahmad, At-Tirmidhi, Ibn Maajah, Al-Hakim in his
Mustadrak , Ad-Daraqutni and Al-Bayhaqi in their hadith compilations, Abu Dawood
At-Tayalisi, Al-Hameedi and Abu Ya‟la in their Musnad compilations, and Abd Ar-
Razzaq ibn and Ibn Abi Shayba in their books.
2
As-Sarkhasi, Al-Mabsoot, vol. 29, pg. 137.
***
Article (145)
The Delicate Balance Between the Systems of Inheritance and
Financial Support
1. By surveying the rulings related to inheritance in Islam,
it is clear that Allah, the Most Knowledgeable, has
divided the deceased‟s legacy in a way that it is
distributed solely within the sphere of the family. The
order of those who are entitled to inherit and the
amounts of their shares are issues that are related to the
principles of financial support between the relatives.
Both systems (the system of inheritance and the system
of financial support between relatives) form a strong
basis for social takaaful in Islam.
2. The rulings of these two systems have established mutual
rights and responsibilities for and upon the members of
the family. Allah, the Most Wise Legislator, has made it
an obligation for the closest financially sound relative of
a young person who is in need, or an adult who is in need
and is unable to work, to provide for him from his
wealth. The closest relatives are charged with this
obligation. and if they are unable, then it falls upon the
next closest relatives. These are the same relatives who
usually inherit from each other, such that some scholars
of fiqh stipulated that financial support for a particular
person is only obligatory on those who are designated to
inherit from him. Thus, this obligation to provide
financial support is countered by the fact that most of
those relatives are inheritors of the deceased to whom his
legacy is passed.

This Article discusses the distribution and integration
between the system of inheritance and the system of financial
support. Each Muslim has two rights: the right of financial support
and the right to inheritance. Each right comes with a corresponding
obligation, and thus the individual‟s right to inheritance can only be
understood in the light of that which he is obliged to spend on other

family members.
*Clauses (1) and (2):
These provide an overall explanation of the deep connection
between the order of beneficiaries and the amounts of their shares,
and between the principles of financial support between the family
members. For example, if there is an adult who is not able to earn a
living, and he has a wealthy family and wealthy brothers, then the
financial support for this poor son is obligatory on the father; not
the brothers. Likewise, if this son dies, whether he is rich or poor,
and if he has a father and brothers, the father is the inheritor, not the
bothers. This is because he is the closest agnate to the deceased. It
was related by Ibn „Abbaas (may Allah be pleased with him) that
said, “Give the Fara‟idh, (the shares prescribed in the Qur‟an)
to those who are entitled to receive it, and then whatever
remains, should be given to the closest male relative of the
deceased.”1 This is also, because he is the party who is responsible
for providing for his sons if they are poor and needy, and likewise,
the order of other beneficiaries and the amounts of their shares have
been ordered according to the principles of financial support
between family members. It is on this basis that the fiqh principle
states: “the reward is according to the price” and there is no
doubt that this applies in general and in most cases. Likewise, any
exceptions to this principle do not render it invalid in application of
the fiqh principle that states that “the ruling is on the basis of the
majority, and not on the basis of rare cases.” Thus, both of the
systems are a strong foundation for social takaaful in Islam.
***
Article (146)
The Distinguished Position of the Islamic System of Inheritance
The Islamic system of inheritance is based on the
1
Saheeh hadith; reported by Al-Bukhari and Muslim.
principle that the wealth of the deceased should go to

his family members even though there are differences in their
shares and some family members take priority over others or
receive a greater share according to precise rules. It is this just
balance that creates family ties and strengthens the relationship
between family members, as opposed to theories that abolish
inheritance completely or that give the testator absolute control
over his wealth after his death, just as he had during his life. In
fact, neither of these theories are successful in achieving the
interests of the family or strengthening the relationship
between its members.

This Article deals with the nature of the system of
inheritance in Islam and it clarifies that this is the system of justice
that harmonizes with the innate nature of man and with the realities
of human family life in all of its circumstances. This is clear when
it is compared with any other system known to man, whether in
ancient times or modern, in absolutely any place on earth. It is a
system that abides by the meaning of family takaaful completely,
and distributes the shares according to the amount of each family
member‟s obligation, with respect to this takaaful. For example,
the agnate of the deceased is the most deserving of those who
inherit from him, after those who have designated shares such as
the father and the mother; this is because he is also the closest of
those who support and pay off the debts of the deceased.
Thus, it is a system that is harmonious and integrated. It is a
system that takes the human family‟s origin from a single soul into
consideration, and thus, it does not prevent a woman or child from
inheriting just because they are a woman or a child. It also
recognizes the principle of the unity from one soul in practical
interests, and therefore, it does not distinguish one sex from the
other, except according to the degree of the burden that that sex
bears in providing family and social support.
The Islamic inheritance system takes the nature of living
beings into account in general, and particularly the nature of
mankind. Therefore it gives precedence to offspring in their share
of the inheritance, over that of the ascendants and other relative s.

This is because the new generation is the instrument of expansion
and continuity of the human race. For this reason, from the
viewpoint of sound human instinct, the new generation is the most
deserving to be cared for. Despite this, the Islamic system of
inheritance does not prevent the ascendants and other relatives from
inheriting. Rather, it designated a share of the inheritance for each
of them, while taking the degree of proximity of kinship into
consideration.
This system agrees with the sound innate nature that has
been created in man. Likewise it is a response to man‟s desire that
his progeny should not be deprived of the fruit of his work and
effort, for it is this desire that causes man to multiplying his efforts,
and guarantees the Muslim community the benefit that the society
gains from his multiplied efforts. At the same the Islamic system
of inheritance, it does not neglect the general clear strong principle
of takaaful in this system.
Finally, it is a system that guarantees that conglomerated
wealth will be broken up and re-distributed at the beginning of each
generation. It leaves no room for hoarding wealth and
accumulating it in the hands of only a few, as happens in the
systems that designate that the wealth should go to the eldest son or
limit it to a few, specific people. From this aspect, it is a practical
instrument to renew the economic order in the community and to
return it to balance without direct interference by the governing
powers that is usually rejected by the human nature refused by the
self. However, this continual breaking up and redistribution of
wealth according to the divine laws is accomplished in a manner
that is agreeable to people because it suits their nature and does not
conflict with their stinginess and greed. This is the major difference
between the legislation of Allah and the legislation of man. 1
***
1
This distinguishing factor, with all of its components, emphasizes the content of
Article (147) regarding the standards of distribution between the heirs.
Article (147)
The Standards of Distribution Between Heirs
Upon evaluating the rulings related to inheritance it
becomes clear that the standards for distributing the
inheritance to the heirs are based on the following
considerations:
1. The degree of kinship; thus, the closest person to the
deceased receives the greatest share; whether male or
female.
2. Considering the heirs an extension of the deceased
person; a man‟s descendants are branches of himself that
reach out to face life, and for this reason, the son‟s share
is greater than that of the father and the grandfather. In
most cases, the deceased‟s descendants take the entire
inheritance for themselves, just as the share of the
daughter is greater than mother‟s share, even though
both of them are female.
3. Those who have greater financial obligations; such as
sons who just starting their lives and have not
accumulated any wealth, as opposed to fathers who have
wealth that they have earned and who are at the end of
their lives.
4. Justice between the inheritors; by establishing a delicate
balance between the financial obligations of the inheritor
and his share of the inheritance according to what is
mentioned in Article (48).
5. Breaking up the wealth so that it is not concentrated in
the hand of any one inheritor; for this reason the
inheritance is not limited to just the ascendants and the
descendants. Instead, it is also shared by the peripheral
relatives such as the brothers, sisters, paternal uncles,
half siblings, and maternal relatives.

This Article discusses the standards of division between the

heirs; they are precise standards that emphasize what was
previously mentioned in Article (146) including the distinguished
aspects of the system of inheritance in Islam. These standards are
derived from the texts that govern the system of inheritance and
have been previously mentioned.1
***
Article (148)
Being Male or Female is not Taken into Account in the
Standards of Distribution
Shari‟ah has ordained that males should be given twice
the share of females in some cases where they share an equal
degree of kinship and direction. On the surface, this equal
proximity would appear to necessitate equality in their shares
such as in the case of sons and daughters, sisters and brothers,
paternal uncles and aunts, and husbands and wives. However,
the wisdom in this differentiation is rooted in the great
difference in the financial obligations that each bears, despite
the equality in their degree of kinship and direction. In all
cases, the woman retains her share of the inheritance for
herself and she is not obliged, according to Shari‟ah, to spend
any part of it on anyone else; except in very rare cases and with
the condition that she be financially well off. On the other hand,
the man is obliged by Shari‟ah to spend from his share of the
inheritance in all cases. Thus, in reality, the woman‟s share of
the inheritance is greater, even in those cases where males take
twice the share of females.

This Article deals with the reason that Shari‟ah approved
assigned males twice the share of females in come cases. Allah the
Exalted says:
َ ْ ‫َس ِّظَ ألُنَثدَد‬
)22 8:‫ (انُسا‬‫ا‬ ِ ِ ِ ِ
َ َُ ْ‫َيُو ُُ ُ يَ نُِ َِبَأ َْوالد َُّ ْ يَلنْل نيََّ ََِْث‬
1
See the discussion Articles (143), (144), (145), and (146) of this Section.

the male, what is equal to the share of two
females… (4: 11)
He also says:
ِ َ‫َرجآالَونِنآ َفَنْلِنْل نيََّ ِْ ََِ ْث‬
ُ ِّ‫َس ّظ َ ألُنَثدَد ْ ِا َيدَُ ِد‬
َ‫ا َ نَُِلَ ُُ ْ ي‬ َ ُ ًَ َ ِّ ً ‫ وإن َََّآنُو َإ ْخ َو‬
)254 8:‫ (انُسا‬‫ََ َ ْيٍ َ َعنْلِ ٌَ ي‬ ِ َ‫أَنَت‬
َِّ ُُ ََُِِ‫ضنْلُّو َو ن‬
…If there are both brothers and sisters, the male
will have the share of two females. Allah makes
clear to you [His law], lest you go astray. And Allah
is Knowing of all things. (4: 176)
If the deceased does not have any heirs except for male and female
offspring, then they take all of the inheritance on the basis that the
daughters take one share and the sons take two. This is not due to
preference of one sex over the other; rather, it is an issue of balance
and justice between the male‟s financial burdens and the When the
man marries a woman, he is required to provide for her and his
children from her in all cases; whether she is with him or divorced
from him. As for the woman, either she is responsible for only
herself or else she is provided for by a man before marriage and
after marriage equally. She is not required to spend on her husband
or children in any case. Thus, the man is responsible for at least
double the burden that the woman bears in the formation of the
family and in the Islamic family system. It is in this light that the
justice and harmony appear between the gain and the price in this
wise system of distribution.
***
Article (149)
The General Principle is Equality Between Men and Women in
Implementation of the Standards of Distribution
The basic rule is equality between men and women in
applying the standards of distribution.
In situations other than the aforementioned, there is no
difference between males and females in determining the
inheritance that is due; this is clarified by the following cases

which exemplify the principle, though it is not limited to these
examples.
1. The mother receives half the share that the father
receives in the case that their deceased son does not have
any inheriting descendants. However, she receives a
share equal to the father‟s in other cases; if he has a son
or two daughters who inherit.
2. The half sister and half brother from the mother‟s side
receive equal shares of 1/6, or they share equally in 1/3 of
the inheritance if there are other half siblings from the
mother‟s side if the deceased has no inheriting
descendent or male inheriting ascendant.
3. Males and females are equal in their right to receive the
entire inheritance if they are the sole inheritor.
4. In some cases, the female‟s fixed share is equal or greater
than the remainder of the inheritance that is the male
agnate‟s share.
5. By comparing the women‟s shares and the men‟s shares,
it is evident that the majority of women who inherit,
inherit fixed shares, whereas there are only two types of
men who inherit fixed shares. The other classifications of
men only inherit the remainder of the inheritance after
the fixed shares have been distributed, the majority of
which go to women. Based on this, it is clear that as a
group, women receive a greater share of the inheritance,
since the fixed shares that are designated for women are
more than those that are designated for men. Glory be
to God the All-Knowing, Who has applied mercy and
justice to all affairs.

This Article clarifies that the general principle is equality
between men and women in applying the standards of distribution,
and this applies to cases other than those that have been previously
mentioned.
*Clause (1)
The mother receives half of the father‟s share if the deceased
son does not have any descendants who inherit. She is equal to him
in other cases if their deceased son has at least son or two
daughters. Allah the Exalted says:
َ‫س‬ ُّ َ‫ََّوألَََد َويِْ َلِ ُُ ََِّو ِس ٍك ََِّ ْد ُه َمآ‬
ُ ‫لن ُك‬ ُ ‫ص‬ْ ِّ‫تَو ِس َك ًَ َفدنْلَ َهآَ ل‬ ْ َ‫ وإن َََّآن‬...
َ‫إن‬
َ ‫ثَ َف‬ُ ُ‫َوورِثَ َُأَََد َو هَُ َفألَُِّ ِ َ لُّثدنْل‬
َ ‫ّمنآََتد َْ َكَإن َََّآ َنََل َُوَل ٌكَ َفإنَنَلَْيَ ُُ َلن َُوَل ٌك‬
ِ
)22 8:‫ (انُسا‬‫س‬ َُ ‫لن ُك‬ ُّ َ ِ َُِّ‫ََّآ َنََل َُإ ْخ َو ٌَ َفأل‬
… And if there is only one [daughter], for her is
half. And for one‟s parents, to each one of them is a
sixth of his estate if he left children. But if he had
no children and the parents [alone] inherit from
him, then for his mother is one third. And if he had
brothers [or sisters], for his mother is a sixth… (4:
11)
It was narrated on the authority of Ibn „Abbaas (may Allah be
peace be upon him) said, “Give the fara‟idh, (the shares
prescribed in the Qur‟an) to those who are entitled to receive
them, and whatever remains should be given to the closest male
relative of the deceased.” 1 These cases are clarified as follows:
Father Mother Son

(A)
1/6 1/6 Remaining amount for agnate
Father Mother Two Daughters

(B) 1/6 1/6 2/3
1 1 4
(C) In fact, there is a case wherein the mother and father‟s shares
are equal when there is one daughter, and that is in the case where a
1
woman dies and is survived by:

Husband Father Mother Daughter This case is
redistributed
1/4 1/6 1/6 1/2 using the
principle of
3 2 2 6 „Awl1
(D) There are cases wherein the grandmother receives as much as

the father, even though she is the grandmother from the mother‟s
side, and she is the furthest of the inheritors from the deceased: 2
(A) (B)
Mother‟s
Father Son Father Mother‟s Mother Two Daughters
Mother
Remaining
1/6 1/6 amount as 1/6 1/6 2/3
agnate
1 1 1 1 4
4
* Clause (2):
This clarifies that the half-siblings from the mother‟s
side are equal in their entitlement to one-sixth for each of them
to share equally in one-third if they are more than two, and this
is known in inheritance as the case of the kalaalah: (A person
who has no inheriting descendants or male inheriting
ascendants). Allah the Exalted says:
ٍَ‫ت َفَنْلِ ُُ َِّ َو ِسك‬ ٌ ‫ث َََّللَيً َأَوِ َ َْ َْأَ ٌَولَ ُ َأَخٌ َأ َْو َأُ ْخ‬
ُ ‫ور‬َ ُ‫َر ُج ٌَ َي‬َ ‫ وإن َََّآ َن‬..
َِ‫ث ََِ ََد ْعك‬ ِ ِ ِ ُّ َ‫َِّ ْد ُه َمآ‬
َ ْ ُ‫ك َ َفد ُه ْ ي َ ُ َََّْآ ُ َِب َ لُّثدنْل‬ َ ‫س َفَإن َََّآنُو َأَ ََّْثد َْ ََ َ َذل‬ ُ ‫لن ُك‬
ٌ‫َسنْلِ َ ي‬ ِ ِ َِ ً‫ضآرٍ َو ِ ني‬
َ ‫ََ َ َ نِ َو نُِ َ َعنْل ٌ ي‬ ّ
ِ ٍِ
ّ َ ََُ َْ ‫و ني َيُو َى َِبَآ َأ َْو َ َديْ ٍ َ َ ْد‬
)21 8:‫(انُسا‬
1
This refers to the increase of the shares of the people who have set shares over the
actual available number, and in this case, the actual division will be from twelve
although the number of shares of the inheritance is 13. Thus the inheritance is
divided by 13, and not by 12.
2
This exceeds the standard of equality between the man and the woman when they are
of the same degree of kinship, because it demonstrates the extent of respect that
Islam has for women, even though she is further from the deceased than the man, and
despite this, she inherits the same share that he does; for the mother of the mother is
farther than the father, yet still, she receives the same share that he does.
… And if a man or woman leaves neither

ascendants nor descendants but has a brother or a
sister, then for each one of them is a sixth. But if
they are more than two, they share a third, after any
bequest which was made or debt, as long as there is
no detriment [caused]. [This is] an ordinance from
Allah, and Allah is Knowing and Forbearing. (4:
12)
* Clause (3):
This clarifies that the male and female are equal in their
entitlement to the entire inheritance when there are no other
inheritors. This applies regardless of whether the man takes the
entire inheritance as an agnate, or whether the woman takes her
fixed share and then the rest is returned to her such as in the
following cases:
His Share Her Share
The entire inheritance
1/3 + the remainder
(A) Father (agnate‟s entitlement to M other
is returned to her
all that remains)
1/2 + the remainder
(B) Son (agnate‟s entitlement to Daughter is returned to her
all that remains)
1/2 + the remainder
(C) Brother (agnate‟s entitlement to Sister is returned to her
all that remains)
1/2 + the remainder is 1/4 + the remainder
(D) Husband Wife
returned to him is returned to her1
M aternal The entire
(E) The entire inheritance M aternal Aunt
Uncle inheritance
Paternal The entire
(F) (agnate‟s entitlement to Paternal Aunt
Uncle inheritance
all that remains)
These are only examples and do not include all of the

examples of the equality between men and women.
* Clause (4):
1
In the case that there are no agnates or other relatives or inheritors of fixed shares.
In some cases, the woman‟s assigned share may be equal to

or more than the male‟s agnate‟s entitlement to the remainder as in
the following cases:
A. The share of the full sister is the same as the share of the full
brother:
Husband Brother Husband Sister
1/2 Agnate‟s 1/2 1/2

(1) entitlement to
remainder
1 1 1 1
Husband Daughter Brother Husband Daughter Sister

She takes the
remainder as
Agnate‟s
1/4 1/2 an agnate
entitlement
(2) 1/4 1/2 when she is
to
accompanied
remainder 1 2
1 2 by the
1 daughter
1
B. The share of the half-sister from the mother (by herself) is equal
to the share of a full brother:
In this case the half-sister from the mother, who is the
furthest of the relatives, is equal to the full brother who is the
closest:
Half-Sister (from
Husband M other Full Brother
mother)
1/2 1/6 1/6 Balance
3 1 1 1
*Clause (5):
This clarifies that the women is given a greater share of the
inheritance because the fixed shares that are available for them are
much more frequent than those that go to men. The system of
inheritance in Islam is works in two main ways:
1. Inheriting a fixed share according to what was mentioned in
the Noble Qur‟an and the Prophetic traditions. The meaning
of this is that the person who is due the fixed share

takes what has been assigned to them in the Shari‟ah text,
whether it be two-thirds, one-third, one-sixth, half, one-
fourth, or one-eighth.
2. Inheriting by way of the agnate‟s entitlement to the
remainder. This means that the person inherits whatever
remains after the people who have fixed shares have taken
their due. These inheritors do not inherit a specific
percentage and they include agnates (by themselves), such as
the son and the son‟s son (and so on); the father and the
grandfather (the father‟s father, and so on); the full brother,
the half-brother from the father, and their sons; the paternal
uncle, his sons, and his son‟s sons (and so on), and other
agnates who are mentioned in fiqh references.
The system of inheritance is applied such that the people
who have fixed shares take what has been assigned to them first,
and then the agnate takes anything that is left over, or they may
take the entire inheritance if there are no other inheritors.
By surveying the inheritance shares, it is evident that women
inherit more than men by way of fixed shares, and their inheritance
by way of fixed shares is greater than their inheritance by taking the
remainder in many cases. This can be seen in the following table,
and the analysis that follows:
2/3 1/2 1/3 1/6 1/4 1/8

1. Two or 1. Single 1. The 1. The mother 1. The 1. The
more daughter mother husband wife
2. The grandmother
daughters when when
2. Single 2. The half-
3. The daughter of there are there are
2. Two or daughter of sister from
the son children children
more son the mother from the from her
daughters of (equally 4. The half-sister
3. Single wife husband.
the son shared with from the father
full sister others) 2. The
3. Two or 5. The half-sister
4. Single wife,
more full 3. The half- from the mother
half-sister when
sisters brother from there are
from the the mother 6. The half-brother
Two or more father from the mother no
(equally
half sisters children
5. The shared with 7. The father
from the from the
husband others)
father husband.
8. The Grandfather
The following conclusions can be made from this division:

1. The greatest fixed share in the Qur‟an is two-thirds. No
males receive this share; and it is only for females in the
case they there is no male who is equal to them in degree of
proximity to the deceased.
2. The share of one half is only assigned to the husband when
the deceased does not have any descendants who inherit.
This is rare, so the share of one half remains for four
categories of females.
3. The share of one-third is assigned to two categories of
females: the mother in the absence of any inheriting
descendant and with the condition of the absence of two or
more siblings. It is also assigned to two or more half-sisters
from the mother‟s side in the absence of any inheriting
descendant or male ascendant. The half-brothers from the
mother‟s side are subject to the same conditions as in the
case of a half-sister and a half-brother, wherein they divide
the share of 1/3 equally between them as was previously
mentioned.
4. The share of one-sixth goes to eight categories of

inheritors: five to females, and three to males.
5. The share of one-fourth is assigned to the husband if the
wife has an inheriting descendant, and the wife takes this
share if her husband has no inheriting descendant.
6. The share of one-eighth goes to the wife if there is a
descendant who inherits from the husband.
Section Six
Bequests
This Section discusses the system of bequests in Islam as a

manifestation of the relationship between the small family and the
large family. It clarifies the definition of a bequest, the wi sdom
behind its legislation, its status in Islam, the limits on its amount,
and whether or not it is permissible for a testator to make a bequest
to one of his inheritors. This Section then goes on to clarify the
general conditions for the bequest and in conclusion it discusses
the obligatory bequest. These topics are covered in seven Articles.
Article (150)
Definition
A bequest is one of the means of social takaaful in Islam. It
is the final pillar in the system of inheritance as it allows the
testator to voluntarily transfer ownership of part of the legacy to
anyone he chooses, whether it be to those whom he loves, to his
relatives, or to anyone else, to be carried out after his death.

This Article defines a “bequest” as a voluntary transfer of
ownership of part of the legacy by the testator to whomever he
chooses, whether it be to people who are beloved to him, his
relatives, or anyone else, to be executed after the testator‟s death.
***
Article (151)
The Wisdom Behind its Legislation
Allah, the Mighty and Glorious, ordained the principles
of inheritance, making them obligatory and binding by defining
those who are entitled to inherit and the shares that each
person is due, without allowing them to be influenced by the
will of the deceased or the will of the inheritors. However,
considering that that the testator is the owner of the

wealth that he gathered through his own efforts and earnings,
the Wisdom of Allah the Exalted dictated that these defined
shares should be limited to 2/3 of the inheritance, leaving 1/3 of
the inheritance to be distributed according to the will of the
testator, to dispose of as he chooses. Thus, he may assign it to
any of the people who are connected to him by love, kinship, or
any other ties. Likewise, he may bequeath it to make up for
some negligence in his worldly life, to increase his reward from
Allah by directing it to a charitable organization or doing
something that benefits the Muslim community.

This basis for this Article is indicated by the Words of Allah
the Exalted:
ِ ِ ‫َِ ْ ََد ْع ِكَو ِ ن ٍيَيو‬
)22 8:‫(انُسا‬‫يَِبَآ‬ ُ َ
… After any bequest he [may have] made …. (4:
11)
Also, it was reported by Mu‟aadh ibn Jabal that the Messenger of
Allah (may blessings and peace be upon him) said, “Allah has
given you one-third of your wealth in charity upon your death
as an addition to your good deeds.” 1
***
Article (152)
The Status of Bequests in Islam
Shari‟ah encourages bequests and has given the practice
great status by making it the first of the obligations of
inheritance to be executed. The reason for this is that the
bequest is executed according to the will of the deceased, and
thus, it is a part of what he earns in the worldly life, and is one
of his good deeds for which he is rewarded after his death.

1
Hasan hadith, reported by Ahmad, Ad-Daraqutni, Al-Bazzaar, and Ibn Maajah.
The bequest comes second with regard to the rights that are
related to the inheritance of the deceased (after preparing the body
and burying it) after paying any debts. Debts are given priority
over bequests by consensus of the scholars of Jurisprudence
because the debt is an obligation from the very beginning, while the
bequest is initially a voluntary gift, and that which is obligatory is
to be carried out before that which is voluntary. It was related from
„Ali (may Allah be pleased with him) that he said, “You read the
bequest before the debt, but I witnessed the Messenger of Allah
(may blessings and peace be upon him) start with the debt before
the bequest.”1
***
Article (153)
Limits on Bequests
The maximum limit for bequests is one-third of the
inheritance, and Shari‟ah encourages people to make their
bequests less than one-third of the inheritance, in preference to
the rights of the inheritors. It is not permissible to bequest more
than one-third of the inheritance unless the inheritors agree to
the amount that is in excess. In the case that they do not
approve the extra amount, the bequest will be executed,
however, only to the maximum limit of one-third of the
inheritance.

The content of this Article is indicated by the narration of
S‟ad bin Abi Waqqaas (may Allah be pleased with him) who said:
I said, “O Messenger of Allah, I am wealthy and I have only
one daughter to inherit me. Shall I give two thirds of my
wealth in charity?” He answered, “No.” I asked, “Shall I
1
Hasan hadith, Reported by Ahmad, At-Tirmidhi, Ibn Maajah, Al-Haakim, Ad-
Daaraqutni, Al-Baihaqi, Abu Daawood, At-Tayaalisi, Al-Humaydi, Abu Ya„la, Abd
Ar-Razzaaq, and Ibn Abi Shaybah. At-Tirmidhi said that according to most scholars
debts should be paid before paying any bequests. See As-Sarkhasi, Al-Mabsoot, vol.
29, p. 137.
give one half of it in charity?” He answered, “No.” I asked,

“Shall I give one-third of it in charity?” He answered, “One-
third; and one-third is much. It is better to leave your
inheritors wealthy than to leave them in need to beg from
people.” 1
As for a bequest that is more than one-third, in the case that
the testator has an inheritor, then it is not permissible for the
testator to make a bequest over one-third of the inheritance. If he
does, the bequest will not be executed without the permission of the
inheritor.
The question remains, however: In the case that the testator
does not have any inheritors, is it permissible for him to bequeath
more than one-third of the inheritance or not? There are differences
of opinion between scholars of Islamic Jurisprudence on this issue,
however; it is our opinion that the preponderant position is the
permissibility of the extra amount in this case on the basis of the
wisdom behind the prohibition of anything over one-third that is
established in the Shari‟ah texts. As the reason for the prohibition is
to prevent preferring one inheritor over another, in the case that
there are no inheritors, there is no reason to prevent making a
bequest over this limit, as doing so does not indicate preference
towards anyone.
Article (154)
Bequests for Heirs
It is not permissible for the testator to make a bequest to
any of his inheritors unless the other inheritors agree to the
bequest; or unless doing so achieves justice between the
inheritors by taking into consideration a Shari‟ah recognized
need that is truly specific to the person who is the recipient of
the bequest.

Scholars of Islamic Jurisprudence differ with regard to
1
whether or not it is permissible for a testator to make a bequest to

one of his inheritors, even if it is within the limits of one third of
the inheritance. For the sake of avoiding this difference of opinion
and in order to achieve justice between the inheritors, this Charter
has adopted the opinion that it is not permissible for the testator to
bequeath any of the inheritance to any of his inheritors unless the
other inheritors approve of the bequest, or unless the reason for the
bequest is to help a beneficiary who has special circumstances that
make the assistance obligatory. Such circumstances include being
young, sick, or having any other need that is recognized by
Shari‟ah and that is truly particular to only that beneficiary.
From the spirit of Shari‟ah and its noble sublime aims, it is
understood that anything that creates animosity between the
children and the other relatives by preferring some of them over
others is forbidden during one‟s life as well as after one‟s death;
unless there is an actual valid reason that is affirmed by Shari‟ah
and logic, to give preference to some over others.
***
Article (155)
General Conditions
The testator who makes a bequest must do so of his own
free will, not under duress, and he must be competent to
dispose. The beneficiary of the bequest must exist, and if the
bequest is designated for a particular person, he must accept it.
Also, the wealth that is bequeathed must be property1 that has
legal value and is valid to be inherited.

This Article clarifies the general conditions for the testator,
the recipient of the bequest, and the bequeathed property. As for
the testator, he must make the bequest of his own free will; not
under duress, and he must be competent to dispose. This is the
1
[T.N. Property in this context refers to any material thing with value that can be
possessed.]
general principle with regard to all voluntary transfers of

ownership.
As for the recipient of the bequest, he must exist de facto or
de jure. If he does not, the bequest shall be invalid, as it is not valid
to make a bequest to a person or entity that does not exist. This is
because the bequest is a transfer of ownership, and ownership
cannot be transferred to a non-existent party. Another condition
with regard to the recipient of the bequest is that he must accept the
bequest if it is designated for a specific person. The reason for this
is that one of the conditions for the execution of the bequest is the
recipient‟s acceptance of it if he has been specifically designated;
as is the ruling with regard to other voluntary transfers of property.
As for the bequeathed property, it must be property with
legal value that is valid to be inherited; this is because the bequest
is a transfer of ownership, and only ownership of property can be
transferred.
Article (156)
The Obligatory Bequest
In the pursuit of what is just, some manmade laws,
including Egyptian law no. 43 of 1946 C.E. of Article 76 have
adopted the opinion of some schools of jurisprudence that s tate
that it is obligatory for a person to make a bequest for the
descendent of a son who died during the testator‟s life if that
descendent would not otherwise inherit. The bequest should be
the same as the share that the deceased son would have
received, with the condition that the share does not exceed one-
third of the inheritance. If the grandfather does not make a
bequest for the descendent of his son, despite meeting the
conditions that make it obligatory to do so, the descendant will
be legally entitled to inherit the amount of his father‟s share or
one-third of the inheritance, whichever is less.

This Article discusses the obligatory bequest and its rulings.
This type of bequest is the product of juristic reasoning that is
based on the preponderance of a Shari‟ah recognized interest.

Denying the children of a child who died during the life of the
testator the inheritance of their grandfather is not consistent with
the Shari‟ah recognized aims and the interests of people and neither
is it befitting of the equity between the sons. This is particularly so
in our day in age when religious adherence has become weak and
most people have stopped making bequests, and the living sons
who are responsible for the financial support of the sons of their
deceased brother have begun to shirk their responsibilities towards
them, even when a legal verdict enforcing this responsibility is
issued. The obligatory bequest takes all of these principles and
Shari‟ah recognized interests into consideration.
This ruling has been adopted in most of the Islamic countries
and has become a preponderant juristic opinion, and there is not sin
upon the Muslim who applies it.
This is a fiqh ruling that was dictated by the requirements of
justice when the impact of the death of many married adult children
during the life of their parents was noticed; while they had
contributed a great share to the wealth of the family, when they
died, they left inheritors who had no share in the inheritance of
their grandfather.
In such cases, the grandfather should write a bequest. If he
does so for the benefit of his grandchildren, then they will receive
their share on the basis of the bequest, rather than on the basis of
the law. This protects from falling into ruin and prevents them from
having to resort to the courts if the other inheritors deny their right
to their grandfather‟s inheritance.
***
Section Seven
Endowments
This Section discusses the system of endowments in Islam as

a manifestation of the relationship between the small family and the
large family, and as one of the important means of social takaaful
in Islam. This Section defines the meaning of endowment, clarifies
the basis for its legislation, the conditions and rulings related to it,
and its practical position in Islam. It then clarifies the goals that it
serves, the role of endowments in the advancement of Islamic
civilization, and the obligation to care for endowments and
facilitate the rulings related to them. In conclusion it addresses the
topic of establishing endowments for one‟s offspring. These topics
are covered in eight articles.
Article (157)
Definition
An "endowment" (waqf) is the means of preventing
wealth from circulation during the life and after the death of
the person making the endowment. It designates that the fruits
and benefits of the endowment are to be donated for the sake of
Allah, to be used for any charity that benefits people and is of
general benefit to the society.

This Article clarifies the definition of an endowment, where
for example, a person designates farming land as an endowment so
that everything it produces is donated for charitable causes. This is
the true meaning of an endowment; wherein the original asset is
retained and the revenue is given in charity.
Article (158)
The Basis for its Legislation
Endowments are a form of voluntary perpetual charity
wherein the asset is fixed and its reward is ongoing. It is a
financial form of worship and one of the important means of

social takaaful in Islam. Likewise, it is an emphasized Sunnah
from the words and actions of the Prophet (may blessings and
peace be upon him) as he was the first person to establish an
endowment in Islam. He was also the first to order those who
gave charity to do so by establishing endowments whereby the
original asset is retained and its yield is spent for the sake of
Allah. The practice of establishing endowments was established
by the consensus of the Companions (may Allah be pleased with
them) and the Islamic community after them.

This Article clarifies the basis for the legislation of
endowments in some of the texts and narrations:
It was related from Abu Hurayrah (may Allah be pleased
upon him) said, “When a person dies all his good deeds cease
except for three: a continuous act of charity, beneficial
knowledge, and a righteous son who prays for him.” 1
„Amr ibn Al-Haarith, the brother of the Mother of the
Believers, Juwayriyyah, (may Allah be pleased with them) said,
“When the Messenger of Allah (may blessings and peace be upon
him) died, he did not leave behind a single dirham, dinar, slave, or
anything else except for a white mule and his weapon, and some
land that he designated as charity.”2
Ibn „Umar (may Allah be pleased with him) said, “Umar
(may Allah be pleased with him) was appropriated some land in
Khaybar so he went to the Prophet (may blessings and peace be
upon him) to ask him what he should do with it. He said, “I have
been appropriated some land in Khaybar that is more valuable to
me than any of my other wealth.” The Prophet (may blessings and
peace be upon him) said, “If you like, you can retain the original
asset and give to charity from it.” So, „Umar gave it as charity,
however the original asset was not to be sold, inherited, or gifted.
1
2
From it, charity was given to the poor, for his relatives, to
set slaves free, for the sake of Allah, and for travelers and guests.
Also, the caretaker of the land was allowed to eat from it according
to what is commonly accepted, and to feed a friend from it as well.1
It was related by Abu Hurayrah (may Allah be pleased with
him) in a long hadith, that the Messenger of Allah (may blessings
and peace be upon him) assigned „Umar to gather the voluntary
charity… and Khaalid designated his armor and weapons as an
endowment for the sake of Allah.2
„Uthmaan (may Allah be pleased with him) narrated that
when the Prophet (may blessings and peace be upon him) arrived at
Medina there was no drinking water other than the Roomah well.
He asked, “Who will buy the Roomah well and set it aside so
that he and the Muslims can drink from it in exchange for
reward from it in Paradise?” So I bought it from my money. 3
Anas (may Allah be pleased with him) said, “Abu Talhah
was the wealthiest person in Madinah in palm trees, and the most
beloved of his wealth was Bayrhaa, and it was the area in front of
the mosque. The Messenger of Allah (may blessings and peace be
upon him) would enter it and drink sweet water from it. Then when
the verse of the Qur‟an was revealed:
ُِ ‫ْاَس نََتدُ ْ ِفقُو َِّمن‬
)71 8ٌ‫ (آل عًزا‬‫ن‬
َ ‫آََت ُِّو‬ َ ‫لَ ْ ََتدَآلُو َ لِ ن‬
Never will you attain the good [reward] until you
spend [in the way of Allah] from that which you
love. And whatever you spend indeed, Allah is
Knowing of it. (3: 92)
Abu Talhah stood before the Messenger of Allah (may blessings
and peace be upon him) and said, “O Messenger of Allah, Allah the
Blessed and Exalted says, Never will you attain the good [reward]
until you spend [in the way of Allah] from that which you love
and there is nothing that I love more than Bayrhaa, so I give it in
charity for the sake of Allah, and I hope to find its goodness and
1
Saheeh hadith, reported by Al-Bukhari and Muslim, and the wording is by Muslim.
2
3
Hasan hadith, reported by An-Nasaa‟i and At-Tirmidhi.
treasure with Allah the Exalted. So do whatever Allah guides you

to do with it. The Prophet (may blessings and peace be upon him)
said, “Excellent! That is profitable wealth! That is profitable
wealth! I have heard what you said, and it is my opinion that
you should give it to your relatives.” Abu Talhah said, “I shall do
that, O Messenger of Allah.” So he divided it between his maternal
relatives and his paternal cousins.1
It was narrated that Umm Ma‟qil went to the Prophet (may
blessings and peace be upon him) and said, “O Messenger of Allah,
Abu Ma‟qil designated his camel as an endowment for the sake of
Allah and I want to go for Hajj, shall I ride it?” The Prophet (may
blessings and peace be upon him) answered, “Ride it, for Hajj and
„Umrah are for the sake of Allah.” 2
***
Article (159)
Conditions and Rulings Related to Endowments
Because of its great importance, scholars of Islamic
jurisprudence were meticulous in specifying the details of the
rulings pertaining to endowments. Some scholars added
stipulations for their validity, such as stipulating that the
endowment must be an individual parcel or lot of real estate.
They also stipulated that it must be designated for a perpetual
entity, in addition to other such conditions. However, other
scholars of Islamic jurisprudence did not stipulate any of these
conditions, and theirs is the preponderant opinion, thereby
implementing the guidance of the Prophet (may blessings and
peace be upon him) who encouraged people to establish
endowments and look after the interests of the Muslims. Thus,
it is permissible to designate shared property, moveable
property, real estate, as well as other things as endowments;
permanently or temporarily. In principle, endowments are not
1
2
Hasan hadith recorded by Abu Na‟eem in Ma‟rifat As-Sahabah. See Ibn Qudamah‟s
narration of this hadith in his book Al-Mughni, vol. 5, p. 376.
binding except in some cases where they are permanent,

such as designating land as an endowment to build a mosque
upon it.

This Article discusses the conditions of endowments and the
differences of opinion between scholars of Islamic Jurisprudence,
regarding the conditions for endowments. This Charter has adopted
the opinion that does not stipulate any conditions for the validity of
the endowment, except for one general ruling: The endowment is
permissible so long as the asset is something that is permissible to
sell and can be benefited from without being consumed.
***
Article (160)
Its Practical Position in Islam
It is permissible to establish endowments for all good and
righteous projects and for anything that supports the society,
encourages social takaaful, spreads love and mercy between its
members, and establishes the ties of human brotherhood and
takaaful between members of the Muslim community. Thus,
endowments are not limited to a certain field. Rather, they
encompass all aspects of human life, public utilities, general
services, and all forms of advancement of the civilization.

This Article discusses the role of endowments, their practical
position in Islam, and their fundamental role in financing various
establishments of civil society and meeting the local and charitable
needs of the society.
***
Article (161)
Goals that are Served by Endowments
Throughout history, Muslims, both governors and the
governed, have competed with each other in spending their
wealth to establish endowments for the following purposes:
1. All humanitarian fields and meeting the needs of the
poor and needy; this includes establishing endowments
for foundlings, orphans, the unemployed, the elderly, the
blind, and lepers; assisting young men and women to get
married; providing milk and sugar for nursing infants;
establishing facilities that provide drinking water and
restaurants that provide food for the poor and needy;
donating graves, providing interest free loans or homes
for the poor, needy, and anyone who is unable to buy or
rent a place to live; and building public baths to
maintain hygiene. Homes in Makkah were also
designated as endowments for pilgri ms during their stay
there, and endowments were even established for
animals.
2. Public utilities to facilitate the affairs of life; this includes
establishing endowments to improve aqueducts and
bridges, and designating wells in the desert as
endowments to provide water for travelers, crops, and
animals.
3. Jihad for the sake of Allah; procuring weapons of war,
horses, armor, and providing for the fighters and their
families.
4. Some people established endowments for their own
offspring to prevent their wealth from being squandered
and to guarantee a continuous return for the
beneficiaries of the endowment.

This Article discusses the aims that are served by endowments, and
it is rich in examples and clarifications of these aims.
Article (162)
The Role of Endowments in the Progress of Islamic Civilization
Endowments played an essential role in the majority of
the accomplishments that were achieved in science and
civilization in Islamic lands, while Europe and the majority of
the world were still living in the Dark Ages. Some of these
accomplishments include:
1. Spreading knowledge and information by establishing
endowments for schools, mosques, public libraries, and
schools to memorize the noble Qur‟an. Endowments
were also established for students who were seeking
knowledge, to cover their food and lodging and other
expenses.
2. Establishing endowments for astronomical telescopes,
research and translation centers. Endowments were also
established for teaching hospitals to teach medicine and
nursing and to develop the sciences of pharmacology,
chemistry, and botany.
3. Endowments played an active role in preserving Islamic
principles. They promoted the Islamic society and its
advancement, spreading Islam and calling others to it,
and defending against missionary operations and other
forms of ideological and psychological destruction that
were launched against Muslim lands by enemies of
Islam.

This Article discusses the role of endowments in advancing
the Islamic civilization, as well as providing a wealth of examples
of this advancement.
***
Article (163)
The Obligation of Looking After Endowments and Easing the
Rulings Related to Them
Ever since the end of the nineteenth century, Muslims
have been afflicted by the occupation of their lands and have
been the target of ideological, economic, and military invasions.
Realizing the importance of endowments in thwarting their
plans, the enemies of Islam worked to destroy the concept of
endowments and plunder their funds, leaving the society almost
completely dependant on governments that are allied with the
enemy. Citing some negative aspects (which are not impossible
to correct), many Islamic countries enacted secular laws that
make it difficult to establish endowments; putting limits on
them and placing obstacles in their way. Oversight and
supervision of endowments was abolished, such as in the case of
Egyptian Law 48 of 1946, and the other laws that followed it.
Such laws caused people to abandon the practice of establishing
endowments until they almost vanished from the society.
However, now, the time has come for endowments to regain
their former status in serving Muslims and the Islamic society,
and for a group of Muslims to propagate this concept seeking
their reward from Allah the Exalted.

This Article discusses the history of establishments through
the nineteenth century and describes the form they should take in
our present time.
***
Article (164)
Endowments for One‟s Progeny
Recently, there has been a trend in some Islamic
countries to prevent the testator from establishing any type of
endowment for his offspring, which is known as a family
endowment. The reason for the prohibition is that over the
years, this practice has tied up a great amount of

wealth, keeping it out of circulation, thereby causing harm to
the national economy and hindering development. Also, with
the increase in the number of offspring, over time the returns
that are divided between the entitled beneficiaries become very
meager, especially when most of the returns from the
endowment are consumed in covering the expenses of its
administration.
The most correct view practically speaking and
according to Shari‟ah, is to continue to allow endowments for
one‟s offspring (family) on the basis of the Shari‟ah texts, while
at the same time, establishing regulations and stipulations that
allow the endowment to be dispensed of and distributed to the
deserving parties if it becomes deficient in achieving its
Shari‟ah aim.

This Article discusses endowments for one‟s offspring
whereby the benefits of the endowment are directed specifically to
the children or relatives of the deceased. In view of the Shari‟ah
interest that is achieved by establishing endowments for one‟s
offspring, this Charter has adopted the opinion that endowments for
one‟s offspring should continue to be permitted in application of
the Shari‟ah texts. However, they should be subject to rules and
conditions that permit the endowment to be dispensed of and
distributed to the entitled parties if it becomes deficient in
achieving its Shari‟ah aims.
***
Glossary
The practice of obliging the male paternal

Al-‟aaqilah relatives of a person who is convicted of
accidental manslaughter to share in paying the
blood money.
Al-‟awl: A way of proportionately reducing the share of
all inheritors when the inheritors‟ shares exceed
the actual number of shares.
The science of Islamic Jurisprudence. This
Fiqh science covers all fields related to worship and
transactions. The word in its non-technical
sense means “understanding.”
Fitr Zakaah Charity that is paid after the fasting of the
month of Ramadan.
Ghareeb hadith A hadith that is reported by only a very small

number of narrators.
Hadd A punishment that is specified in the Qur‟an for

a major crime such as murder, theft, or
fornication.
Hadith A prophetic tradition which reports a saying
action or reaction of the Prophet Muhammad
(may Allah‟s blessings and peace be upon him).
A good hadith with respect to the reliability of
Hasan hadith the transmission of the text, (not a judgment of
the text itself). This is considered the second
degree of reliability, the first being “saheeh”
(authentic).
The Feast of Sacrifice that occurs on the tenth
„Id al-Adha day of the month of pilgrimage. On this day
and the next three days one may slaughter his
sacrifice or animal offering.
The Feast of Breaking the Fast which marks the

„Id al-Fitr
end of Ramadan, the month of fasting.
A high degree of faith. The Prophet
Ihsaan Muhammad (may Allah‟s blessings and peace
be upon him) defined it as “Worshipping Allah
as if you see Him, for even if you do not see
Him, He sees you.”
Imaan Firm conviction and faith.
Vicegerency - This refers to the concept of

Allah having designated a Caliph (khalifa) on
Istikhlaaf Earth to look after and care for creation, using
the available resources and wealth with wisdom
for the benefit of all, rather than exploiting
them
Kalaalah (where there is no inheriting descendent or male
inheriting ascendant).
The arrangement in which the wife seeks

Khul‟a divorce through making a deal with her
husband, such as returning the dowry he paid
her.
A procedure in which a husband who accuses
his wife of adultery, without having witnesses
swears four times to Allah that he is telling the
Li‟aan truth, and the fifth time that he deserves Allah‟s
wrath if he is telling a lie. The wife then may,
if she claims innocence, swear four times that
he is telling a lie, and the firth time that she
deserves Allah‟s wrath if he is telling the truth.
Mahram: One‟s relatives to whom marriage is forbidden
due to the proximity of ties of consanguinity,
affinity, or nursing.
Al-masalih Rulings based on public interest in the absence
al-mursalah of a legislative source from the Qur‟an or
Sunnah.
Mujtahid A jurist who forms independent decisions in

legal or theological matters, based on the
interpretation and application of the main
principles of derivation of Islamic law.
Mukallaf A person who meets the conditions to be held
liable for fulfilling the requirements of
Shari„ah.
A hadith that is attributed to the Prophet (may
Mursal hadith Allah‟s blessings and peace be upon him) by a
second generation narrator without mentioning
the name of the first generation narrator (the
companion) from whom he heard it.
Al-mutàh A conciliatory gift given by the man to the wife
if he divorces her in order to lessen the resulting
pain and hardship.
Qiwaamah Being in charge of and responsible for
supporting the family.
Closing the door against the possibility of

Sadd adh-dharaa‟i„ committing illegal things. Sometimes, a
permissible act may be forbidden by the law,
because it leads or may most probably lead to
illegal actions.
Saheeh hadith An authentic hadith.
Siwaak A small branch of a tree used to clean the teeth.
Takaaful Solidarity;
Takhaaruj:. The agreement between heirs when one of them
gives up his share of the inheritance in
exchange for its value or for something else.
Walaa‟ A bond between two people, such as the bond
of affiliation that is created by freeing a slave.
This bond involves rights and obligations on
each party. The rights include that the person
who freed the slave has the right to inherit from
the freed slave if he does not have any other
inheritors.
Waqf Allocating part of one‟s possession as an

endowment for a specific righteous purpose; it
should not be sold or disposed of except under
the conditions stipulated by the establisher of
the endowment, or with the aim or perpetuating
it.
References
First: The Noble Qur‟an
Second: Lexicons
- Al-Misbaah Al-Muneer, Al-Fayoomi
- Al-Mu‟jam Al-Waseet, Arabic Academy, Cairo
- Mu‟jam Lughat Al-Fuqahaa‟, Dr. Muhammad Rawwas
Qal‟aji and Dr. Hamid Sadeeq
Third: Books of Qur‟anic Exegesis

- Tafseer Ibn Abi Haatim, Ibn Abi Haatim
- Tafseer At-Tabari, At-Tabari
- Ahkaam Al-Qur‟an, Al-Jesses
- Ahkaam Al-Qur‟an, Ibn Al-„Arabi
- Al-Jaami‟ Li Ahkaam Al-Qur‟an, Al-Qurtubi
- Tafseer Ar-Raazi, Ar-Raazi
- Tafseer Ibn Katheer, Ibn Katheer
- Tafseer Al-Jalalayn, with marginal notes by As-Saawwi
- Tafseer At-Taahir Ibn Ashur, At-Taahir Ibn Ashoor
- Tafseer Al-Manaar, Muhammad Rasheed Rida
Fourth: Books of Sunnah and its sciences

- Saheeh Al-Bukhari
- Saheeh Muslim
- Sunan Abu Dawood
- Sunan At-Tirmidhi
- Sunan An-Nasaa‟i
- Sunan Ibn Maajah
- Sunan Ad-Daarimi
- Sunan Ad-Daaraqutni
- Sunan Al-Bayhaqi
- Sunan Sa‟eed ibn Mansoor
- Saheeh Ibn Khuzaymah
- Saheeh Ibn Hibbaan
- Muwatta Maalik
- Musnad Ash-Shaafi‟i
- Musnad Ahmad
- Musnad Al-Bazzaar
- Musnad Abu Dawood At-Tayalisi
- Musnad „Abd ibn Humayd
- Musnad Abu Ya‟la
- Mustadrak Al-Haakim
- Al-Musannaf, Abdur-Rahman As-San‟ani
- Al-Musannaf, Ibn Abi Shaybah
- Al-Adab Al-Mufrad, Al-Bukhari
- Al-Amwal, Abu „Ubayd Al-Qaasim ibn Salaam
- Mu‟jam At-Tabaraani; Al-Kabeer, Al-Awsat and As-Sagheer
- Sharh As-Sunnah, Al-Baghawi
- Shu‟ab Al-Iman, Al-Bayhaqi
- Ma‟rifat As-Sahaabah, Abu Nu‟aym
- Al-Marasil, Abu Dawood
- Al-‟Iyaal, Ibn Abi Ad-Dunya
- Fath Al-Baari, Ibn Hajar Al-Asqalaani

- „Umdat Al-Qaari fi Sharh Saheeh Al-Bukhari, Muhammad
ibn Ahmad Al-‟Ayni
- Sharh Saheeh Muslim, An-Nawawi
- Ma‟aalim As-Sunan, Al-Khattaabi
- Tuhfat Al-Ahwazi Sharh Sunan At-Tirmidhi, Al-Mubarkufuri
- Haashiyat As-Sindi Sharh An-Nasaa‟i, As-Sindi
- Tarh At-Tathreeb fi Sharh At-Taqreeb, Abu Zur‟hah Ar-
Raazi
- Nayl Al-Awtaar, Ash-Shawkaani
- Subul As-Salaam, As-San‟ani
- Majma‟ Az-Zawaa‟id wa Manba‟ Al-Fawaa‟id, Nur Ad-
Deen Al-Haythami
- Al-Jami‟ As-Sagheer, As-Suyuti
- Fayd Al-Qadeer, Al-Manawi
- At-Talkhis Al-Habeer, Ibn Hajar Al-‟Asqalani
- „Ilal Al-Hadith, Abu Hatim
Fifth: Books of Fiqh (Islamic Jurisprudence)
Hanfi school of Fiqh:

- Al-Mabsoot, As-Sarkhasi
- Fat-h Al-Qadir, Kamaal Ad-Deen ibn Al-Humaam
- Hashiyat Ibn „Abdin, Ibn „Abdin
- Al-Fataawa Al-Hindiyyah
- Kitaab An-Nafaqaat, Al-Khassaaf Al-Hanafi
Maliki school of Fiqh:

- Mawaahib Al-Jaleel Li Sharh Mukhtasar Khaleel,

Al-Hattab
- At-Taj wal-Iklil Li-Mukhtasar Khaleel, Al-Mawwaaq
- Ash-Sharh Al-Kabeer, Ahmad Ad-Dardeer
Shafi‟i school of Fiqh:

- Al-Umm, Ash-Shafi‟i
- Al-Majmu‟ Sharh Al-Muhaththab, Yahyah ibn Sharaf An-
Nawawi, verified and completed by Muhammad Najeeb Al-
Muti‟i
- Nihaayat Al-Muhtaaj ila Sharh Al-Minhaaj, Ar-Ramli
Hanbali school of Fiqh:

- Al-Mughni, Ibn Qudaamah
- Zad Al-Mi‟aad fi Hady Khayr Al-‟Ibad, Ibn Al-Qayyim
- Ahkaam Ahl Adh-Dhimmah, Ibn Al-Qayyim
Zahiri school of Fiqh:

- Al-Muhalla, Ibn Hazm
Encyclopedias of Fiqh:
- Al-Mawsu‟ah Al-Fiqhiyyah, Ministry of Waqf and Islamic
Affair, Kuwait
- Al-Fiqh Al-Islami wa Adillatuh, Dr. Wahbah Az-Zuhayli
- Al-Mufassal fi Ahkam Al-Mar‟ah wal-Bayt Al-Muslim, Dr.
Abdul-Kareem Zidaan
Miscellaneous Books of Fiqh:

- Az-Zawaaj fi Ash-Shari‟ah Al-Islamiyyah, Sheikh Ali

Hasaballah
- Al-Ahwaal Ash-Shakhsiyyah, Muhammad Abu Zahrah
- Miraath Al-Mar‟ah fil-Islaam, Dr. Salaah Sultan
Sixth: Principles of Fiqh and its rulings

- Al-Ihkaam fi Usul Al-Ahkaam, Sayf Ad-Din Al-Amidi
- Al-Bahr Al-Muheet, Badr Ad-Deen Az-Zarkashi
- Al-Ashbah wan-Nadha‟ir, Jalaal Ad-Deen Abdur-Rahman
As-Suyooti
Seventh: Law
- Al-Wajeez fi Sharh Al-Qanoon Al-Madani, Dr. Abdur-
Razzaq As-Sanhuri
- At-Tashri‟ Al-Jinaa‟i fil-Islam, Abdul-Qaadir „Udah
- Al-Madkhal Al-Fiqi Al-‟Aam, Mustafa Ahmad Az-Zarqa
- Qanoon Al-Ahkaam Al-Shakhsiyyah, Arab Republic of
Egypt
Eighth: History and Biographies

- Tabaqaat ibn Sa‟d, Ibn Sa‟d
- Al-Isaabah fi Tamyeez As-Sahaabah, Ahmad ibn Ali ibn
Hajar Al-Asqalani
- Hilyat Al-Awliya, Abu Nu‟aym
- Tareekh Baghdad, Al-Khateeb Al-Baghdadi
- Al-Kaamil, Ibn „Adiyy
- Al-Bidaayah wan-Nihaayah

ميثاق الأسرة في الإسلام باللغة الإنجليزية

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ميثاق الأسرة في الإسلام باللغة الإنجليزية

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2 The Islamic Charter on Family

International Islamic Committee

2007 C.E. – 1428 A.H.

International Islamic Committee for Women &

The Drafting Committee

Dr. Fathi Lashin

Dr. Jamal Al-Deen Atiyyah

Dr. Abd El-Lateef Aamir

Also, we would like to express our thanks to Professor Burayda

Scholars Who Contributed Comments

Dr. Abdul-Majid bin Founder and President of Eman

Dr. Abdul-Rahman Part time consultant for the Ministry of

Dr. Ahmed Professor in the Department of Islamic

Dr. Ali Ahmad Former Head of Shari‟ah Consultants for

Dr. Essam Former Minister of Sudanese

Kingdom of Saudi Arabia.

Dr. Sabri Assistant Professor of Comparative Fiqh,

In the Name of Allah the Most Merciful the Most Beneficent

Why This Charter?

 This was the beginning of the realization of the

Since the 1980‟s, this invasion has formed a value system

Thus, the family is the essential building block in

sexual pleasure and reproductive health are like nutritional needs,

‫اجا ّلِ تَ ْسُكُنوا إَل ْي َها َو َج َع َل َب ْي َنُكم‬ ِ ِ ِِ ‫ َو ِم ْن‬

reason, it removes the stipulation of legitimacy from the

1 Programme of Action of the International Conference on Population and

‫وي ْن َه ْو َن‬ ِ ِ ِ ُ ‫ واْل ُم ْؤ ِمُنو َن واْل ُم ْؤ ِم َن‬

contained in this Programme of Action1… In this

The Mission of the Charter on Family

with anyone else in his personal matters, we say: This

remote areas. Such endowments established homes that were

In the Name of Allah, the Most Beneficent, the most Merciful

Standing Before the Charter

…But if they had referred it back to the Messenger or

seed of society, the basic unit of its being, and a model of it in

rulings were derived, and even in its terminology, which

Principles, Values and

male and female. Only through contact, cooperation, and

ability to perform specific, vital, life duties that the other

At the same time, Shari‟ah does not allow these

and social attributes.

from anything that might cause conflict or hatred.

In order to achieve this goal, rulings, and manners were

that each spouse makes in choosing his partner, the priority

The Muslim Community’s

community to facilitate the means of Shari‟ah sanctioned

partnership wherein each partner‟s gains are at the other‟s expense.

Part I: The Religious Deterrent

Abhorrence of Divorce and Limiting the Causes of Dissolution of

Part II: The Social Deterrent

Part III: The Governmental Deterrent

framework of the Islamic Shari‟ah rulings.

Chapter Between the Husband

According to Shari‟ah it is not permissible for a man

guardian is preventing her from getting married, or if she

Part I: The Mutual Rights and Responsibilities

them with understanding. In the case that they are unable to

Part II: The Wife‟s Rights Over Her Husband

best interest of the family, without putting on airs or