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    Marraige and Adultery

    Eradication of adultery http://www.syberwurx.com/nation/dail...ditor/opi4.htm
    Prof Rafi Ullah Shehab
    Adultery is treated as a serious crime in every society and stringent laws are enforced to eradicate it. Islam adopted a different methodology for this purpose. In addition to prescribing a Hadd punishment of 100 lashes for the parties involved in this crime, it has adopted such measures which nip this evil in the bud.
    It is a fact that this crime, in majority of the cases, is committed by bad characters persons from rich families. They take advantage of the financial helplessness of the women of the poor families. It is on this account that this evil is treated as the corollary of the capitalist system of economy. Feudals who are also a part of this system, enjoy it as their past-time.
    Islamic teachings in order to save such unfortunate women from this precarious condition, enforced such measures which solved their financial problem once for all. It placed restrictions on the use of money by the rich on such customs and luxuries which the poor could not afford. Their details are being presented in the following lines.
    1. Islam has made it the sole responsibility of the believers to meet all the expenses of their families. Daughters before their marriages are the responsibility of the parents but they are exempted to spend anything on their marriages. It is the sole responsibility of the would-be husband to bear all the expenses of his marriage and he is expected to hand over the money for this purpose in advance. In Islamic terminology it is known as Haq-i-Mehr.
    2. Dowry: There is no word for this custom in the Arabic language, we have adopted this custom from the Hindus. When the parents have been exempted to spend even a penny on the marriages of their daughters, the question of fabulous dowries does not arise. The Holy Prophet (PBUH) explained this Quranic injunction through the practical example of the marriage of Hazrat Fatima (RA) with Hazrat Ali (RA). Hazrat Ali (RA) was brought up by the Holy Prophet (PBUH) and he was in a position to meet the expenses of his marriage. But he had to explain an important Islamic injunction. He asked Hazrat Ali (RA) to arrange for the expenses of the marriage. He was obliged to sell his armour for 480 dirhams and handed over this money as Haq-i-Mehr of Hazrat Fatima (RA). All the expenses of her marriage were met from this money of Haq-i-Mehr. This Islamic law greatly helped in the marriages of the girls of the poor families.
    3. Divorced women due to their financial helplessness often fell a prey to evil of adultery. Islamic law took care of them and saved them from financial constraints. In the first instance, the ownership of the house in which she was living before divorce is automatically transferred to her and the husband has to leave that house. This Quranic injunction is contained in the very first verse of Surah-al-Talaq and is on the statute book of many Islamic countries including Egypt. As a result of this law, very few cases of divorces are reported in those countries.
    In addition to the transfer of the ownership of the house she is entitled to a reasonable maintenance allowance. Some jurists are of the opinion that such women should also be provided with a servant to serve them.
    4. Widows are also the unfortunate creatures who had to face many difficulties after the death of their husbands. In the first instance, they become the owners of the houses in which they were living. To accommodate them, Islam allowed polygamy. It has expressly mentioned in Surah Al-Nisa that second marriage is allowed with widows only and not with the virgin girls as is the custom in our society. Second marriage, with young girls, falls under the category of adultery.
    Unfortunately these beneficial Islamic injunctions are being ignored in our society, resulting into the financial difficulties of the unfortunate women.
    1. Haq-i-Mehr (dower money) which was prescribed to meet all the expenses of marriages of girls, has now become a mere formality. It is never paid before marriage as ordained in the Quranic injunction. Instead the parents of the girls are compelled to arrange for all expenses. In addition to arranging sumptuous dinner for the marriage party which usually consists of hundreds of persons, the parents of the girls are expected to provide grand dowries for them. It may be mentioned here that in the early period of Islam only a few near relatives were allowed to participate in the marriage party. According to one report their number did not exceed fourteen persons. President Jamal Abdul Nasir of Egypt at the time of the marriage of his daughter followed the teachings of Islam strictly. Only fourteen persons from the side of the bridegroom were allowed to participate in this function.
    Transgression of this Islamic law has proved a great hindrance in the marriages of millions of girls of the poor families. There is every possibility that some of them may be induced by the rich bad characters to commit adultery. In this case all those who are transgressing the Islamic law about marriage, will be held equally responsible for their crime.
    2. Islamic law about the automatic transfer of the house to a divorced women in which she was living before divorce, is on the statute book of many Islamic countries including Egypt but it has not been adopted in our country so far.
    3. Islam allowed polygamy to solve the problems of widows. It has been expressly mentioned in Surah Al-Nisa that second marriage is allowed with widows only and not with the virgin girls. If anybody infringes this law, he commits adultery.
    If Women Commission of Pakistan wants to eradicate the evil of adultery, in addition to reforming the Zina Ordinance, it will have to ensure enforcement of above mentioned Islamic injunctions.
    E-mail queries and comments to: [email protected]
    How can a man die better than facing fearful odds for the ashes of his fathers and the Temple of his Gods?
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