بسم الله الرحمن الرحيم

Tag: Marital

  • Comfort and Contentment  in Marital Relationship

    Comfort and Contentment in Marital Relationship

    Our marriages are what we make them—whether we make them a heaven or a hell depends on us. However, many people, especially those in troubled marriages, are prone to be pessimistic and prefer to blame everyone or everything except their own ill manners and misconduct. Some people are even more fatalistic by concluding that “a fulfilling marriage is simply a matter of luck.” However, is this really the case? Can we live in this world with such an attitude or philosophy? Is this not simply denying taking responsibility for our own actions? More importantly, is it not also disobeying the commandments of God and then putting blame on Him (God) for the outcome of our own actions and transgressions?

    In the Quran, Allah (SWT) reminds us, “And among His signs is this: He created for you spouses from among yourselves that you may find comfort and contentment in them, and He has put between you mawadah (love) and rahmah (mercy). Verily, in that are signs for those who reflect” (Al-Quran, 30:21). He also says, “O mankind, be conscious of your Lord, who created you from one soul and created (of like nature) from it its mate and dispersed from both of them multitudes of men and women. And remain conscious of God, in whose name you demand [your rights] from one another, and of the ties of kinship. Verily God is ever watchful over you” (Al-Quran, 4:1).

    While Islam does not ignore the material basis of ‘kufu’ (compatibility) between the couple as they tie their knot, nothing can protect or even promote the marital relationship if ‘mawadah’ and ‘rahmah’ (love, compassion, understanding, cooperation, leniency, and mercy) are missing in the relationship. It is also worth mentioning that a person (husband or wife) could be outwardly pious because of his/her performing religious rites and rituals, but if he or she is ignorant or negligent about the recipe and required rules of marriage, that relationship is destined to be in trouble.

    What makes the case worse is that, when faced with marital differences and disputes, some people not only break the sacred rules of marriage, but they fail to live up to minimum human decency and civility. More often than not, the disputing couple ends up in a relationship based on violence. However, they must remember that while differences and disputes in marriage are human, domestic violence displays a person’s devilish character only. This is not befitting for a believer.

    How can a couple ensure happiness in their marriage? Rida Beshir and Ekram Beshir, the renowned marriage counselors and best-selling authors of Blissful Marriage: A Practical Islamic Guide (Amana Publications, 2003) write, “There are tried and proven recipes for a successful marriage.” Very appropriately, they call them the “Seven Essential C’s” and the “Seven Magical S’s”. The Seven Essential C’s are commitment, courtesy, communication, care, contentment, contribution, and compromise, and the Seven Magical S’s are sensitivity, sincerity, security, support, satisfaction, sharing, and sexual gratification. According to the Beshirs, this list is not exhaustive, for there are “Five Wonderful A’s” which, if applied, can make a marriage more fulfilling. They are adaptation, accommodation, appreciation, anticipation, and acceptance.

    To conclude, marriage, a divinely planned institution, is highly valued in Islam. Those who undermine this noble and sacred institution actually defy God’s Commandments and devalue their own human dignity. Our peace and happiness in a marital relationship is contingent upon our mindfulness and molding our manners according to its rules and demands. Let us not forget that happiness is not a matter of ‘entitlement’ in marriage—to get it, we have to work for it.

  • Breaking the Silence: Marital Legal Issues

    Breaking the Silence: Marital Legal Issues

    Marriage is a sacred pact between man and woman, and yet is often turns sour. Couples may believe that there is nothing they can do to rectify the situation. Many South Asian women tend to silently endure the misery, thinking that this is their destiny and that they have no options. Many South Asian men, on the other hand, tend to experience a sense of guilt in believing that they have failed in their duty of being good husbands.
    Perpetuating the misery is a wall of silence, a failure to speak up and communicate in order to find solutions. Why are we plagued by this disease of silence? Is it still a cultural taboo to discuss marital problems? We are stuck in a false belief that our choices are limited when Islam gives us the choice of khula or divorce. It is true that out of all the permissible things, divorce is the least desirable thing allowed by our religion. Nonetheless, when reconciliation is not possible, it is allowed.

    A woman came to the Prophet (peace and blessings be upon him) and said,
    “ I have no complaint against my husband in respect to his natural disposition and judgment, but I am averse to infidelity” (I cannot love him as my husband). The Prophet (pbuh) said. “Willyou then give him back his garden?” She said “Yes”. Then the Prophet (pbuh) said to her husband, “Accept the garden and divorce her.” (Bukhari, Nasa’iy)

    Before the stage of divorce arises, there are many things that couples can do to rectify the situation. The first thing to do is to turn to the family or community for help. The concept of arbitration was introduced in the Holy Qur’an in 4:35, “If you fear a breach between the two, appoint arbiters, one from his family and the other from hers…”

    The Holy Qur’an alsoinstitutes the concept of “iddah” or a waiting period of three months, after a divorce. Allah says in SuraTalaq, verse 2:
    “Then when they are about to fulfill their term appointed, either take them back in a good manner or part with them in a good manner. And take for witness two just persons from among you (Muslims). And establish the witness for Allah. That will be an admonition given to him who believes in Allah and the Last Day. And whosoever fears Allah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).”

    Quite often, misunderstandings are clarified and conflicts resolved when such measures are taken. However, there are times when the problem is more complex. Unfortunately, in the South Asian community in the United States domestic violence has increased over the years.

    Between 1981 and 2002, newspapers in the U.S. reported a total of 90 domestic violence-related deaths and near-deaths in the South Asian community; 73 of the victims in those crimes were women and children, according to Manavi.  A New Jersey-based women’s rights organization,Manavi is committed to ending all forms of violence and exploitation against South Asian women living in the U.S.

    Established in 1985, Manavi (“woman” in Sanskrit) was the first organization of its kind in the U.S. Its provides services for women who are victims of violence.It also organizes grassroots support for social change within the South Asian community, and provides information to mainstream U.S. institutions and organizations to help them better serve South Asian women survivors.

    Some resources that are available to victims ofdomestic violence in the New York and New Jersey area are as follows:

    New Jersey
    The domestic violence hotline: 1-800-572- SAFE (7233)
    Legal Services of New Jersey: 1-888-LSNJ-LAW 1-888-576-5529
    Manavi: (732) 435-1414

    New York
    Islamic Center of Long Island, Domestic Harmony Project,Westbury, NY; 516-333-3495; 516-333-7321 (fax);  1icli@optonline.net; www.icliny.org
    SAATHI of Rochester, East Rochester, NY;  585-234-1050;  saathi_rochester@yahoo.com; saathiofrochester.org

    If you or someone you know is facing any marital problem or issue related to domestic violence, please contact the above resources, or call my office for immediate assistance:

    SABA LAW, LLC,
    55 Madison Avenue, Suite 443,
    Morristown, NJ 07960
    (973) 937-8693