We are now in a position to state briefly those principles which determine the nature of the institution of the family in Islam and also define Its place In the overall framework of Islamic society.
The family is a Divinely inspired and ordained institution. It was not evolved through human experimentation involving a process of trial and error spread over time. It was in institution that came into existence with the creation of man. The human race is a product of this institution and not the other way round. The Qur'an in says: -
"O Mankind, be conscious of your duty to your Lord, Who created you from a single soul, created of like nature, his mate, and from the two created and spread many men end women; and be mindful of your duty to Allah in whose name you appeal to one another and to (the ties of) the womb. Verily Allah watches over you."14
At another place tire creation of man and woman and the marriage relationship permeated with tranquility, love and mercy have been described as 'signs of God.'15 The institutions of marriage and the family have been commended as the 'way of the Prophets'.16 And Prophet Muhammad (peace be upon him) has said: "Marriage is a part of my Sunnah, Whoever runs away from my path is not from amongst us."17
Although marriage is a divinely ordained institution, each marriage as such is in the nature of a contract. The word Nikah used for marriage in the Quran and the Sunnah, means 'aqd, that is contract.18 In the Qur'an, marriage has been specifically referred to as Mithaqan ghaliza a strong covenant.19 The pro-Islamic practice of inheriting women was forbidden.20 The consent of both spouses is an explicit condition for a valid marriage in Islam.21
This means that marriage is a social contract, a noble and sacred contract, but a contract nonetheless. It leads to a number of relationships and engenders a set of mutual rights and obligations. Each contract, however, is not a sacrament; it is not irrevocable. Divorce is permitted in cases where marriage has failed. Remarriage is allowed, even encouraged. There is no stigma attached to remarriage or to marrying a divorced woman or a widower.
Faith constitutes the bedrock for the institution of the family. A Muslim is not permitted to marry a non-Muslim.22 Marriage should be among partners who share common outlook on life and morality, and who participate in this co-venture to fulfil their destiny as God's vicegerents. In fact, it has been emphasised that a guiding principle in matrimony should be that of "corrupt women for corrupt men, and corrupt men for corrupt women; good women for good men, and good men for good women",23 and that "the fornicator shall marry none but a woman who fornicates."24
Faith continues to play a decisive role in the entire system of family relationships. A father or a son is not to inherit or make a bequest to a non-Muslim son or father. Similarly, if one of the spouses changes his or her faith, the marriage contract is broken.25
Thus marriage is not simply a form' of sex-relationship, it is a basic religious and social institution.
Islam enjoins marriage.26 It forbids all forms of sex-relationships outside marriage (i.e. pre or extra-matrimonial relations). It prescribes that this relationship must not exist simply in the pursuit of momentary and ephemeral pleasure, 'just to have a good time', but should be had via marriage and should proceed in a responsible, well-planned and stable manner. It has to be institutionalised, in the form of marriage and a stable family life. This relationship is not a temporary relationship; it is permanent and enduring one and each partner is expected to make a serious and sustained effort to live together and play their role in society.
The institution of the family plays a very important part in Muslim society. It is a basic unit of that society and is organised in such a way that it operates as society in miniature. About one third of the Ahkam (legal injunctions of the Quran) relate to the family and its proper regulation. The network of rights and obligations that provides, the basis of family life aims at producing those attitudes and behaviour patterns that Islam wants to foster in the individual and in society. A new balance has been established in the roles and relationships that exist between men and women, between young and old, between near-relatives and distant kith and kin, between freedom and discipline, between individual discretion and social control.
The Muslim family is an extended family, different relations occupying different positions. It is not a nuclear, atomistic family consisting of the parents and children only; it normally has three or four generations under its umbrella. A careful look at the Islamic law of inheritance shows that all these relations are an integral part of the basic family structure and not just peripheral to it.27
Islam affirms the equality of man and woman as human beings. This however, does not entail non-differentiation of their respective roles and functions in society. Islam disapproves of the free mixing of the sexes and regards this as conflicting with the role it assigns to the family in society. The primary responsibility of woman is to concentrate on the home and the family, and all that is required to operate and develop these institutions She, too, has certain social responsibilities, rights and duties, but her primary concern is the family. This is a functional distribution of roles and activities and is regarded as essential for the proper functioning of different institutions of society and for its moral and social health and well being.28 The responsibility for earning a living rests with the husband while that of proper education, training and upbringing of the children and the optimal functioning of the home and wider family relationships rests with the wife.29