Monday, August 22, 2022

Rights and Justice in the Family

 

'Respect Rights; Fulfill Duties'- 2


By the grace of Allah, I pursue the same subject-matter of my sermon of last Friday in which I talked about the having great considerations for the rights of our Muslim brethren. The rights explained are applicable to all Muslims in general. However, it is obvious that the importance and significance of rights will increase if these are related to special people.

 

In regard to rights, parents enjoy priority and greater significance because of their close relationship with their offspring. The rights of parents are unanimously accepted. I will not therefore elaborate on the details of these rights, as they are foremost mentioned in the Holy Quran and Hadiths, unless the parents deviates the child and intimates him or her to adopt false gods other than the true God, i.e. Allah. But even then, despite the wall of difference between parents and children who do not share the same faith, whether the parents are true Muslims and their children non-Muslims or vice-versa, even then Islam while ordaining the believers not to obey the disbelievers, even if they be their parents when they force them [i.e. the children] to worship others than Allah, Islam also commands that the non-Muslim parents be respected and treated well. They are not to be obeyed in religious matters, but concerning the affairs of the world, the children should show consideration and respect towards them and pray for their salvation.

 

In all things [and situations] there should be a balance. Like I taught you about the equilibrium which there needs to be in one’s own reform and preaching the unity and message of Allah, likewise, Islam teaches equilibrium of the rights of parents. Almighty Allah says in the Holy Quran: “Surely, Allah commands you to deliver trusts to those entitled to them, and that, when you judge between people, judge with justice.” (An-Nisa, 4: 59)

 

Two commands are understood from the general meaning of this verse, in other words:

1.     It is incumbent to discharge the obligatory rights of people.

2.     It is not lawful to destroy or fail in discharging the rights of one person for the sake of another person.

 

I put forward two specific cases which relate to the two general rules which I have just mentioned in connection with the Quranic verse.

 

The two cases are:

1.     The fixation of the compulsory and non-compulsory rights of parents.

2.  The equilibrium to be adopted in the event of a conflict between the rights of parents and wife or parents and one’s children.

 

Some unscrupulous people - and experience has shown that there are many such persons - are so extreme in neglecting the rights of parents that they totally ignore the Shariah’s commands pertaining to the compulsion of obedience to parents. As a consequence of their total indifference in this regard they invoke the greatest of calamities and misfortunes on them. On the other hand, some pious people adopt the other extreme whereby their obedience to their parents is of such a degree which occasions the destruction of the rights of others, e.g. the rights of their wives and children. These sets of extremists are again indifferent to the commands which decree obligatory the rights of parents, spouses as well as the children. Thus, they all invite calamity and misfortune on themselves.

 

Besides the two sets of people mentioned, there is a third set. These people do not destroy or fail in the discharge of the rights of people. They fulfill these rights and adequately discharge their duties and obligations. But, they understand some non-incumbent duties to be obligatory. Believing optional duties to be compulsory, they set about fulfilling these with this attitude. Sometimes, due to adverse circumstances or some other factors, they are unable to remain steadfast in the discharge of such duties. They find it difficult and unbearable. As a result frustration sets in and their minds are afflicted with a host of divisive thoughts. They start to believe that the Shariah has imposed unbearable burdens on man and in this way they ruin their Deen. In this way, this group is also guilty of trampling on the rights of someone, and that someone is one’s own Nafs which also has rights over one. Speaking on the obligatory rights of the Nafs, the Messenger of Allah (pbuh) said: “Verily, your Nafs has rights over you.”

 

Among these obligatory rights, protection of one’s Deen has priority. The fulfillment of non-obligatory rights of parents with the attitude which I have just described sometimes leads towards sin. If after the laws have been correctly understood and after one has put into practice the obligatory duties, one sets about fulfilling rights which are not obligatory, the evil which I just mentioned will not occur [because he has accomplished the non-obligatory duties only after having accomplished the obligatory ones]; frustration will not overtake one and one will not then attribute one’s failure to adhere to this self-imposed task as an injustice and unbearable burden imposed on man by Deen. It will be realized that the difficulty was of one’s own making. Furthermore, after having correctly understood the non-obligatory nature of certain rights, one will derive pleasure from one’s steadfastness in executing these. In short, there is great wisdom in having knowledge of the laws of the Shariah. On the contrary, there is nothing but harm in ignorance.

 

Allah is the One from whom Help is sought, and on Him is my trust.

 

The essential narrations of Hadith (sayings of the Holy Prophet (pbuh)) and Fiqh (jurisprudence) pertaining to this subject will now be enumerated and thereafter the rules extracted from these narrations will be explained.

 

Ibn Umar (ra) narrates: “I had a wife whom I loved while Umar (his father) disliked her. He (being the father) ordered me: “Divorce her.” I refused. Umar (ra) then went to the Messenger of Allah (pbuh) and mentioned this (my refusal) to him. The Messenger of Allah (pbuh) then said to me: ‘Divorce her.’” He (Ibn Umar) then divorced her. (Tirmidhi, Mishkaat).

 

In Mirkaat (which is the commentary on Mishkaat) it is explained that this order given by the Messenger of Allah (pbuh) is an order, the execution of which is not compulsory although it is preferable. This type of order falls in the Mustahab (preferable and meritorious) category of laws. If the order was intended as an obligatory (Wujub) command, then there must have been some factors for this command.

 

Imam Ghazali (ra) says in Ihyaa-ul-Uloom that this Hadith indicates that the right of the father has priority over the right of the wife. But, for the prevalence of this priority it is essential that the father is not motivated by a corrupt motive. The rectitude of the motive of a man like Hazrat Umar (ra) is a self-evident fact.

 

In a Hadith narrated by Hazrat Mu’az (ra), the Messenger of Allah (pbuh) said: “Never disobey your parents even if they order you to dissociate yourselves from your wife, children and wealth.” (Mishkaat)

 

In Mirkaat it is explained that this Hadith merely emphasizes perfect obedience and the significance of obedience to parents. It does not have a literal meaning. In actual fact, it is not incumbent upon the son to divorce his wife even if his refusal to divorce her causes great displeasure to his parents. In divorcing her, he will be afflicted with great harm - [Like you know the throne of Allah trembles at the pronunciation of divorce]. It is indeed remote that parents will derive pleasure from the difficulty and misery of their son. Thus, he is not required to divorce his wife at their insistence.

 

The author of Mirkaat says that the indication in the Hadith to prove that the Messenger of Allah (pbuh) said this as emphasis is the statement: “Do not commit Shirk with Allah even if you are slaughtered or burnt”.

 

Undoubtedly, this statement is for the purpose of emphasis. The verse of the Quran: “except he who is compelled [to utter Kufr (words of disbelief)], for then there is no blame on him.” (Al-Nahl, 16: 107) clearly grants permission to proclaim a statement of disbelief under a compulsion, while his heart is ever solid in his faith (Iman). Hence, the above Hadith is for emphasis, to show the importance of the subject mentioned therein.

 

If the statement: “Do not commit Shirk even if you are killed or burnt” was for compulsion, it would have negated the permission announced by the Quran to utter words of disbelief (Kufr) under compulsion while of course, Iman (faith) is not rejected by the heart. This proves that the Hadith mentioned by Hazrat Mu’az (ra) serves the purpose of emphasizing obedience to parents.

 

Hazrat Ibn Abbas (ra) narrates that the Messenger of Allah (pbuh) said: “He who obeys Allah in regard to obedience to his parents, will have opened on him two doors of paradise if both parents exists, and one door if one parent exists. If he disobeys them, then two doors of hell will be opened on him if both (parents) exists and one door if one parent exists.”

 

In the same Hadith it is mentioned that a man said: “Even if they are unjust to him (to the son)?”

 

The Messenger of Allah (pbuh) replied: “Even if they are unjust; even if they are unjust; even if they are unjust.” (Baihaqi)

 

Commenting on this Hadith, the author of Mirkaat says that in regard to the discharge of the rights of parents, the son obeys Allah (twt). He fulfills the rights of the parents in the manner in which Allah has commanded. Fulfillment of the right of parents is not an act of Ibaadat (worship) entirely independent in nature. It is in fact, a duty rendered for the sake of Allah Who has ordered its observance with particular care and emphasis. Obedience to parents has therefore to be discharged on the basis of it being obedience to Allah. Thus, whatever they command, if it be in accordance with the Law of Allah, it will be accepted and done. If they command any violation of the law of Allah, it will not be accepted. In this regard the Hadith narration is: “There is no obedience for creation in any obedience which countenances disobedience to Allah.”

 

The meaning of ‘injustice of parents’ mentioned in the Hadith refers to Worldly matters and not to affairs of the Hereafter. Even if they are unjust and unkind in worldly matters, children should be kind to them; respect them and fulfill their rights. Their injustice does not permit children to fail in the execution of their lawful demands and rights. But, discharge of rights is not to be understood to mean obedience to even their unlawful orders and requests.

 

The Hadith mentioning ‘injustice of parents’ is similar in meaning to the Hadith which orders Zakat-payers to please the Zakat-collectors even if the latter are unjust to them. This is for emphasis and should not be taken literally [that the corrupt should be obeyed].

 

As this subject is really vast and subject to the right interpretations which should be given, as there is a distinctive barrier between the obligatory and the desired acts, Insha-Allah, next week I will bring before you more of such Hadiths which protect both the rights of the parents as well as the wife and children. The balance between the obligatory acts and the desired non-obligatory acts are to be well defined so that the Muslim believer may live his life in peace, and with the fear of Allah and fulfill his duties to all the people under his responsibility with courage, justice and steadfastness – only for the pleasure of Allah. Insha-Allah, Ameen. 


----Friday Sermon of 19 August 2022 ~20 Muharram 1444 AH delivered by Imam-Jamaat Ul Sahih Al Islam International Hazrat Khalifatullah Munir A. Azim (aba) of Mauritius.