2.3 The Institution of the Family

According to Islam the correct relationship between man and woman is marriage, a relationship in which social responsibilities are fully accepted and which results in the emergence of a family. This family which is the foremost and fundamental institution of human society constitutes the first unit of the society.

There are many definitions and descriptions of the family. For our purpose, we shall adopt the following simplified definition. The family is a human social group a special kind of structure whose members are related to one another and bound together through blood ties and/or marital relationships, whose relatedness is of such a nature as to entail "mutual expectations that are prescribed by religion, reinforced by law, and internalized by the individual."

The family bond entails mutual expectations of rights and obligations that follow from membership in such structure. Accordingly, the family members share certain mutual commitments. These pertain to identity and provision, inheritance and counsel, affection for the young and security for the aged, and maximization of effort to ensure the family continuity in peace.

As can be clearly seen from this, the foundations of the family in Islam are blood ties and / or marital commitments. Adoption, mutual alliance, clientage, private consent to sexual intimacy, and "common law" or "trial" marriages do not institute a family in Islamic sense. Islam builds the family on solid grounds that are capable of providing reasonable continuity, true security, and mature intimacy. The foundation of the family has to be firm and natural as to nurture sincere reciprocity and moral gratification.

1.3 The Institution of the Family

Islam recognizes that there is no more natural relationship than that of blood, and no more wholesome pattern of sexual intimacy than one in which morality and gratification are joined.

Islam calls on every young man to take upon himself the social responsibilities of married life just as his parents did in their time. It also strongly disapproves of those rites, ceremonies or restrictions which tend to make marriage a difficult affair. Islam tries to make marriage the easiest and fornication the most difficult thing in society, and not vice versa as it is in most societies today.

The husband has no right to mistreat his wife or abuse her. In case of serious dispute between the wife and the husband, Islam laid down very scientific steps to be followed. The underlying objective is harmony, peace and reconciliation for the integration of the family. In an Islamic state, civil courts also handle legal matters pertaining to marital problems. However, members of the community, particularly the parents and relatives are duty-bound to help pacify the couple, before the friction becomes too serious to handle Allah says, "If you fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: for Allah has full knowledge, and is acquainted with all things" (4: 35)

Although Islam places great emphasis on the marital bond, it only wants it to remain intact as long as it is founded on the sweetness of love or there exists at least the possibility of lasting companionship.

1.3 The Institution of the Family

If neither of these two conditions obtain, it gives man the right of divorce and woman the right of separation; and under certain conditions, where married life has become a source of misery, the Islamic courts of justice have the authority to annul the marriage. It is to be noted that a divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness.