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Muslim jurists agree unanimously that after the foetus is completely formed and has been given a soul,
aborting it is haram. It is also a crime, the commission of which is prohibited to the Muslim because it
constitutes an offense against a complete, live human being. Jurists insist that the payment of blood money
(diya) becomes incumbent if the baby was aborted alive and then died, while a fine of lesser amount is to be
paid if it was aborted dead.
However, there is one exceptional situation. If, say the jurists, after the baby is completely formed, it is
reliably esthat the continuation of the pregnancy would necessarily result in the death of the mother, then, in
accordance with the general principle of the Shari‘ah, that of choosing the lesser of two evils, abortion must
be
performed.
For the mother is the origin of the foetus; moreover, she is established in life, with duties and responsibilities,
and she is also a pillar of the family. It would not be possible to sacrifice her life for the life of a feotus which
has not yet acquired a personality and which has no responsibilities or obligations to fulfill. (Al-Fatawa by
Shaikh Shaltut p. 164.)
Imam al-Ghazzali makes a clear distinction between contraception and abortion, saying, Contraception is
not like abortion. Abortion is a crime against an existing being. Now, existence has stages. The first stages
of existence are the settling of the semen in the womb and its mixing with the secretions of the woman. (It
was then believed that the mingling of the semen with the secretions of the woman in the uterus caused
pregnancy. (Trans.)) It is then ready to receive life. Disturbing it is a crime. When it develops further and
becomes a lump, aborting it is a greater crime. When it acquires a soul and its creation is completed, the
crime becomes more grievous. The crime reaches a maximum seriousness when it is committed after it (the
foetus) is separated (from the mother) alive. (AI-Ihya, book of “Al-Nikah” (Marriage), p. 74.)
Divorce
Marriage, as stated previously, is a strong bond by means of which Allâh joins a man and a woman. While
they are “single” as individual human beings, after marriage they are termed a “couple.” Marriage makes
of them a pair, and thus the sorrow and joy of the one are equally the sorrow and joy of the other. The
Qur‘ân describes this bond in beautiful and vivid language:...They (wives) are your garments and you are
their garments.... (2:187) meaning that each is the protection, the covering, the support, and the adornment
of the other. (AI-Tirmidhî transmitted that Abû Hurairah reported Allâh’s Messenger (s.a.w.s.) as saying,
“The Believers who show the most perfect faith are those who have the best disposition, and the best of you
are those who are best to their wives.” In a hadith narrated by ‘Aishah, the last words are “and are kindest
to their families,” as transmitted by al-Tirmidhî. (Trans.))
Each of the two spouses has rights in regard to the other which must be recognized and which are not to be
diminished. These mutual rights are equivalent except in relation to what is particular to men by virtue of
their natural position, as Allâh says:...And they (women) have (rights) similar to those (of men) over them in
an honorable fashion, but men have a degree over them. (2:228) This “degree” (darajah) is related to men’s
role as the maintainers and leaders of the family.
A man asked the Prophet (s.a.w.s.), “O Messenger of Allâh, what rights may a wife demand of her
husband?” He replied, That you should feed her (with the same standard) as you feed yourself, clothe her
as you clothe yourself, that you should never hit her face or put her down, or cut yourself off from her unless
it occurs in the house. (Reported by Abû Daoud and by Ibn Hibban in his Sahih.) Accordingly, it is not
permissible for the Muslim husband to neglect to provide his wife with food and clothing. A hadith states,
“Wasting the sustenance of his dependents is sufficient sin for a man.” (Reported by Abû Daoud, al-Nisai,
and al-Hakim.) Striking her on the face is also prohibited, since it is an insult to her human dignity as well as
being a danger to the most beautiful part of her body. And if the Muslim is pushed to discipline his wife in the
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event of open rebellion, when all other methods have failed, he is not allowed to beat her in a manner which
causes pain or injury, and he is most certainly not permitted to touch her face or other easily injured parts of
her body. Similarly, the Muslim is not permitted to revile, curse, or say insulting words to his wife.
Concerning the rights of the husband, the Prophet (s.a.w.s.) said, It is not lawful for a woman who believes
in Allâh to allow anyone in her husband’s house while he dislikes it. She should not go out of the house if he
dislikes it and should not obey anyone who contradicts his orders. She should not refuse to share his bed.
(Meaning that she should not deny him sexual access when he desires it. (Trans)) She should not beat him
(in case she is stronger than he). If he is more in the wrong than she, she should plead with him until he is
reconciled. If he accepts her pleading, well and good, and her plea will be accepted by Allâh; while if he is
not reconciled with her, her plea will have reached Allâh in any case. (Reported by al-Hakim.)
Mutual Tolerance between Husband and Wife
A husband must be patient with his wife if he sees something in her which he disapproves and dislikes. He
should recognize that he 1S dealing with a human being with natural imperfections, and he should balance
her good qualities with her failings. The Prophet (s.a.w.s.) said, Let a believing man not dislike a believing
woman. If something in her is displeasing to him, another trait may be pleasing. And Allâh Ta‘ala
says,...And consort with them in kindness, for if you dislike them, it may be that you dislike something in
which Allâh has placed much good. (4:19)
While on the one hand Islâm requires the men to be tolerant and patient with what he dislikes in his wife, on
the other it command the wife to try to please her husband as far as her ability and charm l allow, and warns
her not to let a night pass during which her husband remains angry with her. A hadith states: There are three
(persons) whose salat does not rise even a single span above their heads: a man leading a congregational
salat while the people hate him, a woman passing the night while her husband is angry with her, and two
quarreling brothers. (Reported by Ibn Mâjah and by Ibn Hibban in his Sahih.)
Rebelliousness and Strife
Because of his natural ability and his responsibility for providing for his family, the man is the head of the
house and of the family. He is entitled to the obedience and cooperation of his wife, and accordingly it is not
permissible for her to rebel against his authority, causing disruption. Without a captain the ship of the
household will flounder and sink. If the husband senses that feelings of disobedience and rebelliousness are
rising against him in his wife, he should try his best to rectify her attitude by kind words, gentle persuasion,
and reasoning with her. If this is not helpful, he should sleep apart from her, trying to awaken her agreeable
feminine nature so that serenity may be restored and she may respond to him in a harmonious fashion. If
this approach fails, it is permissible for him to beat her lightly with his hands, avoiding her face and other
sensitive areas. In no case should he resort to using a stick or any other instrument which might cause pain
and injury. Rather this “beating” should be of the kind which the Prophet (s.a.w.s.) once, when angry with
his servant, mentioned to him, saying, If it were not for the fear of retaliation on the Day of Resurrection, I
would have beaten you with this miswak (tooth-cleaning stick). (Reported by Ibn Sa‘d in his Tabaqat.)
The Prophet (s.a.w.s.) admonished men concerning beating their wives, saying, “None of you must beat his
wife as a slave is beaten, and then have intercourse with her at the end of the day.” (Reported by Ahmad;
al-Bukhâri has something similar to it.)
It was reported to the Prophet (s.a.w.s.) that some of his Companions beat their wives, whereupon he said,
“Certainly those are not the best among you.” (Reported by Ahmad, Abû Daoud and al-Nisai. Ibn Hibban
and al-Hakim classify it as sound, as narrated by Iyas ibn ‘Abdullah ibn Abû Dhiab.)
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