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Social issues and the need for intervention
Published in The Saudi Gazette on 13 - 08 - 2012


Othman Al-Khuwaiter
Al-Eqtisadiah newspaper
THERE are many thorny social issues that, although we remain silent on, require consideration by experts and other concerned people. There is no harm in discussing matters concerning the lives of members of society who should be aware of their rights and duties.
One such issue is the absolute power granted to fathers, who often act based solely on whims and personal interests, to decide the fate of their daughters.
We do not deny a father's right, as the head of the family, to be responsible for the proper upbringing of his sons and daughters and protecting them from straying onto the wrong path. It is a father's duty to help his sons choose righteous wives and find pious husbands for his daughters.
But there are times when society needs to intervene in the affairs of a family, especially when a girl's future is at stake.
A father who prevents his daughter from getting married for unacceptable reasons needs counseling and if he does not respond positively, then the guardianship of his daughter should be divested from him. Also, a father who toys with the fate of his underaged daughter by trying to marry her off to an elderly man for whatever reasons should not be allowed to do so. Who can accept an 11-year-old girl marrying a 60-year-old man? But this happened and continues to happen.
Do we have the right to treat our daughters like sheep without any mercy?
The other issue is polygamy. We are not against polygamy in principle - it is allowed in Islam but the way many people in our society practice polygamy shows that there is something wrong in the method of its application. Allowing an old man, for example, to wed girls as young as his grandchildren is abnormal behavior and sheer injustice.
The only mention in the Qur'an of polygamy is in verse 3 of Surah An-Nisaa (The Women). It says: “And if you fear that you will not deal justly with the orphan girls, then marry those that please you of (other) women, two or three or four. But if you fear that you will not be just, then (marry only) one or those your right hand possesses. That is more suitable that you may not incline (to injustice).”
I am not an expert in the exegeses of the Holy Qur'an nor in the Arabic language, but there are religious scholars who have interpreted this verse to indicate that it only allows marriage with the mothers of orphans. This interpretation is quite reasonable.
But the polygamy that exists today in most Muslim societies, which in the majority of cases, is intended to satisfy man's carnal pleasures, is questionable. There are special social situations that necessitate the practice of polygamy such as a rise in the number of unmarried women. But this can take place conforming to certain norms and conditions, the most important of which are the compatibility in age and the consent of the first wife.
I will talk about a third issue by narrating, in great detail, a scenario we can all relate to. A young man and woman were married according to the teachings of the Holy Qur'an and the Prophet's Sunnah. They pledged, under the marriage contract, to be loyal to each other and be partners for life. Naturally, they created a family composed of the husband, wife and children. The husband and wife lived a life that suited their social status in our conservative society, each carrying out the role required of them.
The wife's place is the home. She would run all the affairs of the home, including serving her husband and children. She is responsible for raising the kids and educating them. This is a sacred task that requires great effort, patience and many sleepless nights. Despite all this, she has not forgotten to serve her husband and make him happy by removing his work-related stress when he comes home exhausted. The husband finds peace in sitting and talking to his wife. He sees a smile on her face, and she treats him with respect. When he wants to leave for work, she bids him farewell with the same bright smile she received him with the previous day. This woman owns nothing in this world but her children and her husband's love and respect. This is all she wants.
The husband was ambitious, hard-working and of sound judgment. Shortly after they were married, he began looking for a source of sustenance, as he is now the sole breadwinner of his family. Allah granted him success due to his sincerity and good intentions and he was able to start a business. He lived in a house with an ideal wife who brought him peace of mind. His wealth continued to grow and the family lived a comfortable life. Naturally, he was not stingy with his wife and kids and he shared with them every occasion, made them happy and sacrificed for their sake as much as he could.
The years pass by and the children grow up and go their separate ways. That is the way of life. However, the atmosphere at home starts to change and quarrels erupt between the husband and wife. Things become unbearable and eventually they separate. It is here that the problem arises. The wife, who bore the children and suffered greatly to ensure their comfort and raise them properly, apart from serving her husband with all love and sincerity for many years, has no legal right to a share of her husband's wealth, which he accrued during their life together.
She too worked hard and exerted the same effort, if not more, that her husband did. If the couple were to exchange roles, the husband would find life unbearable under the conditions that his wife lived in.
Despite all this, the wife leaves the house empty-handed. She does not have the right to a share of her husband's wealth. It is almost as if she has worked for her husband her entire life in exchange for food and clothing. She is not even entitled to a share of the house she lived and raised her children in. Does our conscience and the Shariah accept such treatment against women?


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