Islamic Law and Family Disputes

The text presents a discussion on Islamic law and societal norms regarding infertility, adoption, and gender roles. A retired judge and a legal expert debate the complexities of these issues, exploring the lack of legal recourse for women, the societal pressures on barren couples, and the challenges and ambiguities surrounding child adoption within an Islamic framework. The conversation highlights the deep-seated cultural biases against women and the need for legal reforms to address these imbalances. Ultimately, the discussion emphasizes the importance of compassion and fairness in dealing with these sensitive matters.

Justice and Adoption in Islamic Law

Answer each question in 2-3 sentences.

1. According to the speaker, what is the primary cause of tension between men and women in the described context?
2. What specific societal issue does the speaker highlight as deeply rooted and difficult to eradicate?
3. What situation involving a young woman and her “class fellow” does the speaker recount as an example of honor killings?
4. According to the speaker, what support system exists outside of the courts for women in local communities?
5. What does the speaker suggest about the concept of a man marrying multiple times, and what pre-requisite should be considered?
6. What issue regarding barren couples does the speaker raise, and what legal form does he think should exist?
7. What legal barrier exists in the speaker’s country regarding adoption?
8. What does the speaker suggest is the correct manner of giving assets to an adopted child?
9. What specific practice of early Islamic law does the speaker cite and discuss in order to make a larger point about the rights and treatment of adopted children?
10. What message does the speaker wish to convey to the public concerning adoption, particularly in regards to relatives?

Quiz Answer Key

1. The speaker attributes the tension between men and women to the belief that men have a right to command and women are meant to serve them. This stems from a deeply ingrained societal concept of male superiority.
2. The speaker identifies the lack of justice for women as a significant issue. He describes it as “rust” deeply embedded in religion, society, and color, making it difficult to remove.
3. The speaker recounts an incident where a man killed his sister for being seen with her classmate, emphasizing how easily an alleged offense can escalate to deadly violence in the name of “honor.”
4. The speaker describes the existence of local councils that provide support to women, thus circumventing the need for women to pursue justice in the courts.
5. The speaker suggests that if a man wishes to marry multiple wives, he should first seek the permission of his existing wife. This emphasizes that wives deserve consideration and respect.
6. The speaker raises the issue of barren couples and the desire to have children. He argues there should be a legal process that allows for the creation of family bonds through legal means when biological children cannot be born.
7. The speaker states that adoption is not legally recognized in his country. This legal barrier creates complications for those who wish to adopt children and provide them with formal familial ties.
8. The speaker suggests that assets can be gifted during the person’s lifetime to an adopted child, but only up to one-third of the total. The remaining assets would go to a trust or to charity.
9. The speaker discusses the story of how Prophet Muhammad’s adopted son, Zayd ibn Harithah, was not treated as a biological son under Islamic law, to highlight how deeply entrenched societal views on kinship can impact how we treat adopted children.
10. The speaker advises against adopting children from close relatives, as it can cause conflict when the biological parents later decide they want their child back. He suggests adopting children that have no family to avoid this particular scenario.

Essay Questions

1. Analyze the speaker’s perspective on the societal structures and cultural norms that perpetuate injustice against women. How does the speaker’s argument emphasize the interconnection of cultural norms, religious interpretations, and societal behaviors in shaping gender roles?
2. Discuss the speaker’s views on adoption in the context of their specific cultural and legal background. How do these views interact with the broader Islamic legal framework, and what alternative solutions does the speaker propose?
3. Evaluate the speaker’s position on the legal and social status of adopted children. In what ways does he address their vulnerability within the existing system, and how does he suggest they should be treated as a child of the household?
4. Analyze the connection between the speaker’s concerns about “honor killings” and the overarching theme of injustice in the passage. How does this example relate to the speaker’s broader points about gender roles and the power dynamics within families and society?
5. Examine the overall message and purpose of the speaker’s statements. Who do they seem to be addressing, and what are they hoping to accomplish by making these points about injustice and social change?

Glossary of Key Terms

• Magri Tehzeeb: The speaker refers to this as a Western society. It can be interpreted as a contrast to the speaker’s Islamic society and how it relates to current events.
• Jagirdars: A system of feudal land ownership, historically in India and Pakistan, where powerful landlords control land and resources, often at the expense of the people working the land.
• Masalia (Council of): A reference to a local council or community board that operates outside of formal courts to resolve disputes, particularly for women and families.
• Wuzu: Refers to the ritual ablution, or washing of the hands, arms, face, and feet in preparation for Muslim prayer.
• Lipat: In this context, the speaker uses lipat to refer to the surface-level appearance of good behavior and morality.
• Hiba: Refers to a gift or endowment made during one’s lifetime, as contrasted with inheritance after death.
• Shariat: This refers to the Islamic law derived from the Quran and the teachings of Prophet Muhammad.
• Jahar Din Haras: Refers to Zayd ibn Harithah, the adopted son of the Prophet Muhammad.
• Ulema: Islamic scholars or religious leaders who have expertise in Islamic law and theology.
• Haram: Prohibited or forbidden under Islamic law. In the context of this passage, it refers to the prohibition of adoption.

Family, Gender, and Adoption in Islam

Okay, here is a briefing document summarizing the key themes and ideas from the provided text:

Briefing Document: Analysis of “Pasted Text”

Date: October 26, 2023

Subject: Review of Discussions on Family, Gender, and Adoption in an Islamic Context

Introduction:

This document analyzes a conversation, likely from a television or radio program, involving Justice Retired Nachana Javed Iqbal Sahib, Afzal Rehan Sahib, and an unnamed female moderator. The discussion revolves around complex issues related to family dynamics, gender roles, women’s rights, adoption, and societal norms within an Islamic framework, primarily in what appears to be a South Asian context.

Key Themes and Issues:

1. Gender Inequality and Male Dominance:

• Entrenched Patriarchy: The conversation highlights a deeply rooted patriarchal system where men feel entitled to command and control women. One participant states, “…the male is found and it is 2 minutes and all the males means however much one understands himself, he has to understand that I am a man and she is a woman and it is my right to command.”
• Domestic Servitude: There is a perception that a woman’s role is to serve the man, evidenced by the questions, “…is it my hand that should make rotis or pots, is it my hand that should wash my clothes, is it my hand that should spy…?”
• Lack of Justice for Women: A strong point is made that “in our society there is no justice for women.”
• Male Accountability for Violence: The speaker notes that in 90% of cases that come before the court, it is the man who is at fault for domestic disputes. This emphasizes a prevalent pattern of male responsibility for marital discord and violence against women.
• ‘Honor Killings’: The discussion references the issue of “honor killings” and the societal context that can lead to such violence. One tragic example is given of a woman being killed by her brother after he wrongly assumes she was in an inappropriate situation.

1. Marital Discord and Divorce:

• Tension due to Infertility: The discussion mentions how childlessness can escalate marital tension, noting that in a specific case, “because of not having children, the tension between them increased even more.”
• Second Marriages: The conversation touches upon men taking second wives and the need for the first wife’s consent. It is proposed that “if you want to get married then that is over, before that take permission from your wife.”
• Societal Pressure and Marital Conflict: The negative effects of societal pressures on couples are discussed. A point is made that “if our society is allowed to break the concern for death a little, then many diseases are caused by it, there is blue pressure or there are many other diseases due to it” emphasizing that anxiety and stress about marital issues contribute to poor health.

1. Adoption and its Complexities:

• Lack of Legal Recognition: Adoption is noted as not being legally recognized in their country.
• Inheritance Rights: A major point of concern is regarding the inheritance rights of adopted children, especially since under Islamic law, adopted children are not given the same rights as biological children. The conversation notes “they wanted that you were not their child at all, so can they get a share in the inheritance, can’t they get it, what will he become?”
• Emotional and Social Challenges: The discussion touches upon the emotional impact on adopted children, noting that it is important to raise them with love. A participant shares, “I have brought it up in such a way that when people say that, oh, this is theirs, you have told me that this is such a human companion that my body is their property.”
• Importance of a Will: It is stated that “if he does not make a will then he will not get anything.” A recommendation is made that those who adopt can give up to one third of their property to their adopted child.
• Adopting from Relatives: A warning is given against adopting children from close relatives due to potential future conflicts. “If you want to adopt a child then never adopt a child from your dear relatives whom you are taking from your parents because his parents will also want a child from you some day and you will have to suffer a lot from him.”

1. The Role of Islamic Teachings & Interpretation:

• Misinterpretations of Islamic Doctrine: There’s a sense that certain actions and beliefs regarding gender roles are rooted in a misinterpretation of Islamic principles. It is noted that Islam does not teach prejudice based on race and that people should look at principles rather than rigid traditions.
• Emphasis on Compassion & Justice: The discussion, while complex, attempts to align with principles of Islamic justice, compassion and fair treatment, especially for women and children.
• Importance of Ijtihad/Independent Reasoning The conversation grapples with modern challenges by utilizing a mix of traditional Islamic teachings and attempting to apply reason to new situations.

1. Call for Change & Reform:

• Addressing Root Issues: The speaker laments that the problems of inequality cannot be solved with superficial or cosmetic fixes (“its rust is very deep, it will not go away by giving me and your hunk”).
• Role of Community Leaders: The discussion also touches on the need for community leaders and councils to actively support women facing domestic abuse and injustices, noting “very good committees have been formed in the council of Masalia, this series has started and this has been happening since 1981.”

Key Quotes:

• “in our society there is no justice for women”
• “the male is found and it is 2 minutes and all the males means however much one understands himself, he has to understand that I am a man and she is a woman and it is my right to command.”
• “is it my hand that should make rotis or pots, is it my hand that should wash my clothes, is it my hand that should spy…?”
• “if you want to get married then that is over, before that take permission from your wife.”
• “If you want to adopt a child then never adopt a child from your dear relatives whom you are taking from your parents because his parents will also want a child from you some day and you will have to suffer a lot from him.”
• “I have brought it up in such a way that when people say that, oh, this is theirs, you have told me that this is such a human companion that my body is their property.”
• “its rust is very deep, it will not go away by giving me and your hunk”

Conclusion:

The conversation reveals a society grappling with deeply ingrained patriarchal norms, injustices faced by women, and complex issues surrounding adoption within an Islamic context. There is a clear call for reform, for a deeper understanding of Islamic teachings, and for a more just and compassionate society. The discussion highlights a need for legal, social, and emotional support systems, especially for women and adopted children.

Islamic Law, Family, and Adoption

FAQ on Islamic Law, Family Dynamics, and Adoption

1. What are some common issues faced by women within the family structure, as discussed in the text?

The text highlights several issues women face, including: domestic tension arising from the inability to have children, lack of justice in the patriarchal structure where men often assume a position of dominance and control (including expecting women to do domestic labor and serve them), instances of honor killings (where women are killed for perceived dishonorable actions), and unequal treatment in inheritance matters. The text also points to the lack of social and legal support for women, who are often subject to judgment and scrutiny, even in cases where they are victims of violence or injustice.

2. The text suggests that “rust” is very deep in society in relation to gender issues. What does this imply and what does it mean for solutions?

The “rust” refers to deeply ingrained societal attitudes, biases, and traditions that perpetuate inequality and injustice against women. It implies that the problem is not just about individual actions but stems from systematic beliefs and practices related to gender roles that are difficult to change through simple fixes. The speaker says it “will not go away by giving me and your hunk” indicating that simple acts or surface level changes will not solve the deeply ingrained issue. The text suggests that addressing these issues requires comprehensive and prolonged efforts at multiple levels including legal, religious, educational, and social reform, as well as a fundamental shift in societal consciousness.

3. The text brings up the issue of ‘honor killings’. How does this relate to the broader discussion of women’s rights and societal problems?

Honor killings, as depicted in the text, are a extreme manifestation of the patriarchal control over women’s lives. The fact that a woman can be killed by her family for perceived transgressions that they deem ‘dishonorable’ highlights the lack of autonomy and safety women often experience. The speaker shares a story of a woman killed by her brother for simply speaking with a male classmate. It underscores the urgent need for changes in societal attitudes and legal systems that protect women from such extreme forms of violence and allows for men to exert control over women.

4. What is the text’s stance on men’s views of their roles versus women’s roles within families?

The text criticizes the prevalent patriarchal view that men have an inherent right to command and be served by women, with the expectation that women should be responsible for all domestic labor. The text highlights that such a view is not only unjust, but also harmful to family relationships. The speaker makes a point that some men see their role as the one to perform “wudu” on his own, indicating they believe they can handle more. While it’s not clear what the process of wudu is in the context of this speech, it represents men thinking they have the authority to perform duties that traditionally they may have expected from women. It challenges the perception that women’s roles are confined to domestic duties, emphasizing their need for autonomy, equality, and respect.

5. How does the text approach the topic of adoption within Islamic contexts, particularly for couples who are unable to conceive?

The text indicates that while adoption is not formally recognized in some interpretations of Islamic law (and therefore cannot allow someone to become a formal heir), it acknowledges the desire of couples without children to raise and care for children. The text suggests that if a couple adopts a child, that they should treat the child as their own, offer love, and ensure a good upbringing. Further, the text recommends giving a third of what you own to that child as a way of support in their life, rather than as formal inheritance. The text emphasizes the need to love and care for adopted children. It also warns against adopting a child from relatives in order to avoid future conflict. The key message is to ensure an orphaned child receives love and support without creating future difficulties for the adopting family.

6. What practical advice does the text offer to couples considering adoption?

The text advises that couples seeking to adopt should first seek other methods of having their own children. Then, if they must adopt, they should avoid taking a child from close relatives, as that can create future problems. It also highlights the importance of loving the adopted child and making sure that they’re well provided for in the home. The text also shares that they can use a third of their finances to support that child after their passing. It also makes clear that when parents adopt, they need to realize they must be prepared to act as if the child was their own and love them accordingly.

7. What does the text say about the importance of making a will and how it relates to children both biological and adopted?

The text specifies that while you cannot make a will that favors one biological child over others, there is the possibility of giving up to 1/3 of your money to adopted children. This is permissible in Islamic law. While there is some discussion about how a child will inherit from their parents, it is also made clear that the parents must give to the adopted child if they have that financial capacity. If a will isn’t made, there is discussion as to how that adopted child will be provided for after their parents passing. This is why the text encourages proper documentation of all assets.

8. What are some of the broader societal issues related to stress, tension and lack of communication highlighted in the text?

The text links the lack of communication, societal tensions and family issues, to health problems, emphasizing that unresolved conflicts and concerns cause bitterness and distress that manifests as diseases such as high blood pressure. The text calls out that “worry is a disease” and indicates that society would benefit by having difficult discussions and finding solutions to the tensions being discussed. This points to a need for open communication and conflict resolution, especially within the family unit. Ultimately, the text seems to be advocating for more open discussion of difficult topics in order to reach a solution.

Marital Tensions, Women’s Rights, and Adoption in South Asia

Okay, here is a timeline of events and a cast of characters based on the provided text. Please note that this is based on a single, rather rambling source, and the events are not presented in a clear chronological order within it. Therefore, the timeline is a reconstruction based on the sequence of discussion within the text.

Timeline of Main Events and Issues Discussed

1. Initial Discussion on Marital Tension and Childlessness: The discussion opens with a general concern about tension in marriages, specifically referencing a couple who did not understand each other from the start, exacerbated by their inability to have children. This includes mention of a woman, Ghalib, who had a child by someone outside of her marriage.
2. Critique of Male Dominance and Justification: A key theme arises, critiquing male dominance and the idea that men have a right to command women, viewing women’s roles as serving them (cooking, cleaning, etc). The speaker notes this is a pervasive idea despite efforts to counter it.
3. Incidents of Violence Against Women: The text describes several specific incidents:

• A man who abused and then killed his sister after she was seen talking to a classmate. This is framed within a discussion of “honor killings.”
• A general mention of countless women being raped due to a “system of jagirdars” (landlords or feudal system)

1. Discussions on Local Councils and Support for Women: The role of local councils (Masalia) is brought up, suggesting some effort to support women and resolve issues outside of court. These have been happening since 1981. The speaker expresses being happy to be included in those council chair roles.
2. Polygamy and Wives’ Rights: The issue of men taking multiple wives is discussed, noting that permission should be sought from existing wives, there should be some room for recourse if permission is not granted (for example if a wife will not allow the investigation of a property), and suggesting men should not be allowed to take multiple wives due to a power differential
3. Adoption and Childlessness: A significant portion of the discussion revolves around adoption, particularly for childless couples. Key points include:

• The lack of legal recognition of adoption in their society.
• The complexities of lineage and inheritance related to adopted children.
• The emotional aspects of adoption, noting the importance of treating an adopted child like one’s own.
• The need to secure an adopted child’s rights, ideally through gifting (Hiba) in life, not inheritance, or a will limited to one-third of assets.

1. Inheritance and Wills: Discussion on inheritance laws and whether a parent can give a will to some children but not others
2. Dangers of Adoption within the Family A suggestion that if you must adopt, do not do so within the family
3. General societal woes: There are general comments on the dangers of societal stress and how concern, worry, and stress causes many diseases

Cast of Characters

• Nachana Javed Iqbal Sahib: A retired Justice. He appears to be a respected figure.
• Mumtaz Sahib: Mentioned alongside Justice Iqbal, likely a person of some status.
• Afzal Rehan Sahib: A legal guide and author of the book Islamic Tehzeeb Ka Mubarak Magri Tehzeeb. He appears to be an expert on Islamic and Western societies and their comparison.
• Ghalib: A woman who had a child outside of her marriage, sparking discussion about infidelity and family tensions.
• “Bhature President”: (Unnamed) A woman who is an ex-president of “courage” for 12 years and is addressed in the discussion. Her insight is requested based on her experience. This name has a disrespectful tone towards this woman.
• Sweety: A person whose specific situation leads to discussion about women’s rights. The nature of “Sweety’s condition” is not fully detailed.
• Adhin: Sweety’s family doctor.
• The Man Who Killed His Sister: An unnamed man who committed an honor killing. His actions are used as an example of violence against women.
• The Sister Who Was Killed: An unnamed woman, killed by her brother after being seen speaking to a male classmate.
• The “Lip-Lock Girl”: An unnamed girl whose existence is seen as the source of contention between a couple. This is a derogatory term used in the text and may not be the girl’s actual name.
• Rasulallah: The prophet, mentioned as having a son who was not his own.
• Various unnamed council members Mentioned throughout the text

Key Themes

• Women’s Rights and Status: The text is heavily focused on the injustices faced by women within the society. This encompasses physical violence, emotional abuse, and the denial of agency.
• Male Dominance: The traditional power dynamic between men and women and its effects is a key concern.
• Marriage, Childlessness, and Adoption: These interlinked issues are a major focus, particularly the legal, emotional, and social implications of adoption in a society where it isn’t recognized legally.
• Tradition vs. Progress: The text grapples with a tension between tradition and what is considered progress. This is particularly evident in discussions around legal reform, women’s rights, and adoption.
• Social Woes: There are discussions on how stress, worry, and bitterness contribute to societal problems and diseases

Let me know if you have any other questions or requests!

Women’s Justice in Society

The sources discuss issues related to women’s justice in society, particularly within the context of family, marriage, and societal norms. Here’s a breakdown of the key points:

• Lack of Justice for Women: One source states that there is a lack of justice for women in society [1]. It is argued that men are conditioned from birth to believe they have the right to command and that women are meant to serve them [1]. This includes expectations that women should perform domestic tasks like cooking and cleaning, and that men have the right to control or “spy” on women [1].
• Male Dominance and Control: The sources describe a patriarchal system where men believe they have a right to command and women are expected to serve [1]. One source claims that men often think they are superior and have a right to control women [2]. This can lead to situations where men abuse their power, and even resort to violence against women [1, 3].
• Violence Against Women: The sources describe instances of violence against women, including “honor killings” [1]. One example is given of a man killing his sister because she was talking to a classmate [3]. It’s also noted that in 90% of court cases, men are the perpetrators of violence against women [1]. The “jagirdars” system is mentioned as a factor contributing to the rape of countless women [1].
• Societal Norms and Expectations: Societal norms and expectations often contribute to the injustices faced by women. For example, there’s a tendency to blame women for problems in relationships [1]. Even in cases where a woman is mistreated, she may be questioned or blamed [1]. A woman who speaks out may be accused of “saying all this to the night” [1].
• Marriage and Family Dynamics: The sources reveal that tension can arise in marriages, particularly when couples are childless [4]. The issue of a woman having a child with someone other than her husband is also discussed [4]. Additionally, the sources discuss the practice of polygamy, and the need for a man to seek permission from his existing wife before marrying another [5]. In some cases, women may be restricted from even allowing investigation of a husband’s property [5].
• Adoption and its complexities: Adoption practices are discussed, revealing that adoption is not legally recognized [6]. There are considerations of who can inherit what, and how to handle a child that isn’t biologically one’s own [6, 7]. There’s also mention that if an adopted child is from relatives, there may be issues in the future because the biological parents may want their child back [8].
• Role of Religious and Cultural Norms: The sources mention religious and cultural aspects that affect women’s rights [1]. There’s a discussion about whether Shariat accepts “dotting” or not [2]. One source mentions that religious and societal rust is very deep, and these issues won’t go away easily [1].

These points highlight a complex web of societal, cultural, and religious factors that contribute to injustices against women.

Islamic Adoption: Law, Inheritance, and Social Dynamics

The sources discuss Islamic adoption practices, highlighting legal and social considerations. Here’s a breakdown:

• Lack of Legal Recognition: Adoption is not legally recognized [1]. This means that while a child may be taken in and raised by a family, they do not have the same legal rights as biological children, particularly regarding inheritance [1, 2].
• Inheritance Rights:
• Adopted Children: An adopted child cannot inherit from their adoptive parents in the same way as a biological child [1].
• Wills and Bequests: While a will cannot be made in favor of one’s own children [1], up to one-third of one’s property can be bequeathed to an adopted child [2]. The remaining amount would go to the family’s trust, or to charity if there is no trust, as long as the person has made time for the adopted child [2].
• Hiba: A gift (Hiba) can be given to an adopted child during the adoptive parents’ lifetime [1]. However, it’s suggested that the adoptive parents should retain some of their own property [1].
• Social and Emotional Considerations:Love and Care: Even if an adopted child does not have the same legal rights, the sources emphasize that they should always be loved [1]. The sources suggest that when a child is adopted, the adoptive parents should consider them as their own child [2].
• Parental Feelings: It is said that when a child is adopted, the adoptive parents can develop strong feelings of companionship, and consider the child as their own [2]. However, there can be pain if people make comments that highlight that the child is not biological [3].
• Potential Issues with Relatives: It is advised not to adopt a child from close relatives, as biological parents may want the child back in the future [4]. This could result in difficulties for the adoptive parents [4].
• Establishing Lineage:The sources note that a child should go to their own parents if they have them [5].
• If the child doesn’t have parents, adoptive parents may give their “virus” to the child. However, since the child doesn’t have the adopter’s name, it can be difficult to establish a lineage [5].
• Alternative Approaches:The sources mention that adoption is one way of addressing the desire to raise a child, particularly when there are no biological children [4, 6].
• There are instances of people adopting children when they cannot have children of their own [6].
• Medical science is cited as having advanced to help women have children, but if a woman still cannot have children, it is understood that adoption may occur [6].

In summary, while adoption exists in Islamic society, it differs significantly from legal adoption in many western countries, particularly regarding inheritance rights and legal recognition. The focus is on love, care, and the social and emotional aspects of raising a child, with an emphasis on the challenges and complications that can arise in adoption situations [1, 2].

Islamic Adoption: Law, Inheritance, and Social Dynamics

The sources discuss child adoption within an Islamic context, highlighting several key aspects related to legal status, inheritance, and social considerations [1-9].

• Legal Recognition: Adoption is not legally recognized in the society described by the sources [6]. This means that while a family may take in and raise a child, the child does not have the same legal rights as a biological child, particularly when it comes to inheritance [6, 7].
• Inheritance Rights:
• Adopted children cannot inherit from their adoptive parents in the same way as biological children [6].
• However, up to one-third of one’s property can be bequeathed to an adopted child through a will [7]. The rest of the money would go to the family’s trust or to charity [7].
• A gift (Hiba) can be given to an adopted child during the adoptive parents’ lifetime [6]. It is also suggested that adoptive parents should retain some of their own property [6].
• A will cannot be made in favor of one’s own children, so as not to create an injustice to other children [6].
• Social and Emotional Considerations:
• Adopted children should always be loved and cared for by their adoptive parents [6].
• Adoptive parents often develop strong feelings for adopted children, viewing them as their own [7].
• However, comments from others that highlight that the child is not biological can be hurtful [8].
• It is advised not to adopt children from close relatives, as their biological parents may want them back [9].
• There is a desire to raise a child among many couples, and adoption is seen as a way to do this when there are no biological children [4, 9].
• Establishing Lineage:
• If the child has parents, the child should go to them [5].
• If the child does not have parents, adoptive parents may give their “virus” to the child [5]. However, because the child does not have the adopter’s name, this can make it difficult to establish lineage [5].
• Alternatives:
• Medical science has advanced to help women have children, but adoption is an option if a woman cannot conceive [4].
• There are instances of people adopting children when they cannot have children of their own [4, 9].
• The sources mention that if a couple adopts a child, they should consider them as their own child [7].
• Other Considerations:
• If someone is going to adopt, they should think carefully before doing so and if they do, to do so with proof [6].
• If an orphan is adopted, there should be careful consideration of whether to do so [6].
• There are concerns about the future of the child if the adoptive parents do not have their own children [6, 8].
• It’s important to understand that a child adopted will not have the same attachment to the adoptive family as a biological child [6].

In summary, the sources outline a system of adoption that exists in the Islamic society described. The focus is on the emotional and social bonds formed, rather than the legal aspects, as the legal system does not recognize adoption, particularly in terms of inheritance. While there are practices to provide for the child, the adopted child does not have the same rights as a biological child.

Family Disputes and Societal Norms

Family disputes are a recurring theme in the sources, arising from various issues including marital tension, childlessness, adoption, and differing views on gender roles and rights. Here’s a breakdown of the different types of family disputes discussed in the sources:

• Marital Tension and Childlessness: The sources indicate that tension can arise within a marriage, particularly when a couple is unable to have children [1]. This lack of children can exacerbate existing issues between spouses. Additionally, disputes may arise when a woman has a child with someone other than her husband [1].
• Polygamy and Spousal Conflict: The practice of a man taking multiple wives is discussed, and the sources indicate that this can lead to conflict and tension [2]. A man is supposed to seek permission from his current wife before marrying another [2]. Disputes can arise if a wife does not want her husband to take another wife, or if the man does so without permission [2].
• Gender Roles and Male Dominance: The sources reveal that disputes often stem from differing views on gender roles and rights [3, 4]. Men may believe they have the right to command and control women, while women are expected to be subservient [3]. This can lead to conflict when women do not conform to these expectations [3]. There can be disputes about domestic duties, such as who should cook or clean, and whether men have the right to monitor or “spy” on women [3].
• Violence and “Honor Killings”: The sources describe how disputes can escalate to violence, including “honor killings” [3, 5]. One example is given of a man killing his sister because she was talking to a male classmate [5]. The sources reveal that in the majority of court cases, men are the perpetrators of violence against women [3].
• Adoption and Inheritance Issues: Disputes can arise in the context of adoption, particularly when it comes to inheritance rights [6, 7]. Because adoption is not legally recognized, adopted children do not have the same inheritance rights as biological children [6]. This can lead to disputes among family members about who is entitled to what [6]. There can be disputes about who should care for and raise a child, especially if the biological parents of an adopted child want their child back [8]. Also, the sources say that there can be issues when people make comments about an adopted child not being biologically related to the family [9].
• Disputes over Lineage: If a couple adopts a child, but does not have any biological children, there can be disputes over who the adopted child’s family is [4]. The sources note that a child should go to their own parents, if they have them [4].
• Societal and Cultural Pressures: The sources note that family disputes are often exacerbated by broader societal and cultural norms [3, 9]. There is a tendency to blame women for problems in relationships, or for not conforming to traditional expectations [3].
• Role of Extended Family: The sources mention that extended family can also play a role in disputes, especially when they try to interfere in the lives of married couples [6, 9]. For example, the mother of a spouse may become involved in a dispute [4].
• Divorce: The sources also mention that some family disputes can lead to divorce [8]. There are concerns about the increase in the rate of divorce [8]. It is mentioned that many illnesses can be caused by stress related to family disputes, and those issues can lead to divorce [8].

In summary, the sources present family disputes as a complex issue stemming from marital problems, gender inequality, violence, and differing perspectives on adoption and inheritance, exacerbated by societal norms and cultural expectations.

Family Law in an Islamic Society

The sources discuss various legal issues, primarily within the context of family and personal law, particularly concerning marriage, divorce, adoption, and inheritance. Here’s a breakdown of the legal issues discussed:

• Adoption and Legal Recognition:
• Adoption is not legally recognized [1]. This means that while a child can be taken in and raised by a family, the child doesn’t have the same legal rights as a biological child, particularly when it comes to inheritance [1].
• The lack of legal recognition for adoption creates challenges regarding the child’s rights and status within the family and society [1].
• Inheritance Laws:
• Adopted children cannot inherit from their adoptive parents in the same way as biological children [1].
• A will cannot be made in favor of one’s own children [1]. This is to ensure that all children are treated fairly [1].
• However, up to one-third of one’s property can be bequeathed to an adopted child through a will [2]. The rest of the money would go to the family’s trust or to charity [2].
• A gift (Hiba) can be given to an adopted child during the adoptive parents’ lifetime [1]. It is also suggested that adoptive parents should retain some of their own property [1].
• If a person does not make a will, the adopted child will not get anything [2].
• Marriage and Polygamy:
• The sources suggest that a man is supposed to seek permission from his current wife before marrying another [3].
• There is some scope that a man can marry another woman if his current wife does not give too much resistance. A man may make an application to the chairman if his wife does not allow him to marry another woman [3].
• The sources indicate that taking multiple wives can lead to conflict and tension within the family [3].
• Divorce:
• The sources mention the increasing rate of divorce and the societal problems that can lead to divorce [4].
• There are concerns that stress related to family disputes can cause illnesses and contribute to divorce [4].
• Gender Roles and Rights:
• The sources reveal a patriarchal societal structure where men are often seen as having the right to command and control women [5, 6].
• There are disputes over domestic duties [5, 6].
• The sources reveal that in the majority of court cases, men are the perpetrators of violence against women [5].
• The sources discuss issues of women’s rights and justice within the society, and there are concerns that the legal system is not always fair to women [5].
• “Honor Killings”:
• The sources discuss the issue of “honor killings” and other forms of violence against women [5, 7].
• One example of a man killing his sister because she was talking to a male classmate is mentioned, which highlights the extreme consequences of these cultural norms [5, 7].
• Family Courts and Councils:
• The sources mention the existence of councils and committees, which suggests an alternative means of resolving disputes outside of formal court systems [7].
• These councils can provide support to women and families within their own locality, offering an alternative to going through the court system [7].
• Child Custody:
• The sources note that if a child has their own parents, the child should go to them [6].
• In adoption cases, there can be disputes over who should care for and raise a child, especially if the biological parents want their child back [4].
• If a child is adopted by a couple, and the couple has no children of their own, there can be disputes about who the child’s family is [6].
• Property Rights:
• The sources mention that if a man wants to marry again, his wife may want to ensure her property rights are protected [3].
• There is the implication that men are often landlords with control over property [3].

In summary, the sources reveal a complex legal landscape that reflects the societal and cultural norms of the described Islamic society. While there are formal legal structures, the discussions suggest that customary practices, cultural traditions, and religious interpretations heavily influence how legal issues are handled, particularly within family law.

By Amjad Izhar
Contact: amjad.izhar@gmail.com
https://amjadizhar.blog

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