AL-MUSTAPHA INSTITUTE OF BRISBANE

Compiled by Br. Abdul-Halīm Khalīl (14-04-14)

Bismillahir-Rahmanir-Rahīm

The Beauty of the Marital Union –

Devotion’s garment clothing our hearts,

A gift of tranquility, from Al-Mu’izz to humanity

Through the apparatus of the Common Law – namely, the specialist field of Family Law –

one may attain an understanding of the theoretical components that (often operating inter-

dependently) constitute the complex framework of marriage law. Indeed, how a legitimate

marriage is first considered, validly formed, perhaps legally impaired, and/or ultimately

extinguished are all scrupulously illuminated throughout relevant sources of legislation and

judicial interpretation – in particular, the Commonwealth Family Law Act 1975 (Cth).

However, such laws (generally) prescribe that:

1. Marriage concerns ‘the union of a man and a woman to the exclusion of all others,

voluntarily entered into for life’,1 and

2. Marriage shall be invalid in the presence of bigamy,2 duress or fraud,3 incest,4 etc.,

and

3. Marriage may be terminated (or, in some circumstances annulled ab initio [viz., ‘from

the beginning’]), provided the onerous divorce requirements are complied with.5

Thus, to what legal instrument, or to whom (as a reliable contemporary role model), are we to

refer, so that we may cultivate a truly beautiful union, through which the fruits of love are

sewn and harvested, throughout continuity? Stated otherwise, as the Family Law primarily

offers a framework for retrospectively addressing problems (with, all-too-often, excruciating

technicality), how can one honestly hope to clothe their marriage in the heart-warming

1 Marriage Act 1961 (Cth), s 5. 2 Marriage Act 1961 (Cth), ss 23(1)(a) (cf. the Family Law Act 1975 (Cth), s 51, concerning ‘Nullity

of Marriage’). 3 Marriage Act 1961 (Cth), s 23(1)(d)(i). 4 Marriage Act 1961 (Cth), ss 23(1)(b) and 23(2). 5 I suggest that such legal avenues for seeking the termination of a marriage are ‘onerous’, as effecting

the end of any legal marriage (given its predisposition to be so intricately interwoven with emotional

adversity, when ‘divorce’ approaches) shall often involve complex Children matters (to which a large

proportion of the Family Law Act 1975 (Cth), Part VII, is dedicated), Property, and Spousal

Maintenance, issues (under the Family Law Act 1975 (Cth), Part VIII), Child Support matters (under

the treacherous Child Support (Assessment) Act 1989 (Cth) ), etc. (not to mention the many

difficulties associated with the contemporary legal institution of No Fault Divorce, in Australia [not to

completely discount some of its gender-based, vulnerable party merits, however]).

garment of devotion, when the facets of human relationships (indeed, love) are not so

explicitly codified (as is the law), but are often comprised of a myriad of sensitive subtleties?

Need we seek any example beyond that of our Esteemed Habib ( )? ‘Nay’, I say!

Indeed, it is reported on the authority of ‘Aa’ishah , who said:

‘During menstruation, I used to bite off meat from the bone; the Blessed Prophet ( )

would take the bone from me and place his mouth at the same spot to eat from it where I had

been biting; when I drank water, he ( ) would take the vessel from me and place his

lips at the same spot where I had put mine.’6

Furthermore – upon the matter of Destiny and Tranquility Allâh, As-Salam, Al-Mu’izz (‘The

Source of Peace’, ‘The Bestower of Honours’) has Ordained, and eased, between our hearts –

‘Aa’ishah narrated:

‘The Beautiful Prophet ( ) told me that I was shown to him in dreams by an angel for

three nights consecutively. Each time, the angel brought me (‘Aa’ishah ) to him ( )

wrapped up in a silk cloth and said, “this is your wife.” The Noble Prophet ( )

removed the cloth from my face and confirmed that it was I. He said that if it was from Allâh,

it was bound to happen.’7

Therefore, from our most affable, clement, and loving Prophet (Sall Allūhu 'Alayhi wa Alihi

wa Suhbihi wa sallam) we may ever derive the best of examples – for he was, and is, the

‘best of all creation.’

‘O my Lord! Send Thy Blessings and Peace upon your Beloved

the best of all creation’ 8

6 Reported in the text of Sunan Ibn-e-Majah (Vol. 1) 202-203. 7 Reported in the text of Mishkat-ul-Masabeeh (Vol. 3) 265. 8 Imam Al-Būṣīrī, Qaṣīdat al-Burda (‘The Poem of the Cloak’).

Indeed, upon this most noble subject matter (the sunnah of the Beautiful Prophet [ ],

concerning the cultivation, and maintenance, of meritorious marital affection),9 Allāh, Al-

Quddus, As-Salâm, Al-Mūmin, Reveals, through the Glorious Qur’ān (in Surat Ar-Rūm [The

Chapter of the Byzantines (viz., the Romans)]):

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And from His Signs is this: He Created for you mates, from amongst yourselves, that you may dwell in tranquillity with them,

and He has placed love and mercy between your (hearts). Verily! In that are Signs for

those who reflect.10 i

Wamin āyātihi an khalaqa lakum min anfusikum azwājan litaskunū ilayhā

wajaʿala baynakum mawaddatan

waraḥmatan inna fī dhālika laāyātin liqawmin yatafakkarūna

9 For example, the Blessed Prophet ( ) would affectionately kiss his wives, during the times

when he was fasting (refer to the text of Sahīh Muslim, Book 6, Hadīth Number 2,438). 10 Refer to the Glorious Quran, Surat Ar-Rūm (30:21).

i

‘Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments,

and ye are their garments. Allâh knoweth what ye used to do secretly among yourselves; but He

turned to you and Forgave you; so now associate with them, and seek what Allâh hath Ordained for

you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread;

then complete your fast until the night appears; but do not associate with your wives while ye are in

retreat in the mosques. Those are limits (set by) Allâh: approach not nigh thereto. Thus doth Allâh

make clear His Signs to men: that they may learn self-restraint.’

(Refer to the Glorious Quran, Surat Al-Baqarah (2:187), with deference to words eight (8) to thirteen

(13): hunna libāsun lakum wa-antum libāsun lahunna (‘They are your garments, and you are their

garments’). Meaning, according to Dr. Mohammad Muhsin Khan (Islâmic University, Al-Madīna Al-

Munawwara), ‘They [i.e. your spouses] are Libas [i.e. body cover, or screen, or Sakan, (i.e. you enjoy

the pleasure of living with [your spouse] – as in Verse 7:189) Tafsir At-Tabari], for you and you are

the same for them.’ NOTE: this transliteration of the Glorious Quran (Surah Al-'Aĥzāb) ascribes the

learned words of Dr. Muhsin Khan, Yusuf Ali, Muhammad Marmaduke Pickthall, and Sahīh

International.)