In the Family
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The family is the first and essential area in which women’s rights have to be
secured. Marriage and parenthood are among the basic objectives of the Islamic
legal system (maqasid al-shari’a). Jurists consider marriage and formation of a
family closer to the essence of religion which is “worshipping God” (Ibada), than
to a human worldly dealing (muamala).
Nowadays, some individualists and permissive people view the family institution
as a restriction on individual freedom. The family institution binds both partners
with certain mutual obligations restricting the absolute freedom. The family saves
individuals from the loss which they suffer as a consequence of sexual or other
forms of absolute freedom. One does not only need a temporary and physical
partner in bed, but also a full and permanent partner in the whole life.
An attempt to avoid children, or to deal with them as a burden, represents a severe
restriction on natural instincts and motivation. The enjoyment of a full partnership
cannot be built only on physical pleasure or on temporary and changing
inclinations. The Quran considers marriage “a most solemn and serious pledge”
(4:21), and teaches that it should be based on justice and maintained through
“love and tenderness.” (30:21) This shows the importance of religious teaching and
education in this matter. These teachings go beyond what any state law can do
toward securing women’s rights.
