THE ROLES OF NIKAAH AND TALAQ IN THE BUILDING OF A MUSLIM COMMUNITY

Researched and Written by: AbuuHaashim M. A. Bolaji

SHA’BAAN, 1441AH

(APRIL, 2020)

INTRODUCTION

            The continuity witnessed in the world of man is not unconnected with the institution of Nikaah. With it, the Absolute Law-Giver (Allaah), the Wise permits, in a lawful manner, an opportunity for procreation. Of course, perfection of the Lord of the whole worlds removes Him far away from the needs that man has had to subject himself. Our Lord only commands with the saying: ‘Be and it is’ once He wishes a creation or an happening (Yaaseen, 36: 82).

            As a correlation to the imperfect nature of man in relations to the matrimonial union of Nikaah, Allaah further permits him with Talaq to serve as a means to put a stop or a conciliatory/correctional measure to every legally conjugated union that has proven to be irreconcilable (Oloyede et al, 2007). Be that as it may, the concepts of Nikaah and Talaq have not only been recognised in Islaam to cater for the imperfect nature of man but they have also been positive in the building of Muslim Communities.

            Consequently, this piece becomes a necessity. It attempts to illustrate the individual significance of the concepts of Nikaah and Talaq, and indicates the various instances in which they have been very beneficial in the building of a Muslim Community.  

GENERAL AND SPECIFIC NATURES OF NIKAAH AND TALAQ

            The institution of Nikaah gives recognition to the true nature of man, and Talaq equally commensurate this. Both of these concepts confer on man same level of responsibilities that could be religious, social and even financial. Nikaah is, however, specifically worthwhile as there are numerous positive signals that are enviable from it and that are on the long run supportive to the building of a Muslim community (Al-Jazaairi, 2003). Such benefits include:

i, continuity in procreation;

ii, safeguarding of lineage;

iii, guarding against indecency;

iv, lawful means of achieving sexual enjoyment and;

v, spiritual uplift.

            In the same vein, Talaq is also helpful at:

1-    Protecting against wrongdoing of either of the parties involved in Nikaah;

2-    Gauging the excesses of spouses as a correctional measure;

3-    Providing a ground for contemplation/rethinking;

4-    Ascertaining the nature of the womb of the woman involved in terms of pregnancy as Iddah (waiting period) is an integral part of the concept of Talaq and;

5-    Determining right to inheritance.

NIKAAH AND TALAQ IN THE BUILDING OF A MUSLIM COMMUNITY

            Population is significantly considered among the Muslims. Thus, procreation as a benefit from Nikaah would ultimately lead to population increase. This will help strike a terror in the hearts of the Muslims’ enemies. Though well-meaning population because only with such can population readily strengthen the Muslim’s world both in spiritual connectivity with their Lord and in mundane engagements to better their lots (Abdalati, 1973).

            Safeguarding lineage is an essence of the Islaamic Shari’ah. Striving to make this uncorrupted is highly referred in Islaam and it is, in fact, honourable even to man himself. Taking to the religious injunctions and precautions stipulated by Islaam in the concepts of Nikaah and Talaq are very handy in preserving our lineage as the standards of Islaam kept them on (As-Sudais, 2012).

            The opportunity to guard against indecency follows naturally from above. This is provided by the significance of Nikaah with which the decency of both our male and female folks is guaranteed. For which one of the arrangement is opted for: parental arrangement or individual gesture, the fulfillment of the four basic requirements is a must before the Nikaah is officially contracted (Badawee, 2013).

            Nikaah is a lawful means of achieving sexual enjoyment and as such it has provided safety against issues of rape, promiscuity, fornication, adultery, homicide, murder and suicide. The youth finds it appealing that they could actually benefit from being patient with the injunctions of Islaam on Nikaah and get gratified later.

            Spiritual uplift is a vital importance that is attached to Nikaah and Talaq. The Prophet (‘alayhis-salaam) reminded the Muslim community of the spiritual essence of marital union in a number of his narrations (‘alahyhis-salaam). Imports such as Nikaah being a completion of a half of the religion; protective and rewarding are noteworthy (An-Nawawi’s). This help disproves those thinking celebrity and monasticism to be a form of religiosity because the Messenger - sallAllaahu alayhi wa sallam – married more than one wife and Allaah – the Most High said: “Verily in the Messenger of Allaah you have a beautiful example” (Ahzaab, 33:21).

            With polygyny, Muslims’ offspring get multiplied thereby increasing those who worship Allaah alone. Evidence to this fact is the statement of Allaah:

“Then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.”(An-Nisa, 4:3).

            We may consider the following additionally: “As for the aspect of fairness and being just (between one's wives) then this is with regards to the justice one is capable of carrying out, such as housing and maintenance. As for being just in the issue of love and compassion (between one's wives), which is uncontrollable, then this has no bearing in the prevention of polygamy” (Al-Fawzaan’s al-Muntaqaa…).

GENERAL OBSERVATION

            Al-hamduliLlaahi for Islaam! The institution of Nikaah along with its extension of Talaq has saved the Muslim Communities from the evil and negative events that are becoming pervasive in the media these days. We may be right to say that communities lacking Islaamic guidelines on Nikaah and Talaq or those ignorant of them altogether were those applicable to the allegation raised above.

            The irreligious dispositions of such people towards Nikaah and Talaq often lead to:

a, Rape; b, Drug addiction; c, Incest; d, Depression; e, Broken home; f, Social unrest; g, Promiscuity; h, Decrease in population; i, Lost of spiritual blessings and; j, Suicide and Death.`

          Though Talaq is permissible, it is still strongly disapproved as the line between it and outcomes of irreligious dispositions is very slim. Yet there are instances that might warrant Talaq that result into no bodily injury, but may not be free from psychological effects. Thus Allaah advises:

“O you who believe! When you marry believing women, and divorce them, no ‘Iddah [divorce prescribed (waiting) period] have you to count in respect of them. So give them a present, and set them free (i.e divorce), in a handsome manner.“ (Al-Ahzaab, 33: 49). 

CONCLUSION

            Muslims and most especially the married ones or marriage-intended ones among them, should operate with the two concepts of Nikaah and Talaq considering them not only for this present world but rather as determinant of their stand in the hereafter (Fawzaan, 2005). Thus, Islaam establishes emphasis on honesty at the workings of these concepts as much as it does on warning against lapses that may come with such (Zarabozo, 1999). Uprightness is consequently the lots of a conscious Muslim because he tries to assess himself (here in the Dunya) before he would be assessed (there in the Aakhirah). So that whatever output his actions, inactions and reactions in relations to Nikaah and Talaq come up with, he would have to live with it as recompense in the afterlife!

BIBLIOGRAPHY

Abdalati, H. (1973). Islaam in Focus. Islaamic Teaching Center  - WAMY: Riyaadh.

al-Balaag magazine no.1015, 19 Rabi al-Awal 1410 A.H.

Al-Fawzaan, S. (2005). A summary of Islaamic Jurisprudence (Volume 2). Al-Maiman Publishing House, Riyadh.

Al-Fawzaan, Ibn Saalih. Al-Muntaqaa min Fataawa (Disliking Polygamy). Volume 3, page 230. Accessed through www.al-athariyyah.com

Al-Jazaairee, A. J. (2003).Minhaajul-Muslim. Daarul-Fikr, Beirut, Lebanon.

As-Sudais, A. R. (2012). Glorious Sermons from the Haram. Maktaba Dar-us-Salam, Riyadh: KSA.

Badawee, A. B. (2013). Al-Wajeez fi Fiqhis-Sunnati wal-Kitaabil-‘Adheez. Dura Ibn Rajab Publisher, Cairo: Egypt.

Khan, M. Z. (1985). Riyaadh al-Saaliheen of Imaam Nawawi. IYPN for Publishing and Distribution, Beirut: Lebanon.

Hornby, A.S. (2010). Oxford Advanced Learner’s Dictionary of Current English, Oxford University Press, Oxford: United Kingdom.

Muhammad T. A. & Muhammad M. K. (2009). The Translation of the Meanings of the Noble Qur’an in the English Language. Madeenah, Saudi Arabia: King Fahd Complex for the Printing of the Holy Quran.

Oloyede, I.O., Kaura, J.M., Muritala, K.K. & Abass, L.O. (2007).Exam Focus onIslaamic Studies forWASSCE/NECO. Ibadan, Nigeria: University Press Plc.

Zarabozo, J. M. (1999). Commentary on the Forty Hadith of al-Nawawi. Boulder: USA:Al-Basheer Company for Publications and Translations.