The New Nation - Internet Edition

Tamizul Haque

Barrister-at-Law

I have seen a publication of a letter to the Editor by some gentleman with regard to the interpretation of Ayat 221 of Sura Baqara-2 of Holy Quran.. The said Ayat runs thus :

Do not marry

Unbelieving women (idolaters),

Until they believe :

A slave woman who believes

Is better than an unbelieving woman,

Even though she allure you,

Nor marry (your girls)

To unbelievers until

They believe :

A man slave who believes

Is better than an unbeliever,

Even though he allure you,

Unbelievers do (but)

Beckon you to the Fire,

But Allah beckons by His Grace

To the Garden (of Bliss)

And forgiveness,

And makes His Signs

Clear to mankind :

That they may

Celebrate His praise.

Abdullah Yousuf Ali in his Text "Translation and Commentary" speaks thus :- Marriage is a most intimate communion, and the mystery of sex finds its highest fulfillment when intimate spiritual harmony is combined with the physical link. If religion is at all a real influence in life to both parties or to either party, a difference in this vital matter must affect the lives of both more profoundly than differences of birth, race, language, or position in life. It is therefore only right that the parties to be married should have the same spiritual outlook. If two persons love each other, their outlook in the highest things of life must be the same. Note that religion is not here a mere label or a matter of custom or birth. The two persons may have been born in different religions, but if, by their mutual influence, they come to see the truth in the same way, they must openly accept the same rites and the same social brotherhood. Otherwise the position will become impossible individually and socially.

Muhammad Marmaduke Pickthall in his English Translation of The Glorious Koran has translated the said Ayat in English language thus :-

Wed not idolatresses till they believe; for lo! A believing bondwoman is better than an idolatress though she please you; and give not your daughters in marriage to idolaters till they believe, for lo! a believing slave is better than an idolater though he please you. These invite unto the Fire, and Allah inviteth unto the Garden, and unto forgiveness by His grace, and expoundeth His revelations to mankind that haply they may remember.

Whereas Moulana Sayyid Abul Ala Mawadudi in his English Version of Tafhim Al-Quran explains the said Ayat thus :

This is the reason for, and the wisdom underlying the injunction mentioned above prohibiting marriage links with polytheists. Marriage does not consist merely of sexual relations between a man and a woman. It is a relationship, which has deep social, moral and emotional implications. If established between a believer and polytheist, this kind of relationship has many possible outcomes. On the one hand, it is possible that because of the influence of the believing spouse, the other partner, the family and the future generations may become receptive to Islamic beliefs and to the Islamic way of life. On the other hand, it is also possible that the spouse who is a polytheist may influence the thinking and mode of living of the believing spouse, the family and the future generations. Moreover this relationship may promote in that family a hotch-potch of Islam, downright atheism, and polytheism which, however welcome to non-Muslims, is in no way acceptable to Islam. No true believer can run the risk that either the ideas and life-styles which are organically related to atheism and polytheism may flourish among the members of his family, or that some aspect of his own life may bear the impress of atheism or polytheism.

Again according to this writer, the said Ayat must be read in conjunction with Ayat 208 of Holy Quran which runs thus :-

O ye who believe !

Enter into Islam

Whole-heartedly ;

And follow not

The footsteps

Of the Evil One ;

For he is to you

An avowed enemy

Moulana Abu Ala Mawadudi explains this Ayat thus :-

Allah demands that man should submit, without reservation, the whole of his being to His will. Man's outlook, intellectual pursuits, behaviour, interaction with other people and modes of endeavour should all be completely subordinate to Islam. Allah does not accept the splitting up of human life into separate compartments, some governed by the teachings of Islam and others exempt.

The overview commentary of the said Sura also deals with the family, the nucleus and the foundation of Muslims society, to which Islam has extended notable attention and effort, regulating its essential aspects and ensuring its safety and protection against abuse and disintegration. Such attention is reflected in several Quranic suras and addresses all necessary elements to ensure the strong foundation of the family in Muslim society.

The Islamic social order is family-based by virtue of its being a Divinely-Ordained system for human society that takes full account of the essentials of human nature and its basic requirements.

Its ingredients originate with the very essence of life itself, as stated in the Holy Quran when it says "Of all things We have created a pair (male and female), so that you may give thought." (51:49) "Limitless in His glory is He who has created pairs of whatever the earth produces, of your own kind, and of that which they (people) have no knowledge." (36:36)

Human life began with one person, out of whom came a spouse, and then offspring from the pair of them, and so on. The result is this numerous multitude of human beings. The Holy Quran says : "Mankind, fear your Lord, who created you from a single soul, and from it created its mate, and from the two of them spread abroad so many men and women." (4:1) "Mankind! We have created you all out of a male and female, and have made you into nations and tribes, so that you might come to know one another." (49:13)

The Holy Quran also highlights the special inherent attraction between the male and female of the human species, which is vital for setting up and supporting the family units. Holy Quran in Ayat 21 of Sura 30 clearly declares thus :-

And among His Signs

Is this, that He created

For you mates from among

Yourselves, that ye may

`Dwell in tranquility with them,

And He has put love

And mercy between your (hearts):

Verily in that are Signs

For those who reflect.

Abdullah Yousuf Ali speaks thus :-

Unregenerate man is pugnacious in the male sex, but rest and tranquility are found in the normal relations of a father and mother dwelling together and bringing up a family. A man's chivalry to the opposite sex is natural and Allah-given. The friendship of two men between each other is quite different in quality and temper from the feeling which unspoilt nature expects as between men and women. There is a special kind of love and tenderness between them. And as woman is the weaker vessel, that tenderness may from a certain aspect be likened to mercy, the protecting kindness which the strong should give to the weak.

Sayyid Qutb in Volume-1 of his book entitled as "In the Shade of The Quaran observes thus :-

The family is the natural environment in which children can be raised and protected, and allowed to grow and develop, mentally and physically. Within the family, they receive love, kindness and care, and gain the values, ideals and behaviour patterns that will accompany them for the rest of their lives, and according to which they will know life, understand it and deal with it.

Humans have the longest childhood period of all species, extending to several years. It is the formative period during which children acquires all the essential skills that will enable them to chart their way through life and find a suitable role in society. It is made longer in order to ensure that adequate training, education and discipline are imparted to children to prepare them sufficiently for the future, specially in view of man's heavy responsibility in this world. Furthermore, children need to be cared for and brought up by their own parents in a happy and stable environment.

What is most amazing is that prevailing misconceptions lead people to consider the fact that women are today forced to seek works a symbol of progress and emancipation. It is in fact this system that is responsible for much of the deprivation and suffering witnessed in many countries. It sacrifices the psychological health of society's most precious resources, young children, for nothing other than an increase in the family's income or giving a young mother an income to live on. It is modern ignorance that refuses to look after young mothers to allow them to rear their children. This is indeed one of the most reprehensible failures of modern society.

Studies have shown that during the first two years of life, a child shows an instinctive need to have the exclusive care and attention of its parents, particularly its mother. After the stage, a child needs to be with its parents in a caring family atmosphere. Both of these needs are impossible to meet under any arrangement other than a stable family, without which children are bound to grow up with all kinds of mental and psychological deficiencies and ailments.

The social system of Islam as a religion of peace and harmony is based on the family, to which it accords proper and adequate attention. As we see in this surah, numerous Quaranic passages have been dedicated to emphasizing the importance of the family and to setting out the principles and foundations upon which it is based.

Allah has created woman to play the role of mother, which is so fundamental in the creation of healthy and happy family. The difference, which exists between men and women are of a more fundamental nature than is usually realized and that these differences are caused by the very structure of the tissues and by the impregnation of the entire organism with specific chemical substances secreted by the ovary.

Marriage is important because it establish relationship between the two sexes. Holy Quran in Ayat 21 of Sura 30 Roam (Roman Empire) speaks thus :-

And among His Signs

Is this, that He created

For you mates from among

Yourselves, that ye may

Dwell in tranquility with them,

And He has put love

And mercy between your (hearts)

Verily in that are Signs

For those who reflect

This ayat refers to the wonderful mystery of sex. Children arise out of the union of the sexes. And it is always the female sex that brings forth the offspring, whether female or male. And the father is as necessary as the mother for bringing for the children. Couple are expected to find tranquility in each other's company and be bound together not only by the sexual relationship but by "love, mercy and understanding". Such a description comprises mutual care, consideration and respect. All these could be found in the numerous ahadith particularly those narrated by Aisha Siddiqua (R), which gives a clear insight into the way the Holy Prophet treated his wives and in the way the wives treated him. Again the Holy Quran refers to the wives generally in another paragraph i.e. in paragraph 187 of Sura Bakara 2 and I am only referring some part of the said Sura which run thus :-

Permitted to you,

On the night of the fasts,

Is the approach to your wives,

They are your garments

And ye are their garments

Allah knoweth what ye

Used to do secretly among yourselves;

Men and women are each other's garments i.e. they are for mutual support, mutual comfort, and mutual protection, fitting into each other as a garment fits the body. A garment also is both for show and concealment. The question of sex is always delicate to handle: here we are told that even in such matters a clear, open, and honest course is better than fraud or self-deception. The sex instinct is classed with eating and drinking an animal thing to be restrained, but not to be ashamed of. The three things are prohibited during the fast by day, but permitted after the fast is broken at night till the next fast commences.

Therefore in examining the conduct expected of men and women towards each other, both inside and outside marriage, we have to bear in mind this aims and weigh their benefits to the individual and to society. We must also bear in mind that Islam has a coherent view of life, and with the various aspects of it should not be considered in any isolation from each other.

Holy Quran also in Ayat 34 in part of Sura Nesa 4 clearly declares thus :-

Men are the protectors

And maintainers of women,

Because Allah has given

The one more (strength)

Than the other, and because

They support them

From their means,

Therefore the righteous women

Are devoutly obedient, and guard

In (the husband's) absence

What Allah would have them guard.

Abdullah Yousuf Ali explains the said portion of the Ayat as follows :-

When the emigration took place from Macca to Medina, bonds and links of brotherhood were established between the Emigrants and the Helpers, and they shared in each other's inheritance. Later, when the Community was solidly established, and relations with those left behind in Mecca were resumed the rights of blood-relations in Macca, and the Helper-brethren in Medina were both safe-guarded. This is the particular meaning. The more general meaning is similar: respect your ties of blood, of neighbourhood, and of friendly compacts and understandings. Be just to all.

One who stands firm in another's business, protects his interests, and looks after his affairs; or it may be, standing firm in his own business, managing affairs with a steady purpose.

Normally we may find in a family that when a girl reaches the age of marriage it is customary for the Muslim parents to play a major role in the choice of the husband, but the girl must be consulted before settling her marriage. It is reported that when a girl came to the Holy Prophet complaining that she had been married without being consulted by her parents, the Holy Prophet directed that she was free to have the marriage dissolved if she wished.

Now-a-days educated Muslim girls are having a greater say in the choice of husband, but it is still considered that the parent opinion of the boy is of great importance and therefore it is rear for a boy or girl to marry against their parents' wishes. It is a part of the Muslim tradition for either to be married with the consent of their parents or guardians.

A widow or divorcee however may marry who-ever she wishes, presumably because she is considered of having enough maturity and experience to decide for herself.

When a girl or woman is married it is an essential part of the marriage for the bridegroom to give a "Mahar" (dowry) which may be of any amount agreed upon. The Muslim dowry is a gift from the bridegroom to the bride and it becomes her exclusive property. It remains her property even if she is later divorced unless the divorce is sought by wife herself when she may be required to pay back all or part of the dowry.

About treatment expected from the husband whether or not he is not in good terms with his wife. Holy Quran clearly laid down rules on the subject in Ayat 19 of Sura 4 (Nisaa) which run thus :-

O ye who believe!

Ye are forbidden to inherit

Women against their will,

Nor should ye treat them

With harshness, that ye may

Take away part of the dower

Ye have given them, - except

Where they have been guilty

Of open lewdness;

Among many nations, including Arabs in the Days of Ignorance, a step-son or brother took possession of a dead man's widow or widows along with his goods and chattels. This shameful custom is strictly forbidden in Islam.

Another trick, to detract from the freedom of married women was to treat them badly and force them to sue for a khul'a divorce or its equivalent in pre-Islamic custom, when the dower could be claimed back. This is also forbidden, or the harshness may be exercised in another way; a divorced woman may be prevented by those who have control of her, from, re-marrying unless she remits he dower. All kinds of harshness are forbidden.

The next half of the said ayat that is ayat 19 specks thus :-

On the contrary live with them

On a footing of kindness and equity.

If ye take a dislike to them

It may be that ye dislike

A things, and Allah brings about

Through it a great deal of good.

The treatment expected from the husband, whether or not he is on good terms with his wife, is clearly laid down in the second half of ayat 19 of Sura 4 (Nisaa) of Holy Quran as mentioned above.

Whatever may be the habit of men the world over of blaming women for actions which they condone in themselves, according to the Holy Quran and the teachings of the Holy Prophet, Allah requires the same high standard of moral conduct from men as it does from women, and has imposed the same legal penalties on men and women for infringement of the moral laws.

I would like to give a practical example of my own predicament with which I had to suffer. I feel it necessary to tell to my readers what exactly has happened between me and my former wife who was an English woman.

When I was prosecuting my study for the Bar and had registered my membership with the Hon'ble Society of Lincoln's Inn, and the Council of Legal Education London, I met in 1969 Suzette Mary Swechovsky. She was then a Roman Catholic Christian. Her father was a national of Poland and her mother was an English woman.

In 1970 she was converted to Islam. After her conversation the Nikha (Marriage) was solemnized on 20th November 1970 at 85/A, New Eskaton, Dhaka, then in erstwhile East Pakistan and was registered with the Registrar of Marriages. I with my wife went back to London to complete my Bar Final. After I was called to the Bar on 23rd November 1971 both husband and wife returned to Dhaka, Bangladesh on 8th of January 1972 to live on a permanent basis. Our first daughter Marium was born on 22nd May 1973 in England. Three more children viz. Fathyma, Adam and Sofia were born on 21st October 1974, 29th December 1976 and 31st May 1985 respectively. By the grace of Almighty Allah all my daughters were educated in England while my son first went to a school at Canterbury and later to Egypt and Madina.

It has always been of fundamental importance to me that my children should receive Islamic education and to be brought up as practicing Muslims. It has always been enormously difficult to provide for an effective Islamic education whilst my children are at school/college in the United Kingdom. With the elder children it was a difficult situation, which I had to face due to uncertainties of education in Bangladesh at that time. Marium and Fathyma went to American International School at Baridhara, Dhaka, which was then the only International school, which used to teach the students upto the age of 13, beyond that age at that time further education in the English medium was not available in Dhaka. So we had to send them to England. The situation was exactly the same with my son Adam, who also went to the American International School at Baridhara, Dhaka.

On 6th April 1994 my wife suddenly ran away with her paramour Mr. Michael Booth, who was an employee in our Soap factory at Tongi,Dhaka. Later on I came to know that both of them have taken shelter with our common friends Dr. and Mrs. Gowers who also lived in Gulshan. Dr. Gowers was working in the World Health Organization while his wife was a nurse at Elizabeth House, British High Commission Medical Centre situated at Baridhara, Dhaka.

On the 7th April 1994 my wife accompanied by her paramour Mr. Michael Booth called at the British High Commission and spoke to the Counsellor Attache Mr. Connelly introducing herself merely as "the wife of a leading industrialist". Among other things, my wife stated that her husband had threatened physical violence against herself and her children, and that, in consequence she feared for her own and her children's safety. Because of this she was proposing to leave for the U.K. the following day. My wife had requested Mr. Connelly's assistance in arranging for her children, particularly her youngest child, Sofia, to join her in the United Kingdom as soon as possible following my children's return from Cox's Bazar, where they were on holiday in the company of Mrs. Gowers etc. The British High Commission simply responded to my wife's request to assist her in making arrangement for her journey to London. Subsequently in the evening of 7th April the Counsellor Mr. Connelly was telephoned at his home by Mr. Booth also a British national, who alleged to have reported that he had received a warning from my son Adam that his life was under threat. And acting on this the British High Commission took protective action and dispatched a Patrol of Gurkha Guards to the house of Mrs. Cowers in Gulshan where both my wife and her paramour were staying.

On 8th April 1994 she left with Mr. Booth for London leaving all my children including our little daughter Sofia, who was then 9 years old. Incidentally it is curious to note that the British High Commission did not bother to know who this leading industrialist was and went ahead in sending both my wife and Mr. Michael Booth to London without any information to me. They both had left on 8th April 1994. Subsequently I approached the British High Commission, Baridhara, Dhaka to know the actual state of affairs. However, no legal action was taken by me at that point of time.

In the month of May 1994 I went for my medical check-up to London when I was served with a notice of divorce by the solicitor of my wife.

The petition for divorce was lodged by her on 16th of May 1994 when I was physically present in London and a summon was served there upon me by the solicitor of my wife among others on the following grounds :-

1. The said marriage has broken down irretrievably.

2. The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.

3. a) The Respondent is frequently verbally abusive.

b) The Respondent around Christmas 1993 hit two of the children Marriam Gulshan Haque and Fathyma Nasrin Haque.

c) The Respondent is extremely jealous and spies on the Petitioner causing the Petitioner great distress.

d) If the children misbehave the Respondent blames the Petitioner and further abuses her.

e) The Respondent has refused to have sexual intercourse with the Petitioner since late 1984.

A question was raised on behalf of me contesting the jurisdiction of the Court of London because the marriage was solemnized at Dhaka on 20th November 1970 under the Muslim Marriages Act. Meanwhile an application was made by me before the High Court at London for a Residence Order in respect of my youngest daughter Sofia Naila Haque. The application of Residence Order in respect of Sofia was vehemently contested by my wife. She made various other accusations against me. My main ground was that since she has left the husband and run off with another man, she has no moral right to have the custody of my daughter Sofia. Apart from that she being an adulterous woman and living with a stranger was indeed a shameful criminal act. More so by then she had become a Murtadd (by renouncing the religion of Islam) and since by then she had re-converted herself into Christianity, She was not entitled to have any access to his youngest daughter Sofia. Anyway, these were some of the main grounds, which were agitated before the High Court of Justice Family Division, London and the hearing took place before Mr. Justice Douglas Brown of Royal Courts of Justice Family Division, London.

On 21st December 1994, his Lordship in his lengthy judgment consisting of 29 pages delivered the judgment.

I am only reproducing those parts of the Judgment, which is concerning the Residence Order of Sofia Naila Haque.

Mr. Justice Douglas Brown: I have before me an application by a father for a residence order in respect of his nine and a half year old daughter. The circumstances are unusual.

The father is Tamizul Haque. The Child is Sofia Naila Haque, born on 31st May 1985, who is nine and a half. The mother, born Suzette Mary Swechovsky in Poland but moving to this country within a year or so of birth, adopted the name Yasmin on her marriage to the father in 1970. She has recently reserved to calling herself Suzette. There are three other children of the family; Marium who is 21, Fathyma who is 20 and Adam who is 17. Apart from comparatively short period living in London and a four years period in Calcutta, the family home was in Bangladesh until earlier this year. The father is now 67 and the mother 45. the father has for many yeas been a successful businessman in Bangladesh, and in 1971 at the age of 44, he was called to the English Bar and practices in the Bangladesh Supreme Court. He is a man of very substantial wealth.

In July 1993 he employed in one of his companies a man called Michael Booth. Mr. Booth lives in a suite of rooms in the father's large and palatial house in Gulshan, Dhaka, Bangladesh. at the beginning of this year the mother and Mr. Booth began a sexual relationship. The mother left the father in April of this year and went with Mr. Booth to London, where they stayed in one of the father's house. Since then they have lived together as man and wife and are currently living in Zanzibar, where Mr. Booth is employed as a chemical engineer. They also spent some time, when they came to this country, across in France, where the mother has a house.

On 16th May of this year the mother issued a petition for divorce in the Principal Registry, relying on behavious under section 1 (2) (b) of the Matrimonial Causes Act 1973. The husband, by his answer dated 17th June, denies that the mother is domiciled in England and Wales and claims that he is not domiciled in England and Wales. He denied habitual residence and does not admit irretrievable breakdown, and denies the behaviour alleged. Those proceedings have made no progress as the parties have been concentrating on applications in respect of Sofia. If and when she is ultimately divorced, it is the mother's intention to marry Mr. Booth.

On 1st June the father made his application for a residence order and at the same time applied for leave under section 13 of the Children Act 1989 to remove Sofia permanently from the jurisdiction.

Sofia presently attends a girls' preparatory school in Kent and has done for the last 14 months or so. I shall have to mention the educational aspects of this matter in a little more detail, but essentially the father's proposal is that Sofia lives with him in Gulshan and attends the American school in Dhaka until she is 18, when she would be free if she wished and if she was educationally qualified to follow a university course in England. The mother, but not Mr. Booth, would have unlimited contact in Bangladesh with the mother's travel paid for by the father if necessary. Mr. Booth would in any event find it difficult to return to Bangladesh as there is a warrant out for his arrest on a charge for embezzlement from the father's company. In addition, adultery is a criminal offence for a man in Bangladesh and he would be liable, if convicted, to a sentence of up to five years imprisonment.

The mother, if she went there, could take Sofia away anywhere in the world except where she was living with Mr. Booth whose presence in any place where Sofia was living the father would find abhorrent and intolerable.

Finally if the court ordered that Sofia had to remain in Europe to be educated, then the father asks for a move from her present school where there is either no, or minimal instruction in the Muslim faith. In an alternative plan lodged in an affidavit this morning on the adjourned hearing of this application his proposal is that during the school term he would live in his flat in London with Sofia and she would attend an Islamic school, particulars of which were exhibited to the affidavit.

The mother's proposal is in summary that Sofia should remain at her present school, that she should sit the Common Entrance Examination at 13 and attend a school of the quality of Roedean, Benenden or Cheltenham Ladies College school holidays would be shared between herself and the father and this would be the regime during Sofia's minority. The sharing would be on the basis of alternative Christmas and Easter holidays being spent with one or the other and the long summer holiday being equally shared.

Before coming to Sofia I must summarize the position of the father and mother. The family home in Dhaka from 1985 has been House number 8, Road 111, Gulshan, Dhaka. This is a very large house with two swimming pools, a garage for a number of cars and it is run by some 16 servants. When she is there Sofia has not only her own bedroom within suite bathroom but her own car and chauffeur. The house is in an area of Dhaka popular with the diplomatic and international community and seems from some of the numerous photographs exhibited to the father's affidavit to be fortified and guarded. The photographs show that it is a most luxurious home. Apart from Sofia's ayah, who has known her since birth, the father proposes to bring into his house his married sister, who is aged 49, whose husband is a surgeon who is frequently away. Her home, when she is there is in Calcutta. Mrs. Russell, the court welfare officer, who has met her, described her as a charming lady with a warm and gentle disposition and she would have no worries at all if this aunt was playing a part in Sofia's upbringing.

The father's proposal. Therefore, for Sofia is to have a permanent home in Dhaka in the most comfortable surroundings, with excellent schooling available, where she has many friends from the International and Bangladeshi community.

The mother's proposal does not involve Sofia living with her, but continuing to board at school in England and spending time with her during the holidays. Mr. Booth has a contract which will keep him in Zanzibar until mid 1995, and it is probable that it will be extended and he could well be there for the next five years. The mother and Mr. Booth have a substantial house in Zanzibar with servants, although not on the same scale as the father.

The mother is supported financially by Mr. Booth and in her petition seeks ancillary relief. The mother was before her marriage a practicing a Roman Catholic. She become a Muslim on marriage and says that she lapsed practice of that faith after a few years of marriage. Now she has left the father, she has taken to the Baptist faith.

It is not necessary to mention the entire judgment but I am only pointing out those in summary, the contentions of both the mother and father. The Learned Judge opined this is obviously, not an easy matter. There is no doubt that this father loves Sofia deeply. She represents his last chance to bring up a daughter not only following the Muslim faith but following the Muslim way of life. It is impossible not to feel a great deal of sympathy for a father who regards himself as wronged and betrayed by an adulterous wife and a dishonest employee who not only took his wife but also his money as well. He is, without doubt, as he told the court welfare officer, a lonely man and the arrival of Sofia on a permanent basis in his home, living with him, would be a great solace to him.

The purpose of education in the western world in any event must correctly be stated. The Oxford Conference on Church Community and State in 1937 we find the following passage :-

"Education is the process by which the community seeks to open its life to all the individuals within it and enable them to take their part in it. It attempts to pass on to them its culture, including the standards by which it would have them live. Where that culture is regarded as final, the attempt is made to impose it on younger minds. Where it is viewed as a stage in development, younger minds are trained both to receive it and to criticize and improve upon it.

This culture is composed of various elements. It runs from rudimentary skill and knowledge up to the interpretation of the universe and of man by which the community lives.

T.S. Eliot in his Book entitled as "Towards The Definition of Culture" at Page 96 specks thus :-

From the above it will be seen that the purpose of education is to transmit culture, so the culture (which has not been defined) is likely to be limited to Christianity only what can be transmitted by education. We must observe that the assumption that culture can be summed up as skills and interpretations controverts.

In his appendix T.S. Eliot further wants to suggest "the common tradition of Christianity which has made Europe what it is, and about the common cultural elements which this common Christianity has brought with it.

He further argues "if Asia were converted to Christianity tomorrow, it would not thereby become a part of Europe. It is in Christianity that our arts have developed; it is in Christianity that the laws of Europe have - until recently - been rooted. It is against a background of Christianity that all our thought has significance. An individual European may not believe that the Christian Faith is true, and yet what he says, and makes and does, will all spring out of his heritage of Christian culture and depend upon that culture for its meaning".

There is a general belief that there is no harm in getting married with the people of the Books meaning Christians and/or the Jews. But this conception could be very much misleading, in that the modern Christians and Jews have both relinquished the religion of Islam as was propound by Ibrahim Alaihis Salam (R.A).

At various places the Holy Quran enumerates the severe tests through which Ibrahim Alaihis Salam (R.A) had to pass. It was only after these had been completed successfully that he was able to establish his worthiness to serve as the religious guide and leader of all mankind. From the moment when the truth was revealed to him till the moment he died, his life was a continuous tale of sacrifice and suffering for his cause. There is no conceivable object of man's love and attachment in the world, which Ibrahim Alaihis Salam (R.A) did not sacrifice for the sake of the truth. Likewise, there is no conceivable danger which instinctively frightens man which Ibrahim Alaihis Salam (R.A) did not encounter for the sake of the Truth.

This specifies that Allah's promise of the conferment of leadership applied only to those of Ibrahim Alaihias Salam (R.A.) offering who were righteous, and that the wrong-doers were naturally excluded. This also makes it clear that, just as the promise did not apply to the misguided Isrealites, it did not apply to the polytheistic Ishmaelites.

Therefore it is necessary that if somebody likes to practice the Faith he or she must practice it whole-heartedly. Allah Subhanahu Tahla demands that men or women should submit, without reservation fully and wholly to Allah's Will.

One may say that a happy and healthy family life cannot be guaranteed by law. It is true that it depends so much upon the good-will of all concerned that the best laws remain written phrases where this good-will is missing. In the Way of Life, the ruling factor is the fact that Islam is not a religion in the Western sense of the term, but truly the islamic way of life the ruling factor is the fact that Islam is not a religion in the Western sense of the term but the way of life for those adhering to it. Islam means on the one hand the complete submission to the Will of Allah. And on the other, it is the conscious acceptance of man's vicegerency on earth as ordained by Allah.

Submission to the Will of Allah, if applied to family life, means accepting the desires inherent in man's nature and living up to them; the desire for a companion with whom one can share love, mutual confidence, kindness, self-sacrifice and solace; the desire for children, the desire for parents, brothers, sisters, uncles, aunts and all other relatives whom one can trust and who may either grant protection or be granted protection; the desire for a peaceful and fostering home; the desire for a good education; the desire for help in the hour of need; and the desire for doing good or receiving good, just as the events may demand.

The conscious acceptance of man's vicegerency on earth, means seeking the best possible means for a successful vicegerency. And here again family life provides the most promising basis for our activities. A good and healthy family life grants us the right approach to life, helps us to see matters in the right perspective, gives us the most useful education not only as far as our future profession is concerned but also for the handling of life itself. When we are grown up, it gives us a safe home that enables us to take part in society life to its greatest benefit, and when we become old, it grants us our livelihood just as we used to grant it when we were still able to do so.

Yet, incredible though it may sound us in the Muslim World these responsibilities are still shouldered by the majority of families. This is due to the Islamic injunctions which have not at all become obsolete in the course of modern techno-industrial developments but are taken quite seriously by Muslims up to this very day. And why is this so ? I think it is so because Muslims honestly believe in their accountability for their conduct here on earth on the Day of Resurrection, because they are fully aware of their role as Allah's vicegerents and because they feel contentment in fulfilling their religious duties, thus achieving Allah's good pleasure which is the main aim of their very existence.

Non-Muslims may wonder how a religion can still exercise such a powerful influence over people in modern times that at least in this sphere Western examples are rather shunned instead of being imitated contrary to the usual trend in most other fields.

I conclude my treatise by mentioning that the teachings of the Shariah in respect of men and women have the aim of creating healthy and happy families because Islam considers the institution of the family to be integral to society. For the proper functioning and stability of Muslim families, the Shariah has laid down a code of ethics for the family which is built upon (a) marital piety (b) parental piety and (c) filial piety. In other words, the Shariah places an uncompromising emphasis on (a) chastity of the husband and the wife (b) comprehensive parental benevolence and (c) unflinching good-will, devotion and respect on the part of children for their parents and elders. Islam's emphasis on chastity is absolute, because without that no healthy family life is conceivable. This is the reason why special rules of modesty have been laid down by the Shariah for women, including the prohibition against promiscuous intermingling of the sexes, and conditional permission for polygamy. In fact, the spiritual and moral survival of a community is possible only when its womenfolk remain conscientious guardians of its spiritual and moral values.

Now coming back to the Quaranic Verse 221 of Sura Baqara 2, the readers of this treatise must appreciate that marriage is the deepest and most enduring bond that can exist between two human beings. It calls for the widest possible range of mutual and intimate responses and, therefore requires the most firm emotional commitment that can be made. For this to be achieved, a clear common objective must exist between the two parties, and what is better than religious faith to provide such affinity and unity of purpose. This profound influence of religion on human thought has often been ignored or overlooked and some societies have made the mistake of trying to replace religious faith with one social philosophy or another.

During the early days of Islam in Makkah, although the Muslims had succeeded in detaching themselves spiritually and ideologically from the rest of society, it was not possible for them to totally disengage themselves socially. This transformation required time and a measured pace of change. In Madina, however, where Muslims were to acquire an independent social as well as religious identity, the new social order rapidly began to take shape, with these Quranic verses prohibiting any new marriage of Muslim and idol worshippers. Existing marriages remained valid, however, until the sixth year of the Islamic calendar when verses 9 and 10 of Surah 60 were revealed, annulling such marriages once and for all.

For better understanding of my readers I am reproducing verses No.9 and part of

No.10 of sura 60 of the Holy Quran which run thus :-

Ayat 9

Allah only forbids you,

With regard to those who

Fight you for (your) Faith

And drive you out

Of your homes, and support

(Others) in driving you out

From turning to them

(For friendship and protection).

It is such as turn to them

(In these circumstances),

That do wrong.

Ayat 10

O ye who believe !

When there come to you

Believing women refugees,

Examine (and test) them

Allah knows best as to

Their Faith : if ye ascertain

That they are Believers,

Then send them not back

To the Unbelievers,

They are not lawful (wives)

For the Unbelievers, nor are

The (Unbelievers) lawful (husbands)

For them

From then on, marriages involving Muslims and pagans were prohibited, as such unions were considered devoid of spiritual meaning and non-deserving of Allah's blessings or consecration, since the parties involves did not share the same beliefs and outlook on life. Having honoured mankind, Allah does not want marriage to be based on mere physical attraction. It is a bond that is closely related to the Divine system for human life.

Hence, we have a clear, definitive injunction: "Do not marry women who associate partners with Allah unless they embrace the true faith." (Verse 221) Were the unbelieving woman to embrace the faith, the barrier would be removed and the hearts of the two people concerned would fall into harmony and could be united in marriage as they are united in belief.

"Any believing bondwoman is certainly better than an idolatress, even though the latter may well please you." (Verse 221) Such attraction would normally be physical, rather than spiritual, and therefore superficial. It is the attraction of the soul that really matters, even if the Muslim girl is a slave, because it would be infinitely more enduring and profound.

"And do not give your women in marriage to men who associate partners with Allah unless they embrace the true faith. Any believing bondman is certainly better than an idolater, even though the latter may well please you." (Verse 221) The same rule applies to Muslim women who wish to marry unbelieving men, and for the same underlying reason: "These invite to the fire; whereas Allah invites to paradise and to the achievement of forgiveness by His leave. He makes plain His revelations to mankind so that they may bear them in mind." (Verse 221)

Believers and unbelievers move along two different paths: how can they meet together in a unit that is the foundation of life? The unbelievers take the route that leads to the fire, while those who believe in Allah take the way leading to His forgiveness and to heaven. The gap between the two is an ever-widening one.

The question arises here: do these people really call to the fire? Would anyone knowingly take himself or others towards the fire? What is highlighted here is the outcome, shown to be the advocated objective. Hence, Allah warns against such advocacy that leads to perdition and makes plain His revelations so that people may bear them in mind. Whoever fails to take heed can blame none other than himself.

It is noteworthy that Muslim men are not prohibited from marrying Christian or Jewish women, despite certain important differences in religious belief and practice. This is because Muslims, Christians and Jews share a fundamental belief in Allah's Oneness.

As for marrying Christian women who believe in the doctrine of the Trinity, or in Jesus as the Lord, and Jewish women who believe Ezra was the son of Allah, Muslim jurists take various views. The question is whether such women should be considered idolaters, and therefore outlawed from marriage with Muslims, or whether they are covered by the general Quranic ruling which says: "Today, all the good things of life have been made lawful to you. The food of those who were given revelations is lawful to you, and your food is lawful to them. And the virtuous women from among the believers and the virtuous women from among those who were given revelations before you (are also lawful to you) when you give them their dower." ((5:5) The majority of jurists are of the opinion that they are lawful for Muslims to marry, but I am more inclined to support the view that they are not. Al-Bukhari quotes 'Abdullah ibn Umar, a scholar Companion of the Holy Prophet Muhammad (S.M), as saying: "To my mind, there could be no greater polytheism for a woman than to believe that Jusus is the Lord."

Muslim women, however, are forbidden from marrying Jewish or Christian men. The two cases are different, meriting different verdicts. Under Islamic law, children are called by their father's names. It is the practice in all societies that, after marriage, a woman joins the household of her husband. If a Muslim man married a Christian or Jewish woman, she would move to the town or country where he lived, and join the rest of his family, and their children would take the father's name and grow up in his religious and cultural environment. The situation would be reversed in the case of a Muslim woman marrying a Jewish or Christian man, where the children would be raised in a non-Muslim culture and most likely grow up to be non-Muslim.

There are however, other practical considerations that would discourage the marriage of a Muslim man to a Christian or Jewish woman, which is otherwise permissible. Some of these were pointed out by the second Caliph, Hazrat Umar ibn al-Khattab.

In his commentary on the Holy Quran Ibn Kathir quotes Ibn Jarir al-Tabari as saying that despite unanimity over the marriage of Muslim men to Jewish or Christian women, Hazrat Umar ibn al-Khattab was not in favour of it, lest Muslim men should turn away from marrying Muslim women.

He also reports that when Hudhayfah married a Jewish, Hazrat Umar wrote ordering him to divorce her. Hudhayfah wrote back, asking: "Is it because you claim that she is forbidden for me to marry that I should divorce her?" Hazrat Umar replied : "No, I do not, but I fear that people may turn away from marrying Muslim women".

More recent experiences provide further evidence that such marriages undermine the faith and Muslim identity of the new generations of Islam, especially in view of the fact that our societies today are only nominally Muslim.

All the above propositions have been noted from the explanation given by Sayyid Qutb in his Book entitled "In the Shade of the Quran" and this writer quite agree with his finding in to-to.

Again as pointed out above verve No.221 according to this writer should be read in conjunction with verse 208 of sura Baqara-2,.as Allah demands that man should submit, without reservation, the whole of his being to Allah's will.

The legal aspect with regard to the marriage with an idolatress or fire-worshipper according to Mulla's Principles of Mohamadan Law Seventeenth Edition as practiced in India, the learned author mentions thus Difference of religion - (1) A Mahomedan male may contract a valid marriage not only with a Mahomedan woman, but also with a Kitabia, that is a Jewess or a Christian, but not with an idolatress or a fire-worshipper. A marriage, however, with an idolatress or a fire-worshipper, is not void, but merely irregular.

(2) A Mahomedan woman cannot contract a valid marriage except with a Mahomedan. She cannot contract a valid marriage even with a Kitabi, that is, a Christian or a Jew. A marriage, however, with a non-Muslim, whether he is a Kitabi, that is, a Christian or a Jew, or a non-Kitabi, that is, an idolator or a fire-worshipper, is irregular, not void.

My question is that whether any law enacted by the Parliament or by Ordinance cannot change the Hukum of Allah as are enshrineal in The Holy Quran? Answer of this question is that a Parliament however Sovereign it may consider to be, can never change the spirit of The Holy Quran. To Muslims the Holy Quran is the revelation of Allah, is the fountain-head of Islamic Jurisprudence. The revelation was spread over a period of 21 years from 611 A.D. to 632 A.D. when the Holy Prophet died.

The most redeeming feature of the Holy Quran is that the revealed verses were reduced to writing during the lifetime of The Holy Prophet. There is and there can, therefore, be no doubt or dispute about their authenticity. The Holy Book deals with every aspects of human life, social and cultural, spiritual and secular, religious and temporal, legal and moral.