Marriage in Islam: Life Partnership or Discriminatory Family Set Up? An Analysis of Some Protective Legal and Moral Shariah Provisions for Women with Special Reference to Surah An-Nisa

Abstract

The institution of family occupies a highly important position in Islam. Besides regulating human marital relations it plays a key role in the development and progression of a well-entrenched social order. It considers this relationship a sacrament social contract between two independent and pubescent persons and introduces checks and balances to protect and secure the rights of all stakeholders in this matter - husband, wife, children and the society large. Unlike certain other religions, Islam however does not regard marriage above dissolution and gives this right to both the spouses. According men and women equal social, legal and moral status as human beings, Islam differentiates between their status, roles and responsibilities in the family system, based on equity and justice. However, the true spirit of role differentiation is misunderstood by non Muslims as well as by less informed Muslims as establishing the patriarchal system endorsing gender equality and discrimination against women.

Keywords: Marriage, Islam, family, dower, gender equality, sura An Nisa, Qawwam, head of family, Nushuz, Marital disharmony, Obedience of Wife, Domestic Violance, wife beating