a.
Marriage:
1. Marriage in Islam is based on mutual peace, love and compassion.
2. The female has the right to accept or reject marriage proposals. Her consent is a prerequisite to the validity of the marital contract, according to the Prophet’s teaching.
3. The woman is entitled to receive a marital gift, “Mahr” depending on the groom’s financial situation, which is to be included in the nuptial contract, and such ownership does not transfer to her father or husband.
4. The woman keeps her maiden name. She has separate identity from her husband’s. She keeps all her properties and enjoys full right to dispose of them.
5. In consideration of the physiological and psychological makeup of men and women, both have equal rights and claims on one another, except for one responsibility, that of Quewamah “maintenance”,.“providing for, taking care of” as described in another verse [4:34]. This refers to that natural difference between the sexes that makes the man more suitable to “provide for” the woman, the only one capable of bearing children and bringing them into existence. It is important to fulfill all the needs, spiritual, intellectual and material of the woman so she can carry on this noble function. The Quran delineates another function for males to create a balance in human relations and to allow the continuation of human existence.
The Quran recommends kind treatment and consideration to the wife. Even if a wife falls out of favor with her husband, or disinclination for her arises within him. The Prophet Muhammad said:
“The most perfect believers are the best in conduct and the best of you are those who are best to their wives.”.
Should marital disputes arise, the Quran encourages couples to resolve them in a spirit of fairness and probity.
Divorce:
1. If husband and wife cannot resolve their problems in a spirit of fairness and probity and if mediation of the families of both spouses does not succeed neither, then divorce is permissible. Forms of marriage dissolution include enactment based upon mutual agreement, the husband’s initiative, the wife’s initiative (If part of her marital contract), the court’s decision on a wife’s initiative (If there is a cause), and the wife’s initiative, without a cause, provide that she returns her marital gift to the husband (Kul3 or divestiture).
2. Priority of the custody of young children is given to the mother. Later a child may choose the mother or the father as custodian. Custody questions are to be settled in a manner that balances the interests of both parents and the well-being of the child.
3. The woman divorcee is entitled to full support (nafaqua) during the waiting period, the nursing period and the child support period. She is also entitled to alimony from the ex-husband (mot3a).
Polygamy:
The Quran allowed the continuation of polygamy long practiced by the Prophets of the Bible. The Quran regulated it and limited the number of co-wives to four. The condition of absolute fairness and equality in dealing with his wives is required from the husband. If he thinks that this condition is beyond his capacities, he should not marry more than on wife.
But why God allowed such a practice? There is a general rule in Islamic law: “The lesser of two evils” is always to be chosen. There are always some special situations where polygamy is the lesser harm.
1. On the Individual Scale
a. If a wife is barren and the husband aspires to have children and heir.
a. A man whose wife becomes chronically ill.
Islam being against illicit sexual relationships, hypocritical pretence of morality and against divorce, unless no better solution is available, provides for a better alternative that is consistent with human nature and with the preservation of pure and legitimate sex relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is after all an optional solution.
2. On the Social Scale
Aside from natural cases where women outnumber men, devastating wars in the past and at present, have taken their toll mainly among men. The result is not only simply more women who cannot find husbands, but also even more widows who may aspire to a respectable family life. Polygamy can be a good solution to that problem. Unmarried women and widows are human beings. Unless their human needs are legitimately satisfied, the temptation is great for corruption and immorality. But aside from the moral question, these women are also exploited. They are used, as tools for men’s pleasure, yet have no guarantees, no rights or security, financial or emotional. Should they become pregnant, it is their burden alone. But even if such women are ready to pay the price for this personally, society suffers seriously from such situations. The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s criminals. Furthermore, it is inhuman, humiliating for those children to grow up without knowing who their fathers are and without enjoying a normal family life. A second wife legally married and treated kindly is better off than a mistress without any legal rights or security. The second wife is having exactly the same rights as the first one. The legitimate child of a polygamous father, born in the full light of the day, and who enjoys all the rights and privileges of a son or a daughter is far better than the unwanted illegitimate child.
Let us see the situation of the first wife when her husband decides to marry a second wife. We say marry and not kidnap, buy or seduce. She is free to accept or to refuse to be a second wife. (The first and the second wives have identical status):
- The first wife may be barren or chronically ill and see in polygamy a better solution than divorce.
- She may divorce him, unilaterally, if her nuptial contract gives her the right to do so (Ismah) or if it is included as a condition that her prospective husband shall practice monogamy. Should the husband violate this condition, his first wife would be entitled to seek divorce with all the financial rights connected to it.
- She can go to court and ask for divorce if the second marriage of her husband causes her damage of any kind: materially, physically or psychologically.
- She can seek Khul3 (divestiture), dissolution of the marriage if she does not like to continue life with that husband without the husband being guilty of any injustice or wrong doing. She only has to give back to the husband her marital gift.
N.B. Not all women think about polygamy the negative way the Western people and even the Oriental but Westernized women would think about it. It is a question of culture. The Muslims are not the only people to accept polygamy. Women who have polygamous husbands do not all suffer as Westerners may think. On the opposite, in some cultures and areas, women prefer polygamy and have no problems dealing with the co-wife (or co-wives) of the polygamous husband and his kids from the other wife. Some of them even like this part-time husband, the help the other co-wife or co-wives would give for raising the children, or just to have company.

e. Modesty and Social Interaction
1. Muslim men and women are free to dwell together in social life under some conditions related to the modest clothes and behavior they should observe in society. The Islamic dress is a sign of modesty that is necessary for the well being of the Muslim women. The purpose of the Muslim woman’s dress is her protection. Quran is so concerned with protecting bodies and women’s reputations that any person who dares to accuse a woman of unchastity without bringing four witnesses is to be severely punished. The Muslim woman’s dress is thus imposed by God and not by men. It is not the symbol of the submission of women to their husbands, or fathers, but it is the symbol of their submission to God who knows better what is good for them. Actually the dress of the Muslim woman does not play on nor exploit her feminine attractions. It emancipates her from her own desires and from the others, being men, fashion, society, etc… and further she is valued only for her spiritual, intellectual and human capacity. The Islamic modesty allows men and women to transcend their basic desires and to achieve the goal for which they are created: the khilafah, the trusteeship of God on earth.
2. Women at the Prophet’s time participated with men in acts of worship, such as prayers and pilgrimage, in every day life, in the market place, in the discussion of public issues, in political life and in battlefield: fighting, caring for the wounded, giving water and helping wherever she could. She is considered a full member of the society.
3. The general rule in social life is participation and collaboration of males and females in public affairs: the Quran says:
“The believers, men and women, are protectors one of another; they enjoin what is just and forbid what is evil; they observe regular prayers, practice regular charity and obey Allah and His apostle. On them will Allah pour His mercy: for Allah is exalted in power and wise”[9:7].
4. Women used to discuss with the Prophet the details of the new religion and especially what concerned them personally.
5. The wives of the Prophet were a source of learning for all Muslims, men and women. The Prophet used to say to his companions about Aicha, his own wife:
“Take your religion from her”.
They used to come and ask her during the life of the Prophet and after his death. She narrated hundreds of the best-authenticated sayings of the Prophet, contributing thus to the preservation of the Sunnah. She also memorized the Quran and was an authority in interpreting it.
6. The Muslim women wanted to be learned in the new religion. One of them asked the Prophet:
“Oh, Messenger of God, men have monopoly of all what you say. Appoint for us a day on which you may teach us what God has taught you”.
He appointed a time and place for them separately and he used to go and teach them. But this did not mean that they should separate from men’s gatherings.