Rights and Obligations of Husband and Wife

other in good deeds and piety. Consequently, ulema’s view of not obligating wives to nurse their birth child was highly likely to be influenced by Arab traditions, particularly the Quraish tribe who did not nurse their babies to their own mother, but to their baby sitter who were usually sought in remote areas. If that is the case, in other societies which do not recognize this custom, including Indonesia, mother can be obligated to nurse their baby as a part of the reproductive tasks they must carry out.

4.7 Leadership in the Family

An-Nisa’, 4:34 usually becomes the basis of affording the right of the husband to become head of the household. This understanding is based on one of the definitions of the word qawwamun, plural for qawwam, found in that verse which is al-amir meaning leader. In most mid-century exegesis literatures, such as al-Kasysyaf, it is explained that the husband as a leader holds the same position as a government to its people, who has the right to order and forbid and to be obeyed. Modern exegesis literatures still use this definition for that word, as do al-Manar, which provided explanations close to basic principles of man woman relations as explained above. It is stated in this exegesis that leadership of the husband to his wife bears functions of himayah to defend, ri’ayah to protect, wilayah to guard, and kifayah to afford. In Arabic the term qawwam also has another meaning, which is al- qawy ‘ala qiyam bi al-amr a person with strength to carry out the task. Based on this definition, the verse shows that the husband must take care of his wife who must carry out reproductive tasks. Therefore, if it were to be understood based on this definition, the verse does not appoint the husband’s right of leadership but his responsibility to provide welfare to a wife who is pregnant, in labour, and nursing. This responsibility and task becomes the merit of husband and wife respectively as bestowed by God and implied in the phrases of the two verses.

4.8 The Ideal Wife

A discussion on the ideal wife in al-Qur’an is also found in an-Nisa’ 4:34. This verse does not explicitly state how the ideal wife is. It compliments pious wife with certain attributes. These compliments can be understood to refer to criteria of the ideal wife, namely: 1 Qanitah which means obedient to norms of religion, morality, and law along with subservient; 2 Hafidhah which means capable of self-care and trustworthy. The verse does not state what actions may and may not be taken against such ideal wife. This shows that wives fulfilling these criteria should be allowed to develop her full potential as humble servant and leader. Therefore, from the perspective of al-Qur’an, it is not an issue whether the wife works outside the home or not. The important thing is that a wife must be qanitah and hafidah regardless of her being a career woman or not.

4.9 Polygamy and Domestic Violence

Al-Qur’an discusses polygamy in an-Nisa’, 4:3, 20, and 129. The first verse talks about the conditions behind the ruling, requirements of fairness, and maximum limit of polygamy up to four wives; the second verse is in regards to prohibition in taking assets which have already been given to the wife, however many, for the cost of polygamy; and the third one is regarding the impossibility for a husband to be fair to all his wives in polygamy. An-Nisa’, 4:3 relates the rule of polygamy to unfairness of the orphan. Elaboration on this issue can be done through historical reconstruction when the verse was revealed in the 4 th year of Hijriyah. At the time, the Muslim community had just experienced a crushing defeat in the Battle of Uhud which took the lives of 70 adult male. This was a significant amount since the number of adult male at the time was merely 700. During that period, men were the backbone of the family. Due to the fall of 10 of Muslim men, many women became widows and many children became fatherless in families which lost their bread winners. In other words, there was a boom in widows and fatherless children with potential to be strays in Madina, the newly developing centre of Islamic government at the time. In a period when tribalism was still the social structure of the Arab communities, this did not pose as a problem since the head of tribe who has the obligation of providing social security to his people would provide them with sustenance. However, the situation changed along with the development of Hijaz into a trade route from Yemen to Syria, the urban Arab community were pressured to change into a trade community with all its consequences, such as individualism, exploitation of the weak and competition. Islam did not turn their historical clock counter clockwise back to ancient ages, but it sorted out the existing situation by emphasizing the application of social ethics with principles of equality, fraternity, and justice. That is why when there was a social crisis due to the large number of casualties of war, the Prophet did not play the role of a tribal leader providing sustenance for widows and fatherless children who were left behind, but he acted as a head of state who must guarantee the welfare of his people. Since the state treasury was limited or even non-existent, consequently, citizens who had mental and material competence were suggested to resolve the crisis by conducting polygamy as a social security measure. From this brief explanation, it is known that polygamy in Islam is actually a principle which applies in times of social emergency, not in normal situations and individual “emergency”, as formulated in books of Islamic laws and marriage laws in some Muslim countries. Although it was an emergency ruling, polygamy at the time remained under very strict requirements as mentioned above. That is why the regulation and application of polygamy in the Muslim community should refer to those ideal terms and conditions stipulated in al-Qur’an. Based on that reference, consequently the polygamy conducted with absence of the said social emergency can be prohibited. Currently, the prohibition of polygamy seems to be a historical certainty since humanitarian awareness, in which Islam has a role in initiating, has become stronger. The cultural background of polygamy among others is the view that women are subordinate to men. In developed culture this view no longer exists. That is the reason why although there are proponents of polygamy, the process of disallowing the institution remains on going. This process is undoubtedly inseparable to the intrinsic values of developed culture which views violence against women not only in the form of physical violence, but also psychological and sexual as well. Nowadays people asses polygamy as a form of psychological violence towards the wife woman. This value is not something completely new in Islam. This can be seen from eradication of violence against women agendas at the time of the Prophet which are found in al-Qur’an as follows: 1 female infanticide by burying them alive at-Takwir, 81:8-9; 2 beating an- Nisa’, 4:30; 3 divorcing a wife due to old age al-Mujadilah, 58:2; 4 evicting the wife from home at-Thalaq, 65:1; 5 causing suffering and misery at-Thalaq, 65:6; 6 complicating the life of women al- Baqarah, 2:236.

4.10 Conclusion

This writing attempts to elaborate on the implementation of Qur’anic teachings in marriage ethics by analysing human nature. This effort is line with al-A’la, 87:3 which affirms that in the creation of man, God bestowed human nature form, existence, and potential, then provided guidance. This affirmation, on the one hand, shows that for its own good man must actualize his human nature in line to God’s guidance. On the other hand, the affirmation also means that the formulation of the teachings of al-Qur’an must be in line with human nature so that it can be executed well. It is already known that al-Qur’an was revealed as a