The Family [Electronic resources]

Muhammad Shirazi, Translated by: Ali Adam

نسخه متنی -صفحه : 10/ 3
نمايش فراداده

by the amputation of the ears.

The Assyrians also called for a high birth rate in moral laws in which they considered abortion a serious crime punishable by execution. They considered a beating, which led to abortion as a crime punishable by fifty lashes, forced labour and in some cases execution.

The Babylonians specified more than sixty rules regarding the preservation of the family and stressed the seriousness of adultery and the implementation of punishment by drowning for the perpetrator.14

2. Ancient Egyptian Civilisation

Ancient Egyptian texts afforded marriage a high importance. Adultery was forbidden and its perpetrator was threatened with the most violent punishments, according to historians. The unfaithful husband would be subjected to flogging and the unfaithful wife would be subjected to the amputation of the nose. Adultery was one of the pretexts for divorce among them without distinction between the man and the woman.

In the civilisation of Osiris, dead persons used to bear with them to their graves a document testifying to their probity and fidelity in order to obtain mercy in the afterlife.

3. European Civilisations

In Sparta, celibacy was a crime in which the bachelor forfeited the right to vote and to watch public spectacles and so on.

In Rome, celibacy was forbidden and considered a state in contravention of their religion punishable by beating or flogging with regard to the age of the individual 15, and by increasing taxes and forbidding them from inheritance unless they married within 100 days of the death of the legator.16

They regarded adultery as a grave offence punishable by death or by banishment from the country for life.

The punishment for one who caused the abortion of a pregnant woman was banishment or the confiscation of his property.

They laid down the so called Julian17 law specifically for marriage aimed at making marriage common and calling for a high birth rate and a reduction in taxes in relation to the number of offspring up to the number of three children, when taxes would be lifted completely just as bonds would be lifted from any woman who had given birth to three children.

Constantine made adultery punishable by death, and any such dishonour during the age of Augustinian was punishable by execution or confiscation of possessions.

4. The Civilisation of the American Continent

In the Aztec civilisation, in Central America adultery was a sin whose punishment was death by strangulation and then stoning without distinction between man and woman.

In the civilisation of the Incas in the Andes, marriage was compulsory and celibacy was forbidden and there used to be an observer from the Incas who would roam the villages and the countryside to make sure that celibates would marry.

5. The Civilisation of Ancient Japan

In Ancient Japan, women were known for marital fidelity or faced death. If a husband came upon his wife in flagrante delicto, it was his right to kill her and her lover on the spot. Certain of their leaders have added that if a husband has killed his wife in these circumstances and let the other man go free then he himself deserves the punishment of death.

Even the sect of the Samurai who insisted upon remaining without marrying until the age of thirty made it incumbent upon themselves to marry and produce at least two children.

Chastity was a great virtue among the Japanese so that some women would even kill themselves when their virtue was exposed to danger.

6. Among Pre-Islamic Arabs

The Arabs concerned themselves with lineage and descent, and this interest drove them to such depths and precision in the organisation of the family and the tribes and peoples that it became to them an art and a science.18

They used to encourage early marriage beginning with age sixteen for men and twelve or less for girls so if a girl reached eighteen or twenty without marriage, she would be viewed with concern.

The veil was widespread in the various Arab lands in many forms just as the custom of circumcision was widespread even for girls.

They used to forbid marriage to close relatives and fornication was regarded as a sin, which if they were able to punish it, did so with severe punishments.19 In certain circumstances, the adulteress would be separated and isolated in the house and would remain in this way un-married until death.

Marital Relationships in the Major Religions

Allah says in the Qur'an in prohibition of adultery: Verily it is a vulgarity and a vileness and an evil path to follow'.20

The use of the expression vulgarity, together with the particular past tense verb in Arabic (Kaana) gives the command an eternal and static quality with reference to God's abstraction from time and the singularity of his law in creation, a notion which is not confined solely to Islam but is present in the remainder of the religions, because religion is one in the realm of God, just as the inherent nature of creation is one.

So when we examine the sayings of many religions, we do so with the premise that they support that, which preceded and succeeded them in the field of rational knowledge and traditions and inherent nature and not with the premise that they are a proof and an original source.21

1. The Jewish Religion

Jewish texts affirm the impropriety of bachelorhood considering it a sin and making marriage necessary after the age of twenty. Abortion and infanticide and methods of contraception are also considered a crime and acts of unbelief.

Any woman or wife perpetrating adultery would warrant stoning and the rapist of any married woman would be killed. The rapist of a virgin girl would have to pay a monetary fine and take her as a wife for life for his ill act towards her and those caught in the act of adultery would be killed together.

Anyone slandering a married person without proof would be subject to a fine and punishment.

2. The Christian Religion

In this matter, the Christian religion does not differ from the Jewish religion because Christ came confirming what was in the Torah.22 Hence Christianity prohibited abortion and placed it on a level with premeditated murder. In the same way, homosexuality was prohibited in the strongest possible terms.

The revolution of morals, which Jesus instigated, was in reality a war against the distortion (of religious texts), dissolution, and degeneracy among the people of Israel.

In the Gospels it says: 'You have heard it said: do not commit adultery. But I say whosoever looks to a woman he desires has committed adultery in his heart, and when your right eye calls you to sin, then pluck it out and throw it from you. For it is better for you to destroy one of your organs than for all of your body to go to Hell'23. 'It is said that whosoever divorces a woman; let him give her a document of divorce. But I say that whosoever divorces a woman other than in the case of fornication has exposed her to the possibility of adultery'.24

3. In the Religion of Zoroaster

This religion encouraged marriage and building a family and bearing children. In one of its texts it says that 'the married man is greatly preferable to the bachelor and he who supports a family is much more favoured than he who has no family, and he who has children is even more favourable than that.'25

Elsewhere it says that 'every time the number of children of a man increases, his closeness to his Lord increases.'26

Parents used to organise the marital affairs of those of their children who had reached the age of adolescence, it not being acceptable for a man to remain unmarried. Also any occupation or work which would distance the individual from the family was unacceptable.

Among them, divorce was not approved of except in the case of barrenness, or adultery, or infidelity to the state of married life. Amongst their laws was the prohibition of masturbation, which could be punished by flogging. The consequences for one who committed adultery, or homosexuality, or lesbianism, was death. Likewise, the punishment for abortion among them was execution.

4. Buddhism

In Buddhism, the punishment for an adulteress was to be publicly thrown as prey to the dogs. As for her partner in the crime, he would be roasted alive on a red-hot bed of steel.

Looking at a woman with desire decreased ones vows and the lustful glance stripped one of one's intellect.

5. Confucianism

The ancient Chinese considered the holding back of a man from marriage to be a character deficit and a crime against the ancestors and the state which could not be excused, even for religious men.

They used to delegate a special official whose work was to make sure that every man of age thirty was married and that every woman was married before the age of twenty.

One of the sayings of Confucius says 'if a house stands on a firm foundation then the world is safe and sound'.

Conclusion

After that brief summary of the family system among various civilisations and religions, it is clear that all of humanity agrees upon the call for marriage and procreation as an extension of the human species, and upon the impropriety of the unmarried state and the unlawfulness of fornication and infidelity etc. This concord from the peoples of humanity shows its truthfulness and intrinsic naturalness. Islam, obviously, does not accept a great number of the rules and punishments of these ways of life and civilisations, but our concern is the whole picture and the points of concord only.

Marriage in Materialistic Societies

Despite the obvious harmony of human nature regarding the establishment of the family and married life, and that there is no structure to the human species without this establishment and the fortification of its elements, one can observe certain voices calling for that which goes against the current of intrinsic human nature, and denies this law of the existence, and so just as disrespect towards and neglect of the law of the atom has occurred, so mockery is made of the existence of the family. Whilst the system of the universe has its own direct and natural reaction through radioactivity, the family and society despite its not having a direct and instantaneous natural reaction27, has a greater and more severe effect after the passage and elapse of time.

Among the most important of the slogans, which have gone outside the law of nature, are those said by Marx, Freud, and Durkheim. Freud made the sexual impulse the basic factor in the development of mankind, while Marx considered it to be Economics, and Durkheim went for the social factor. The proof of the invalidity of these philosophies is first and foremost that they are mutually contradicting in addition to the fact that the pressures which surrounded society helped to create them. The severe pressure which society faced from those who called themselves religion, and the grave contradiction that appeared between the words and deeds of the religious authorities is but one example. Another example is the imposition of legal codes which go against human nature like the church's prohibition of divorce, and the inquisition and extreme quelling of any opposition together with the social gulf between the elite and nobility and the poor and miserable. All these matters have fuelled these philosophies.28

Section Two

The Call of Nature29

Marriage as a Necessity

Marriage is a vital necessity. The survival of the species depends upon it and the survival of any organism is an intellectual necessity. Hence the world's intelligentsia try to prevent the extinction of a particular organism. So what of humanity? The Qur'an states:

'But when he turns his back, his aim everywhere is to spread mischief in the land and to destroy crops and progeny, but Allah loves not mischief'.30

In the matter of destroying progeny there is no difference between active destruction and passive destruction. Qur'anic verses and prophetic traditions stress marriage as being mandatory for the common good and recommended for the individual good.

This is from one angle. From another, were it not for marriage, humanity would suffer from some extremely harmful diseases, as medical science has proven, and the avoidance of any possible harm is mandatory both from a religious and an intellectual point of view. From another angle again, a person to deny himself, in moderation, of the good things in life is also intellectually and religiously wrong as the story of Ala shows in 'Nahj al-Balagha'.31 In a well-known case, the Prophet himself stopped a man who had vowed to abstain (from all the good things in life including marriage) by the saying There is to be no monasticism in Islam'.32

It may be argued that the Qur'anic verse: 'The monasticism which they innovated was not prescribed by Us for them, (We commanded them) only to seek the good pleasure of Allah'33, contradicts this. However it should be pointed out that the rule was temporary in the face of an overflow of Jews in the world, and therefore Islam abrogated the rule. As for bringing together they innovated it' and we did not make it incumbent upon them', it is clear that they innovated it firstly, and then Allah ratified it.

Early Marriage

The custom of early marriage is upheld by the intellect and the religion. It was the norm amongst Muslims from the dawn of Islam up to and before the cultural, economic, and military assault by the laws of the West and East upon their lands. If this (early marriage) had not been the case, then it would have led either to depravity, the least form of which is masturbation, or to illness as physicians have shown.

It was the custom of Muslims to marry off girls from the age of ten to fifteen or thereabouts, and boys from attaining maturity up to age eighteen. Early marriage was a vital necessity for them because of its simplicity. There was no condition of completing studies or military service. Marriage was like food and drink and clothing to them. A certain man would need a certain woman and vice versa, and nothing would prevent them from coming together in lawful matrimony.

The West, in placing obstacles and hurdles in the way of marriage, has laid itself open to public and private