Fruitful Living
Jumma Khutbah: ‘Rights and Responsibilities in Marriage under Islamic and Ghanaian Law’
Sheikh Ibn Baz, reflecting on this sermon, explained that the Prophet’s words are not only a reminder but a command to respect, honour, and support one’s spouse as an act of worship. Such values ensure that marriages in Islam are grounded in mutual love, responsibility, and care.
The Right of the Bride to Consent in Marriage (Sahih Al-Bukhari)
Consent in marriage is a fundamental right granted by Islam, making it clear that a marriage is only valid if the bride consents freely. Sahih Al- Bukhari documents that the Prophet Muhammad (PBUH) stated.
“A previously married woman has more right to herself than her guardian; and a virgin should also be asked for her consent, and her silence indicate her consent” (Bukhari, 5136).
If a marriage is conducted without the bride’s consent, Islam allows for annulment, as narrated by the Prophet (PBUH): “If a woman is married without her consent, her marriage is invalid” (Bukhari, 5138). This protection ensures that the decision to marry is made willingly, preventing any coercion.
According to Sheikh Al-Uthaymeen, this hadith underscores Islam’s commitment to personal choice and the respect of individual rights, which are vital for a harmonious marriage.
Actions That Can Lead to the Annulment of Marriage
In Islamic jurisprudence, specific actions result in an automatic annulment, prioritising the sanctity of marriage. Grounds for annulment include:
• Apostasy: If either spouse leaves Islam, the marital bond is annulled, as shared faith is central to the Islamic marriage contract.
• Abuse or Neglect of Marital Obligations: Islam permits annulment when one spouse persistently fails to meet their responsibilities, financially or emotionally, thereby violating the marital contract.
• Harmful Practices: Any form of harm or abuse inflicted within marriage is unacceptable in Islam, and such cases provide grounds for annulment to protect the injured spouse.
These grounds reflect Islam’s emphasis on mutual respect and fair treatment, ensuring that the marriage remains a source of comfort and security.
Domestic Violence in Islam and Legal Frameworks
What is Domestic Violence?
Domestic violence is defined as any form of abusive behaviour, including physical, emotional, psychological, and economic harm, exerted to control or harm an intimate partner or family member. It disrupts the peace and security that marriage and family are intended to provide, threatening the well-being of all involved, especially the vulnerable.
Islam’s Stance on Domestic Violence
Islam strongly condemns all forms of oppression, including violence within the family. Marriage in Islam is founded upon rahmah (mercy) and mawaddah (love), as highlighted in the Qur’an:
“And among 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…” (Qur’an 30:21).
Violence contradicts these core principles of compassion and tranquility in marriage. The Qur’an specifically advises against causing harm, even when dealing with family matters. Allah (SWT) says:
“And live with them in kindness. For if you dislike them—perhaps you dislike a thing and Allah makes therein much good” (Qur’an 4:19).
This verse emphasises that Muslims should treat their spouses with respect and kindness, even in challenging times, and avoid harm.
The Prophet’s (PBUH) Teachings on Domestic Violence
The Prophet Muhammad (PBUH) strongly discouraged any form of violence towards family members. He said: “The best of you are those who are best to their wives, and I am the best among you to my family” (Sunan Ibn Majah, 1977). (To be continued).
By Imam Abdulai, the Author