Translator: Hadi Moein
Source: RASEKHUN
Source: RASEKHUN
Extracted from: Rasekhoon.net
The rights of nonfinancial of couples in a family
وَمِنْ آیَاتِهِ أَنْ خَلَقَ لَکُم مِّنْ أَنفُسِکُمْ أَزْوَاجًا لِّتَسْکُنُوا إِلَیْهَا وَجَعَلَ بَیْنَکُم مَّوَدَّةً وَرَحْمَةً ۚ إِنَّ فِی ذَٰلِکَ لَآیَاتٍ لِّقَوْمٍ یَتَفَکَّرُونَ
And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.
Quran states about relationship between husband and wife
وَقَالَ نِسْوَةٌ فِی الْمَدِینَةِ امْرَأَتُ الْعَزِیزِ تُرَاوِدُ فَتَاهَا عَن نَّفْسِهِ ۖ قَدْ شَغَفَهَا حُبًّا ۖ إِنَّا لَنَرَاهَا فِی ضَلَالٍ مُّبِینٍ
Ladies said in the City: "The wife of the (great) ´Aziz is seeking to seduce her slave from his (true) self: Truly hath he inspired her with violent love: we see she is evidently going astray.
Quran states that husband and wife must have companionship together
یَا أَیُّهَا الَّذِینَ آمَنُوا لَا یَحِلُّ لَکُمْ أَن تَرِثُوا النِّسَاءَ کَرْهًا ۖ وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَیْتُمُوهُنَّ إِلَّا أَن یَأْتِینَ بِفَاحِشَةٍ مُّبَیِّنَةٍ ۚ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ ۚ فَإِن کَرِهْتُمُوهُنَّ فَعَسَىٰ أَن تَکْرَهُوا شَیْئًا وَیَجْعَلَ اللَّهُ فِیهِ خَیْرًا کَثِیرًا
O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.
Lack of good companionship in one of couples can lead to the violation of their rights. There are legal rules for lack of companionship by one of couples.
Having good behavior with spouse, respect spouse, respecting the faults of each other, cooperation in family affairs, loyalty to spouse, avoiding expressing the weak points of each other and sexual relationships are considered the examples of good relationships.
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِکُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَیْ عَدْلٍ مِّنکُمْ وَأَقِیمُوا الشَّهَادَةَ لِلَّهِ ۚ ذَٰلِکُمْ یُوعَظُ بِهِ مَن کَانَ یُؤْمِنُ بِاللَّهِ وَالْیَوْمِ الْآخِرِ ۚ وَمَن یَتَّقِ اللَّهَ یَجْعَل لَّهُ مَخْرَجًا
Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out.
الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسَانٍ ۗ وَلَا یَحِلُّ لَکُمْ أَن تَأْخُذُوا مِمَّا آتَیْتُمُوهُنَّ شَیْئًا إِلَّا أَن یَخَافَا أَلَّا یُقِیمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا یُقِیمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَیْهِمَا فِیمَا افْتَدَتْ بِهِ ۗ تِلْکَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن یَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِکَ هُمُ الظَّالِمُونَ
A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others.
وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِکُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ ۚ وَلَا تُمْسِکُوهُنَّ ضِرَارًا لِّتَعْتَدُوا ۚ وَمَن یَفْعَلْ ذَٰلِکَ فَقَدْ ظَلَمَ نَفْسَهُ ۚ وَلَا تَتَّخِذُوا آیَاتِ اللَّهِ هُزُوًا ۚ وَاذْکُرُوا نِعْمَتَ اللَّهِ عَلَیْکُمْ وَمَا أَنزَلَ عَلَیْکُم مِّنَ الْکِتَابِ وَالْحِکْمَةِ یَعِظُکُم بِهِ ۚ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ بِکُلِّ شَیْءٍ عَلِیمٌ
When ye divorce women, and they fulfil the term of their (´Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if any one does that; He wrongs his own soul. Do not treat Allah´s Signs as a jest, but solemnly rehearse Allah´s favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah, and know that Allah is well acquainted with all things.
یَا أَیُّهَا الَّذِینَ آمَنُوا لَا یَحِلُّ لَکُمْ أَن تَرِثُوا النِّسَاءَ کَرْهًا ۖ وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَیْتُمُوهُنَّ إِلَّا أَن یَأْتِینَ بِفَاحِشَةٍ مُّبَیِّنَةٍ ۚ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ ۚ فَإِن کَرِهْتُمُوهُنَّ فَعَسَىٰ أَن تَکْرَهُوا شَیْئًا وَیَجْعَلَ اللَّهُ فِیهِ خَیْرًا کَثِیرًا
O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ ۚ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَیْبِ بِمَا حَفِظَ اللَّهُ ۚ وَاللَّاتِی تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِی الْمَضَاجِعِ وَاضْرِبُوهُنَّ ۖ فَإِنْ أَطَعْنَکُمْ فَلَا تَبْغُوا عَلَیْهِنَّ سَبِیلًا ۗ إِنَّ اللَّهَ کَانَ عَلِیًّا کَبِیرًا
Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband´s) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).
Men are considered as the guardian of a family and must meet the expanses of a family. Moreover, they must make a decision about important matters in the life. Men must follow the favors of their wives and children in such decisions and must avoid tyranny in such decisions. In other words, the purpose of the presidency of a man is to preserve the health and consolidation of a family and must not prevent his wife from communicating her relatives and must not take his wife's property by force.
One of the goals of marriage is to satisfy sexual needs in a legitimate way. A husband and wife have fundamental rights and responsibilities in this regard, and each must meet it with the sexual needs of the spouse if there is not a racial or religious obstacle. This is in accordance with the covenant that each of them has accepted with the conclusion of the marriage contract. Of course, in this regard, due to the physical and psychological differences between women and men, women have a heavier duty, and specific obedience to women is obligatory.
The rights of nonfinancial of couples in a family
Common rights and responsibilities
In the Islamic trains, as Muslims have rights, duties and responsibilities toward each other, husband and wife have rights, duties and responsibilities toward each other. Therefore, both of them must fulfill them.Good companionship
Husband and wife must live together based moral principles. Quran statesوَمِنْ آیَاتِهِ أَنْ خَلَقَ لَکُم مِّنْ أَنفُسِکُمْ أَزْوَاجًا لِّتَسْکُنُوا إِلَیْهَا وَجَعَلَ بَیْنَکُم مَّوَدَّةً وَرَحْمَةً ۚ إِنَّ فِی ذَٰلِکَ لَآیَاتٍ لِّقَوْمٍ یَتَفَکَّرُونَ
And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.
Quran states about relationship between husband and wife
وَقَالَ نِسْوَةٌ فِی الْمَدِینَةِ امْرَأَتُ الْعَزِیزِ تُرَاوِدُ فَتَاهَا عَن نَّفْسِهِ ۖ قَدْ شَغَفَهَا حُبًّا ۖ إِنَّا لَنَرَاهَا فِی ضَلَالٍ مُّبِینٍ
Ladies said in the City: "The wife of the (great) ´Aziz is seeking to seduce her slave from his (true) self: Truly hath he inspired her with violent love: we see she is evidently going astray.
Quran states that husband and wife must have companionship together
یَا أَیُّهَا الَّذِینَ آمَنُوا لَا یَحِلُّ لَکُمْ أَن تَرِثُوا النِّسَاءَ کَرْهًا ۖ وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَیْتُمُوهُنَّ إِلَّا أَن یَأْتِینَ بِفَاحِشَةٍ مُّبَیِّنَةٍ ۚ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ ۚ فَإِن کَرِهْتُمُوهُنَّ فَعَسَىٰ أَن تَکْرَهُوا شَیْئًا وَیَجْعَلَ اللَّهُ فِیهِ خَیْرًا کَثِیرًا
O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.
Lack of good companionship in one of couples can lead to the violation of their rights. There are legal rules for lack of companionship by one of couples.
Having good behavior with spouse, respect spouse, respecting the faults of each other, cooperation in family affairs, loyalty to spouse, avoiding expressing the weak points of each other and sexual relationships are considered the examples of good relationships.
Good behavior
Husband and wife should have good behavior and kindness toward each other so that they can establish the foundation of family and should avoid hate, spitefulness and grief. Comfort gained from marriage is through spouse with kind and good behavior. Quran emphasizes on the good behavior of men with their wivesفَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِکُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَیْ عَدْلٍ مِّنکُمْ وَأَقِیمُوا الشَّهَادَةَ لِلَّهِ ۚ ذَٰلِکُمْ یُوعَظُ بِهِ مَن کَانَ یُؤْمِنُ بِاللَّهِ وَالْیَوْمِ الْآخِرِ ۚ وَمَن یَتَّقِ اللَّهَ یَجْعَل لَّهُ مَخْرَجًا
Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out.
الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسَانٍ ۗ وَلَا یَحِلُّ لَکُمْ أَن تَأْخُذُوا مِمَّا آتَیْتُمُوهُنَّ شَیْئًا إِلَّا أَن یَخَافَا أَلَّا یُقِیمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا یُقِیمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَیْهِمَا فِیمَا افْتَدَتْ بِهِ ۗ تِلْکَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن یَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِکَ هُمُ الظَّالِمُونَ
A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others.
وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِکُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ ۚ وَلَا تُمْسِکُوهُنَّ ضِرَارًا لِّتَعْتَدُوا ۚ وَمَن یَفْعَلْ ذَٰلِکَ فَقَدْ ظَلَمَ نَفْسَهُ ۚ وَلَا تَتَّخِذُوا آیَاتِ اللَّهِ هُزُوًا ۚ وَاذْکُرُوا نِعْمَتَ اللَّهِ عَلَیْکُمْ وَمَا أَنزَلَ عَلَیْکُم مِّنَ الْکِتَابِ وَالْحِکْمَةِ یَعِظُکُم بِهِ ۚ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ بِکُلِّ شَیْءٍ عَلِیمٌ
When ye divorce women, and they fulfil the term of their (´Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if any one does that; He wrongs his own soul. Do not treat Allah´s Signs as a jest, but solemnly rehearse Allah´s favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah, and know that Allah is well acquainted with all things.
یَا أَیُّهَا الَّذِینَ آمَنُوا لَا یَحِلُّ لَکُمْ أَن تَرِثُوا النِّسَاءَ کَرْهًا ۖ وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَیْتُمُوهُنَّ إِلَّا أَن یَأْتِینَ بِفَاحِشَةٍ مُّبَیِّنَةٍ ۚ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ ۚ فَإِن کَرِهْتُمُوهُنَّ فَعَسَىٰ أَن تَکْرَهُوا شَیْئًا وَیَجْعَلَ اللَّهُ فِیهِ خَیْرًا کَثِیرًا
O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.
Meeting the sexual need of husband
Having common sexual intercourse is considered as a part of good behavior. Lack of attention to the sexual needs of each other is not considered as a good behavior. If such a need is not met in marital life, it can lead to cold relationships between them. Hence, couples should have special attention to such a need and try to solve their problems in this regard with the help of psychologist.Forgiving the fault of each other
Sometimes, one of couples makes a mistake in marital life. Forgiving the fault of each other is one of the necessities of marital life. All of persons make mistakes in the life and we should forgive each other so that we can continue our life. Such a thing is more important in families that have children because it is the right of children to have father and mother together. As a matter of fact, they should forgive each other in the favor of their children.Common residence
Husband and wife should live in a place together. Therefore, a man is obliged to provide a house for his wife to live in and a woman is obliged to live with her husband. They must live together according to law and their commitment to each other. It is recommended that husband and wife sleep together in a bed so that affection can be more among them and have mental comfort.Loyalty
One of the obligations of couples toward each other is to be loyal to each other. It means that they must not have illegitimate relationship with another person. What provides loyalty between husband and wife is chastity that is recommended in religious trains. Moreover, the bias of men is effective in the Chasity preservation of a family. Men must recommend their wives to hijab and behaving other men demurely.Cooperation in family affairs
One of the duties of couples is to have cooperation in family affairs which is emphasized in law. It is the duty of a woman to provide conditions that his wife can work out and the duty of a man is to organize affairs at home.Training children
One of the common responsibilities of a woman and a man is to take care of their children and to meet their needs mentally and financially. They should also train their children according to moral principles. According to law, father and mother must take care of their children physically and mentally as long as they are alive. One of the purposes of marriage is to meet their sexual needs in a legitimate way. They must meet such a need, but they do not have to meet such a need if there are some religious and intellectual barriers such as addiction, mental disease, hitting and…Family management
A society needs a manager although there is cooperation among people because disagreements may arise, there must be a person that makes a final decision; otherwise, anarchy may arise. In the religion of Islam, the organization of the life is left to men and they must meet the financial needs of a family as Quran statesالرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ ۚ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَیْبِ بِمَا حَفِظَ اللَّهُ ۚ وَاللَّاتِی تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِی الْمَضَاجِعِ وَاضْرِبُوهُنَّ ۖ فَإِنْ أَطَعْنَکُمْ فَلَا تَبْغُوا عَلَیْهِنَّ سَبِیلًا ۗ إِنَّ اللَّهَ کَانَ عَلِیًّا کَبِیرًا
Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband´s) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).
Men are considered as the guardian of a family and must meet the expanses of a family. Moreover, they must make a decision about important matters in the life. Men must follow the favors of their wives and children in such decisions and must avoid tyranny in such decisions. In other words, the purpose of the presidency of a man is to preserve the health and consolidation of a family and must not prevent his wife from communicating her relatives and must not take his wife's property by force.
One of the goals of marriage is to satisfy sexual needs in a legitimate way. A husband and wife have fundamental rights and responsibilities in this regard, and each must meet it with the sexual needs of the spouse if there is not a racial or religious obstacle. This is in accordance with the covenant that each of them has accepted with the conclusion of the marriage contract. Of course, in this regard, due to the physical and psychological differences between women and men, women have a heavier duty, and specific obedience to women is obligatory.
The guardianship of children
A family consists of a couple and children. The children are under the care of their father until the time of puberty and intellectual growth is reached. As long as they are small, they cannot own their assets and are unable to decide on important life issues. During this period, father is responsible for the payment of children's expenses and is responsible for taking care of the basic affairs of their lives./J