Strengthening faith and morals, a sure way to enforce rights
It is clear that his work is to break and quarrel, and in each cut, the injury will occur. In order to heal these injuries, Islamic law combines ethics with rights. There is also a way to circumvent law and concealment in the exercise of legal duties; Islam is committed to consolidating faith and strengthening it.
In the Qur’an, as a rule, when laws and ordinances are established, before or afterwards, to ideological matters, such as divine, resurrection, divine calculation, punishment and rewards of the past, on the one hand, and invitation to morality, such as pardon and page And observance of fairness, piety and goodness on the other hand, because the laws are as firm and firm as possible, so that the perpetrators do not believe in the origin and restitution, or do not rule morality in their own being, that law is usually subject to overthrow Is.
Also, if rights and laws are separated from traits such as amnesty, paternity, paternity, and sacrifice, there will be problems in the implementation. Everyone’s attention to law enforcement, the spirit of love, companionship, tranquility and vitality come from the community. The legal characteristic of the Qur’an is that, along with the determination of punishment and the acquisition of the right, it recommends love, passing and neglect, in order to rule the two sides of the conflict, and consequently the families and society, the mental peace.
Allameh Tabatabai writes in the interpretation of verses 228 to 242 of Surah al-Baqarah regarding the verses that combine jurisprudential rulings with ethics or beliefs: “It is understood from these verses that it is not necessary to separate the jurisprudential rulings and ethical principles, and only in practice It is abstract of jurisprudential jurisprudence and is limited to appearances … because this leads to the revocation of the law and the destiny of the religion and the happiness of human life because, as has been said repeatedly, Islam is the religion of action, not the religion of the word, the ritual of effort It is not the presumption (the laying on of rules, regardless of its materials and wisdom) and Muslims, if they reached this degree of degeneracy,
The Holy Qur’an has, in many cases, linked rights with beliefs and emphasizes it in various ways, including in the rights of the family. As an example, in some parts of the verses, when it deals with some of the duties of divorced women in the days of the people and that they should not conceal their daily habit or concealment, he says: “I will be the believer of the late Wali’am; if God and the Day of Judgment They must believe that they should refrain from concealment. “
Also, in order to deal with men who divorced their women but prevent their marriage after the end of the group, he says: “Do not let me go to the end of my life; I am the believer of Allah, the only ones of you who believe in God and on the Day of Judgment They are taking pride in it. “
In the expression of the law of divorce and the quality of the redeeming of the Mahreh, there is also an invitation to pardon, saying: “And I will give you the pretext that your prayers will be fulfilled, and we will assure you that your prayers will be fulfilled in our hearts, and that you will be guilty of the wrongdoing.” Let us divorce you, and if you divorce women before you get married with them, while giving them a decree, you have to give them half what you have appointed, unless If they pass, they will forgive it (if they are small and white, but they will forgive it), and forgiving you (and forgive all their dowries) is closer to righteousness and passed away and Do not forget the goodness among you that God sees you what you are doing “
The above ruling is about women who are divorced before the marriage; in this case, his seal is half the designated marriage; here, if the man has not yet addressed the woman to the woman, the woman can forgive the half of the punishment he asks for. And if he is a minor or a minor, but he does not take it, but if he has fully addressed the seal, and now the woman must return half of it, here it is good that the man gives that half, something of a seal Do not take back
The Holy Qur’an, while expressing this decree, considers the amnesty and passing of the rest of the seal closer to piety, and also recommends grace and forgiveness, and in the end, the parties to the dispute pay attention to the knowledge of God, thus giving grace and forgiveness Encourage behavior.
According to some commentators, the tone of the verse, based on the “famous” and “ehsan” principle in these matters, emphasizes that even divorce and separation are not combined with the struggle and incitement of the spirit of revenge, but based on Honor and mercy and forgiveness and forgiveness, because if a man and a woman can not live together and separate for some reason, there is no reason for them to be hostile and hostile.
However, the rights raised, including the rights of the family in the Qur’an, can not be considered without belief and ethics; in the Islamic society, the exercise of rights without deepening beliefs and the promotion of morality and the emphasis on adolescent traits, amnesty and neglect, truth and friendship, Mercy and mercy, chastity and self-esteem, and passage and sacrifice, will have an unpleasant outcome and will make it difficult for the law to be properly implemented.
Also, educational measures, such as awareness, well-known amphibians and denial of neglect, preaching and neglect, strengthening the internal enforcement, providing a proper solution to meet legitimate needs, etc., are other features of Islamic law that are also applicable in family law.