Fruitful Living
Jumma Khutbah: ‘Rights and Responsibilities in Marriage under Islamic and Ghanaian Law’
Sheikh Ibn Baz, reflecting on this sermon, explained that the Prophet’s words are not only a reminder but a command to respect, honour, and support one’s spouse as an act of worship. Such values ensure that marriages in Islam are grounded in mutual love, responsibility, and care.
The Right of the Bride to Consent in Marriage (Sahih Al-Bukhari)
Consent in marriage is a fundamental right granted by Islam, making it clear that a marriage is only valid if the bride consents freely. Sahih Al- Bukhari documents that the Prophet Muhammad (PBUH) stated.
“A previously married woman has more right to herself than her guardian; and a virgin should also be asked for her consent, and her silence indicate her consent” (Bukhari, 5136).
If a marriage is conducted without the bride’s consent, Islam allows for annulment, as narrated by the Prophet (PBUH): “If a woman is married without her consent, her marriage is invalid” (Bukhari, 5138). This protection ensures that the decision to marry is made willingly, preventing any coercion.
According to Sheikh Al-Uthaymeen, this hadith underscores Islam’s commitment to personal choice and the respect of individual rights, which are vital for a harmonious marriage.
Actions That Can Lead to the Annulment of Marriage
In Islamic jurisprudence, specific actions result in an automatic annulment, prioritising the sanctity of marriage. Grounds for annulment include:
• Apostasy: If either spouse leaves Islam, the marital bond is annulled, as shared faith is central to the Islamic marriage contract.
• Abuse or Neglect of Marital Obligations: Islam permits annulment when one spouse persistently fails to meet their responsibilities, financially or emotionally, thereby violating the marital contract.
• Harmful Practices: Any form of harm or abuse inflicted within marriage is unacceptable in Islam, and such cases provide grounds for annulment to protect the injured spouse.
These grounds reflect Islam’s emphasis on mutual respect and fair treatment, ensuring that the marriage remains a source of comfort and security.
Domestic Violence in Islam and Legal Frameworks
What is Domestic Violence?
Domestic violence is defined as any form of abusive behaviour, including physical, emotional, psychological, and economic harm, exerted to control or harm an intimate partner or family member. It disrupts the peace and security that marriage and family are intended to provide, threatening the well-being of all involved, especially the vulnerable.
Islam’s Stance on Domestic Violence
Islam strongly condemns all forms of oppression, including violence within the family. Marriage in Islam is founded upon rahmah (mercy) and mawaddah (love), as highlighted in the Qur’an:
“And among His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy…” (Qur’an 30:21).
Violence contradicts these core principles of compassion and tranquility in marriage. The Qur’an specifically advises against causing harm, even when dealing with family matters. Allah (SWT) says:
“And live with them in kindness. For if you dislike them—perhaps you dislike a thing and Allah makes therein much good” (Qur’an 4:19).
This verse emphasises that Muslims should treat their spouses with respect and kindness, even in challenging times, and avoid harm.
The Prophet’s (PBUH) Teachings on Domestic Violence
The Prophet Muhammad (PBUH) strongly discouraged any form of violence towards family members. He said: “The best of you are those who are best to their wives, and I am the best among you to my family” (Sunan Ibn Majah, 1977). (To be continued).
By Imam Abdulai, the Author
Fruitful Living
Be mindful of false prophets
The Country Director of Changing Ways Bible College and Seminary in Accra, Bishop Dr Frederick Adjei, has advised Christians and Ghanaians to be mindful of activities of false prophets, who God would expose in His own time.
Bishop Dr Adjei said these false prophets have adopted strategies that played on the intelligence of their victims and made money, and sexually exploited women.
The Country Director gave the advice at a special graduation ceremony of two church leaders, who successfully completed a Doctorate degree programme in Bible Studies and Divinity from the Changing Ways Bible College and Seminary in Accra.
The ceremony was held at Asikuma in the Asuogyaman District of the Eastern region last Sunday.
The graduates were the Leader and Founder of Alleluia Mission International Church at Asikuma in the Asougyaman District of the Eastern region, Prophet Dr Mawuli Akorli and Prophet Dr Joshua Abass Osumanu, a Muslim who converted from Islamic religion to Christianity and established the Christ Way Gospel Church at Dzemeni in the South-Dayi District of the Volta Region.
Delivering a sermon at the graduation, Bishop Dr Adjei indicated that prophecies come from God through His prophets, “but the current situation where some self-acclaimed prophets speak as if the power of God is in their hands should be of concern to citizens, and should regard such prophets as occultists.”
According to him, people who mostly fell victim to these category of prophets were women who asked for their help to give them children, husbands and to become successful in their business activities, saying “these victims should rather study the word of God and seek help through prayers.”
He said the false prophets as part of their strategy, would frighten their victims, forcing them to believe in what they do and purchase the anointing water, oil, and other exploitation materials on sale by the church.
Bishop Dr Adjei noted that he knew respectable pastors who God could have used to inform Ghana about the deadly COVID- 19 disease that killed thousands of people across the world but God in His wisdom, did not use them because God did not speak through them.
Moreover, he stated that it was becoming worrying that anytime the country was about to organise national elections and change government, ‘election prophets’ would emerge and challenge one another as to which of the candidates would win.
The Country Director of Changing Ways Bible College and Seminary, stressed that God cannot contradict himself by prophesying differently to prophets about one election, adding that Christians, traditional, religious worshipers and Islamic religion all worship God, and the way these prophets threaten and curse, society needed to take solace in the word of God rather than to believe and follow them.
From Samuel Agbewode, Asikuma
Fruitful Living
Jumma Khutbah: ‘Rights and Responsibilities in Marriage under Islamic and Ghanaian Law’ (Final Part)
Another hadith highlights the Prophet’s disapproval of physical aggression within the family:
“Never hit your wives. They are your partners and sincere helpers” (Musnad Ahmad).
In these sayings, the Prophet (PBUH) reminds Muslims that kindness and gentleness are essential qualities in family relations, reinforcing that abuse has no place in an Islamic marriage.
Legal Protections: The Domestic Violence Act
In Ghana, the Domestic Violence Act, 2007 (Act 732) was enacted to prevent domestic violence, protect victims, and provide legal remedies. This Act defines domestic violence as any form of violence, whether physical, sexual, psychological, or economic, occurring within a domestic relationship.
Section 1 of the Act defines violence broadly, including not only physical assault but also acts that harm a person’s psychological wellbeing. Section 2 emphasizes the right to security in domestic relationships, reinforcing that any form of abuse or violence is unlawful and punishable under Ghanaian law.
Legal Framework in Ghana: The 1992 Constitution and Marriage Ordinances
In Ghana, the 1992 Constitution upholds the right to practice and manifest religious beliefs, including marriage in accordance with one’s faith. Article 26 protects Muslims who wish to marry, register, and dissolve marriages under Sharia law. This constitutional right enables Muslims to observe Islamic principles within their marriages, reflecting both religious and legal protection.
Furthermore, The Mohammedans Ordinance CAP 129 governs Islamic marriages, providing legal grounds for marriage, divorce, and remarriage according to Islamic principles, ensuring that Ghanaian Muslims enjoy rights aligned with both Sharia and national law.
Servants of Allah, take note that Islamic Sunni scholars unanimously emphasised the importance of respecting these protections, noting that compliance with both Islamic and national laws strengthen the legitimacy of marriage and protects Muslim families.
Other Ghanaian Legal Regimes on Marriage
Ghana’s marriage regulations are structured to support stable family environments, ensuring respect, mutual support, and individual rights. The Children’s Act (Act 560 of 1989) outlines parental responsibilities, including providing education, healthcare, and a nurturing environment for children.
Under this Act, parents are legally mandated to create a home where children receive proper care, reflecting Islamic teachings, which advocate for the moral and spiritual upbringing of the next generation. Ghanaian law thus aligns with Islam’s focus on family welfare, emphasising the role of marriage as a secure foundation for children.
The Broader Impact of Marriage in Islam and Society
Marriage in Islam is intended to foster piety, strengthen social bonds, and ensure the moral integrity of future generations. Allah (SWT) commands in the Qur’an:
“O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones…” (Qur’an 66:6).
By adhering to the principles of fairness, compassion, and respect within marriage, Muslims contribute to a strong and ethical society. Sheikh Al-Uthaymeen emphasized that a righteous household reflects in the broader community, promoting values of integrity, honesty, and mutual respect.
Conclusion
Servants of Allah, Islam promotes a household based on mutual respect, love, and kindness. Violence within the family stands in direct opposition to the teachings of Islam and is also prohibited by law. As Muslims, it is our duty to follow the principles of compassion as taught by the Prophet (PBUH) and to uphold the legal protections afforded by society to ensure a safe and harmonious family environment.
To conclude, through the guidance provided by the Qur’an, the teachings of the Prophet Muhammad (PBUH), and supportive frameworks like Ghana’s constitution and laws, marriage is recognized as a significant trust from Allah. The Prophet (PBUH) has reminded us of the accountability we hold before Allah, especially regarding how we treat our spouses.
May Allah (SWT) grant us wisdom and patience to fulfill our responsibilities within marriage and allow us to create homes filled with tranquility and righteousness.
References:
• Qur’an, Surah Al-Baqarah (2:228, 2:233)
• Qur’an, Surah At-Tahrim (66:6)
• Bukhari, Sahih Al-Bukhari, Vol. 7, Book of Nikah (Marriage), Hadiths 5136, 5138
• Prophet Muhammad’s Farewell Sermon
• Mohammedans Ordinance CAP 129, Ghana
• The Children’s Act, Act 560 (1989), Ghana
• Abdul Aziz Ibn Baz, Fatwas and Statements on Marriage
• Muhammad Ibn Salih al-Uthaymeen, Islamic Rulings on Family and Marriage
By Imam Alhaji Saeed Abdulai – 1BN Michel Camp, Tema
