Man by nature likes to live in a community. The
reason that the Almighty has bestowed him with this nature is that He does not
create human beings in the prime of their youth. Similarly, human beings do not
generally die in their youth without passing through old age. On the contrary, a
human being is created as a feeble child in the womb of the mother who enters
this world to be welcomed by her loving affection. He then grows being nurtured
and nourished by others. At first, he drags himself and then crawls along his
knees before he is able to stand on his feet. Even after this state, he needs
the help of others at every step. Finally, after going through various phases of
childhood and adolescence, he enters the prime of his youth at the age of
fifteen or sixteen. This blooming period of his life also does not last more
than twenty to thirty years. Then comes old age and in spite of attaining great
heights in intellect in his prime, he once again has to turn to others to
fulfill his needs like a frail child.
This life cycle of man entails that he live in a
social set-up. As a man or a woman, from the very beginning of life, this
affinity towards a social set-up is fully found in his being. He does not need
to find this tendency in his external world. When he enters this world, he
brings with him all his internal urges and inner motivations and uses them to
fulfill his needs wherever and whenever required.
The history of mankind shows that owing to this very aspect of human nature,
when Adam, the founder of the human dynasty was sent in this world, he was
blessed with a wife from his own species – someone who was meant to be his
companion. From these two sprang many men and women as their progeny. Gradually,
a family, a tribe and finally a state came into existence. The resultant social
set-up afforded man the opportunity to realize his hidden potentials and urges.
It is in
consideration of all these facts and to firmly establish a society on these
fundamentals, an everlasting bond between the spouses is made essential in the
religion of the Prophets. If the whole life of a human being – from childhood to
old age – is kept in consideration, sense and reason endorse that to fulfill his
physical, psychological and social needs an everlasting marriage bond between
the spouses is essential. Consequently, the Almighty has given a detailed social
sharī‘ah to man through His Prophets regarding the society which is established
on this basis.
Following are the details of this sharī‘ah of God.
The only legitimate way to
satisfy one’s sexual desire is marriage (nikāh). Marriage is an open declaration
of a contract by a man and woman to live permanently as husband and wife. It is
declared in the presence of people through a responsible personality with great
solemnity and gravity after he delivers a sermon to counsel and guide them.
Women too like men have the right to take a decision for their marriage and
freely exercise their opinion in the bounds and limits set by the Almighty.
Without their consent, they cannot be forced to marry.
2. Relations Prohibited for
It is prohibited to marry one’s mother, daughter, sister, maternal aunt and
the daughters of one’s brother or sister. The Almighty wants the gaze of a son
for his mother, of a father for his daughter, of a brother for his sister, of a
nephew for both his maternal and paternal aunts, of a maternal and a paternal
uncle for their nieces to remain free from the slightest trace of sexual
leaning. The reason is that that any sort of sexual proclivity between these
relations is devastating for human dignity and honour and is totally against the
unadulterated state of chastity and purity that distinguishes man from animals.
Foster relations too have a similar sanctity as the real ones. Thus every
relation prohibited through lineage for marriage is prohibited on the basis of
fosterage too. After lineage and fosterage, are relationships which emerge on
the basis of marriage itself. Such is the obviousness of the sanctity of these
relationships in human nature that no reasoning is required. Consequently, the
daughter-in-law is prohibited for the father, and the mother-in-law, the wife’s
daughter, the wife’s sister and both nieces and both aunts (maternal and
paternal) of the wife are all prohibited for the husband. However, since these
relationships are formed through the husband and the wife, a degree of weakness
is found in them. Owing to this reason, the Qur’ān has imposed the following
three conditions on the prohibition of these relationships:
Firstly, only the daughter of that wife is prohibited with whom one has had
Secondly, only the daughter-in-law of a real son is prohibited.
Thirdly, the sister of a wife and
her two nieces and aunts are only prohibited if the wife is in wedlock with the
3. Requisites of Nikāh (Marriage)
A nikāh should be conducted through wealth – which here means dower. The Qur’ān
emphasizes that the Almighty has ordained this payment as an essential
pre-requisite of marriage. When a man and a woman pledge to remain in a
permanent relationship through marriage, it is the man who has always taken the
financial responsibility of the woman he is bringing home. The dower is nothing
but a symbolic expression of this responsibility. The sharī‘ah has not fixed any
amount for the dower. It has left it to the norms and traditions of a society.
Consequently, it can be fixed according to the social status of the woman and
the financial status of the man who is to become her husband.
Chastity is also a requisite of marriage. No
adulterer has the right to marry a chaste woman and no adulteress has the right
to marry a chaste man, except if the matter has not gone to court and the two
purify themselves of this sin by sincere repentance. Similar is the case of
polytheism: just as it cannot be acceptable in any way that a husband or wife
commit marital unfaithfulness, similarly, it is totally unacceptable for a
Muslim that someone else besides the Almighty be worshipped in His house. In
fact, this is more detestable a sin than sleeping with some other woman. In the
case of the Jews and Christians, the Almighty was lenient enough to Muslims to
allow marriage with their chaste women. This was because Jews and Christians in
spite of deeply incriminated with the filth of polytheism are basically
4. Rights and Obligations of the Spouses
A family is like a small state. Just as every state
requires a ruler for its establishment and survival, this small state also
requires someone to take charge of its helm. Either the husband could have been
bestowed with this responsibility or the wife. The Qur’ān informs us that
because of certain physical and temperamental abilities, the husband has been
entrusted with this responsibility and as an essential result of this has
required two things from the wives: firstly, they should be obedient and
adaptable to their husbands and secondly, they should keep the secrets of their
husbands and protect their honor and integrity.
If a wife becomes inclined to disrupt the discipline
of the house by challenging this status of the husband, the Almighty has said
that three options can be adopted by him to save the family.
First, a wife should be urged to mend her ways. The
word used by the Qur’ān is وَعَظ which means that she
can be admonished and also scolded to some extent in this regard.
Second, intimate marital relations with her should
be suspended in order to communicate to her that if she does not mend her ways
she might have to face severe repercussions.
Third, she should be punished physically. This
punishment should only be as much as a teacher gives to a student or what a
father gives to his children.
A gradual sequence should be adopted in exercising
these three options. In other words, the second step after the first and the
third after the second should only be adopted if the husband is convinced that
there is no other option but to go on to the next step. These measures point to
the utmost limit to which a husband can go regarding admonishing his wife. If
the wife mends her ways through these measures a husband should not look for
revenge and vengeance.
If a person dislikes his wife, he should not subject
her to harsh treatment in order to recover any wealth or property that he has
gifted her. Such an attitude can only be accepted if the wife is guilty of open
sexual transgression. If the wife is not guilty of such behavior and is living
as a faithful and obedient lady leading a virtuous life, it is totally against
justice and decency for the husband to harass her merely because he dislikes
her. No doubt if a wife shows moral misconduct, then this is a detestable thing,
but no husband is allowed to deprive her of a decent living because he does not
like her looks or because her temperament is different from his. A husband who
does not like his wife should still deal with her in accordance with the norms
of justice and equity, graciousness and decency, reason and human nature.
As per the norms of human nature, the real benefits
and advantages of the institution of family manifest themselves in a monogamous
family. It is basically social, psychological, political and cultural needs
because of which the tradition of polygamy has existed in every society whether
in a pronounced or mild form. To cater for these very needs, the Almighty never
forbade this practice in the sharī‘ah He gave in various periods of time.
However, when the Qur’ān urged the Muslims to make use of this practice to solve
a social problem that had arisen in the time of the Prophet (sws), it made it
conditional upon two things:
First, even for as noble an objective as the welfare
of orphans, a person cannot marry more than four wives.
Second, if a person is not able to deal justly with
all four wives, he should not marry more than the number he can be just with.
Justice is a value that has to be maintained at all costs and cannot be
sacrificed even for such a noble cause.
However, this justice does not mean equality in a
person’s inner inclination and his outer behavior. Such justice is not possible
for any person and even if someone wants to do such justice, he cannot do so.
This is because a person has no power over his heart in such affairs. Therefore,
in this regard it is enough for a husband to not completely lean towards one of
the wives and show indifference to the other, as if she had no husband.
Whether marriage has taken place to protect the
rights of the orphans or for some other purpose, payment of dower and
discharging of justice are the rights of a woman and the former must be given
with the willingness of the heart. However, if it is feared that a husband may
show indifference to his wives or even think of parting ways with them because
of their insistence to be treated equally, it is alright if a husband and wife
settle for a compromise.
6. Limits of Sexual Intimacy
A husband and wife are prohibited to have sexual
intercourse when the wife is passing through her menstrual or puerperal cycle.
This prohibition is till the blood stops and once it stops this prohibition is
lifted; however, the desirable way in this regard is to have intercourse after
she has bathed and to have it necessarily in the way prescribed by God.
It is not allowed to sever sexual relations from
one’s wife without a valid reason. So much so, if a person swears such an oath,
he must break it. A period of four months has been fixed for it after which a
husband must decide to either resume the marital relationship or to divorce her.
If a person is unseemly enough to regard his wife as
his mother or likens some limb of his wife to that of his mother, then such an
utterance does not make the wife his mother and neither is she endowed with the
sanctity a mother has. Consequently, such an utterance neither breaks marital
ties nor does a wife become prohibited for a person like his mother. However, a
person who utters these words shall not be allowed to go scot-free. Such lose
talk gravely affects the social life, and thus it is essential that such a
person be punished for this unbecoming behavior so that he is careful in future
and others also learn a lesson from this. Consequently, it is decreed by the
Almighty that he must atone his sin before going near his wife in the following
A slave-woman or a slave-man should be set free.
If slaves are not available, he should fast
consecutively for two months.
If this is also not possible, he should feed sixty
If it becomes impossible for a husband and wife to
get along with one another, there has always existed in divine religions the
option of separation from one another. In religious parlance, this separation is
Before circumstances reach an extent that divorce
remains the only option, it should be the intense desire of every person to keep
intact the marital relationship as far as possible. However, if all efforts of
reformation fail and it becomes evident that this relationship cannot remain
intact, the Almighty has asked Muslims to make a last ditch effort: the
relatives of the couple, their clan and tribe and other well wishers should come
forward and use their influence to set right the situation. The procedure
outlined in this regard is that one arbitrator should be appointed from the
husband’s family and another from the wife’s family. Both these arbitrators
should try to reconcile the two in the hope that what the husband and wife could
not accomplish themselves would be accomplished by the elders and well wishers
of the two families.
A husband is the head of the family. He is responsible for financially
providing for her. On these very grounds, he has been given the right to
divorce. If a wife wants to separate from her husband, she cannot divorce him;
on the contrary, she will demand divorce from him. In general circumstances, it
is hoped that every gentleman, seeing that there is no other way out, would
accept this demand. However, if this does not happen to be the case, a wife can
turn to the court of law. It can order a husband to give her divorce or can
annul the marriage contract.
Whether a husband divorces his wife because of his own decision or does so at
the demand of his wife, in both cases the procedure of divorce prescribed by the
Qur’ān is as follows:
i. Divorce should be given keeping in consideration
the ‘iddat. This means that it is incorrect to divorce a wife in a manner that
separates her instantaneously. In all instances, it must be given after a
considered intention of separation and it becomes effective after a specific
waiting period. ‘Iddat in religious parlance means the period in which a
divorced or widowed lady cannot marry any other person. Since this period has
been primarily fixed in order to ascertain whether a lady is pregnant or not,
therefore it is necessary that divorce be given after a lady has completed her
menstrual cycle in that period of cleanliness in which the husband did not have
any sexual intercourse with his wife.
ii. Muslims must carefully keep count of the period of ‘iddat. Since divorce
is a matter of great consequences, and a lot of legal issues arise for the man,
the woman, their children and their whole family, it is essential that the time
and date of divorce be properly accounted for. Moreover, it is essential that at
the time of divorce, the state of the woman, the date when the ‘iddat commenced
and the date when it will end be kept track of.
iii. Until the ‘iddat period expires the husband has the right to take back
his wife. If the husband does not take back his wife within the ‘iddat period,
then once this period expires the relationship of wedlock will cease to exist.
Consequently, the husband is directed to make up his mind once this period is
approaching its end. He should decide if he has to revoke his decision and take
her back or is to persist with his decision and sever his relationship with her.
In both cases, the Almighty has directed him to follow the ma‘rūf (good
conventions) of the society. Following are the directives given by the Qur’ān in
Firstly, whatever amount of wealth, property, clothes, jewelry and other
items that have been gifted to the wife by the husband, they should not be
confiscated by him. nafqah (maintenance) and mahr (dowry) are the absolute
rights of a wife and confiscating them is unthinkable. What is emphasized by the
Qur’ān is that a husband should not take back anything besides these two that he
may have given her.
There are two exceptions to this directive:
First, if it is no longer
possible to keep a marriage intact according to the limits set by Allah, and the
family elders and society also support the annulment, but a husband is unwilling
to divorce his wife simply because he is concerned about losing wealth, property
or other gifts he has given his wife, then the issue can be resolved in the
following manner: the wife can give back part or all of the wealth gifted to her
to relieve herself of her marital contract. In such cases, it would be lawful
for the husband to accept these returned gifts.
Second, if the wife is guilty of open sexual misconduct. Since such a
behavior destroys the very basis of the marital relationship, it is lawful for
the husband to take back any gifts or wealth given to her.
Secondly, the husband shall not be responsible to give the dower if the wife
is divorced such that the husband has not touched her or her dower had not been
fixed. However, if the dower had been fixed but a lady was divorced before
having sexual relations with the husband, then the husband is liable to pay half
the amount of the dower fixed except if the wife willingly forgoes the total
amount or the husband pays the full amount.
Thirdly, a wife at the time of parting should be given some resources of
life. The Qur’ān says that this is an obligation of those who fear God and those
who are righteous. Its quantity shall be fixed keeping in view the custom of the
society and the financial circumstances of the husband. If a lady is divorced
even without going near her or if the dower had not been fixed, a husband is
exhorted to fulfill this obligation.
iv. If a husband revokes his decision within the ‘iddat,
the lady will continue to remain his wife. A person can only twice exercise this
right of divorcing his wife in the ‘iddat and then revoking the decision in his
marriage with a lady within this period. However, once he has used this
authority twice in his marriage with a lady, he can no longer use it again the
third time. In such a situation, his wife would be permanently separated from
him except if she marries some other person and he then also divorces her.
v. Whether the husband decides to divorce his wife or to take her back, in
both cases he should call in two trustworthy Muslim witnesses on his decision.
The reason for this directive is to ensure that either of the parties is not
able to refute a decision made and to resolve any other dispute that may arise
in this regard.
vi. In normal circumstances, the ‘iddat is three menstrual
cycles and if a woman is pregnant then the ‘iddat will extend to child-birth;
however, if a woman does not menstruate because of advancing age or in spite of
reaching puberty, then this period would be three months. If sexual relations
have not been established with a woman, then, since the question of pregnancy
does not even arise, there is no ‘iddat for her.
The directives of ‘iddat which are mentioned in the relevant verses of Sūrah
Talāq are as follows:
Firstly, during ‘iddat neither should a wife leave her house nor is the
husband authorized to turn her out from her house. Living together might
hopefully be beneficial for both and they might reconcile and thus save a family
from breaking. The only exception to the above directive is if the basis on
which a divorce has been given is open sexual misconduct. Obviously, in such a
situation neither is it proper to demand from the husband to keep the wife in
the house nor can the benefit be attained for which this directive had been
Secondly, it is stated that a husband should provide residence and
maintenance to his divorced wife according to his status. After divorce, a
husband can be very stingy in this regard. Consequently, he has been directed
not to provide for her in a manner that damages her self-esteem and she is
forced to leave her house herself.
Thirdly, no lady should try to conceal her pregnancy during her ‘iddat. The
Almighty has laid great stress on this instruction because the very directive to
observe the ‘iddat has been given for ascertaining whether a lady is pregnant or
vii. Even after divorce, if the husband who has given this divorce wants that
this divorced wife should suckle his child, then she should carry out this
responsibility for two years. If she is willing to suckle the child, then the
husband shall pay her for this service and this remuneration shall be
ascertained through mutual consultation and in a befitting manner. If the father
of the child is dead, his heirs will be responsible for all the above mentioned
rights and obligations. If through mutual consent and consultation, the
estranged husband and wife decide to terminate the suckling period before two
years, they can do so. If the child’s father or, in his absence, the heirs of
the child want to suckle the child through some other lady instead of the
mother, they are authorized to do so provided what has been agreed with the
mother regarding her maintenance is fully honoured.
viii. After divorce, a husband has no right to cause
any hindrance if his former wife wants to marry someone. She has the liberty to
marry whoever and whenever she wants. If her decision to marry is in accordance
with the norms of the society, it cannot be objected to in any way.
10. Directives relating to Widows
The ‘iddat of a widow is four months and ten days.
In contrast to the ‘iddat of a divorced lady, the ‘iddat of a widow has been
extended by forty days. The reason is that while a husband has been asked to
divorce his wife in the period of purity (in which he has had no sexual
intercourse with her), obviously no such requirement can be proposed in the case
of a widow. It is to exercise care that forty days have been added by the Qur’ān
to the waiting period of a woman who loses her husband.
Since the purpose for observing the ‘iddat is the
same for both a divorced woman and a widow, hence all exceptions which are
stated in cases of divorce, shall have to be kept in consideration for the
‘iddat of a widow also. Consequently, a widow with whom marriage has not been
consummated shall have no ‘iddat and the ‘iddat of a pregnant widow will end on
After the waiting period expires, the wife is free
to do whatever she deems appropriate for herself. However, she should follow the
norms of the society in this matter. In other words, she should not indulge in
any activity which damages the repute, honor and integrity of the family nor the
conventions of a society. If all this is kept in consideration, then no blame
can be caste on her or her guardians.
If a person wants to marry a widow, then during her
waiting period he can inform her of his intentions in a very tacit manner.
However, it is not permitted that he, without considering the sentiments of the
affected family, send a marriage proposal to the widow or make some hidden
agreement with her.
The husbands should make a will in favor of their
wives for the provision of one year’s residence and maintenance, except if the
wives themselves leave the house or take any other similar step.
11. Norms of Gender Interaction
In order to protect the institution of marriage and to safeguard the sanctity
of personal relationships, the Almighty has prescribed certain norms and
etiquette for gender interaction.
These norms are:
i. If friends, relatives or acquaintances visit one another, they should
follow a certain decorum. Suddenly barging into a house without introducing
one’s self is improper. The visitor should first of all properly introduce
himself by paying salutations to the residents of the house. This will make the
residents aware of the visitor, provide them with the opportunity to determine
the purpose of his visit and whether it is appropriate for them to let him in.
If the visitor hears a reply to his salutations and is given permission, only
then should he enter. If there is no one present in the house to give him
permission or if someone is present and the visitor is told on his behalf that
meeting him is not possible, he should retreat without any feelings of ill-will.
These norms are not meant to deprive people of mutual support or to curtail
their social freedom. Hence whether it is the people themselves or their
relatives who are disabled or impaired in any manner who live with these people,
there is no harm if they visit one another and whether men and women among them
eat together or separately in their own houses or of their children’s, fathers’,
mothers’, brothers’ and sisters’ houses or of their paternal uncles’ and
paternal aunts’, maternal uncles’ and maternal aunts’ houses or of people who
are financially dependent on them or of friend’s houses. Indeed, when they enter
such houses they must greet the residents in the prescribed way.
ii. In case the visited place is non-residential, no formal permission is
required. These include hotels, rest-houses, guest-houses, shops, offices and
meeting places. In such places, slave-men and women and sexually immature
children who generally frequent a house are not required to take permission
every time they enter private rooms. They are just required to seek permission
in three particular times of the day: before the fajr prayer when the residents
are generally in bed, during the nap in the afternoon when they may not be
wearing proper clothes and after the ‘ishā prayer when they go off to bed for
sleep. These three periods of time require privacy. Barring these three times of
the day, sexually immature children and slave-men and women can enter the
private rooms and other areas of the house without taking any permission.
However, children, once they reach sexual maturity, must seek permission at all
times. After reaching this age, they must follow the regulations which pertain
iii. In both types of visited places, if women are present then the divine
directive is that both men and women present should restrain their gazes. If
there is modesty in the gazes, and men and women refrain from feasting their
eyes on the physical attributes of one another and ogling each other, then no
doubt the purport of the directive stands fulfilled because the purpose of this
directive is not to desist from seeing at all or to constantly stare at the
floor while interacting with one another. It means to guard one’s gaze from
taking undue liberty and to refrain from staring at one another.
iv. One must properly protect one’s sexual organs on such occasions of
interaction. This means that neither should these organs have any inclination
for others nor should they be exposed to others. In fact, on occasions of
gender-intermingling, body parts which need to be covered must be covered even
more carefully. The primary way to achieve this end is to wear decent clothes.
Men and women should wear such clothes which not only hide the ornaments worn
but also the sexual organs. Moreover, on such occasions, care should be taken
that a person does not expose his sexual organs. Care must also be exercised
that whilst sitting or standing on occasions of interaction, a person does not
in anyway expose his or her body parts.
v. It is necessary for women in particular not to display any of their
embellishments except before their close relatives, attendants and people of
acquaintance. However, exempted from this are embellishments adorned on limbs
which are generally never covered: ie, make-up and the ornaments worn on the
hand, the face and the feet. Barring the make-up and ornaments worn on these
places, women must hide the embellishments worn in all other places. So much so,
they should not walk by striking their feet in a manner which draws attention to
any hidden ornaments they may be wearing.
vi. Since the chest of women is a means of sexual attraction, and there also
may be jewelry worn in the neck, they are directed to cover their chests with a
cloak. This directive of covering the chest and the neckline does not pertain to
old women who are no longer of marriageable age on the condition that they their
intention is not to display their ornaments. However, what is more pleasing in
the sight of Allah is that even in this age they be careful and not dispense
with this garment in the presence of men. This is more seemly.
12. Directives relating to Parents
The most important of relationships which are
produced as a result of marriage is that of the parents. All divine scriptures
instruct man to show kindness to the parents. The bounds and limits of this
directive can be stated thus:
i. A person should be most grateful to his parents
after his Lord. This gratitude must not be expressed merely by the tongue. It
should also manifest in good behaviour towards them. He should respect them and
never become fed up of them. He must not utter a single word of disrespect to
them. Instead, he should be soft, sympathetic, loving and obedient to them. He
should listen to them and be caring and affectionate to them in the tenderness
of old age.
ii. In spite of the status that Islam confers upon
parents, they do not have the right to force their children to baselessly
associate someone with the Almighty. The children should openly disobey their
parents with regard to polytheism and should follow the way of those who follow
God. Any calls to evade the Almighty must not receive any positive response even
if it is the parents who are giving the call. Consequently, all other directives
of the Almighty shall also be considered subservient to this directive, and one
cannot disobey these directives if the parents ask them to do so.
iii. Even if the parents force their children to
commit a sin as heinous as polytheism, they must always be treated in a
befitting manner. Their needs should be met as far as possible and a prayer of
guidance be continued to be made for them. The children may have a right to
disobey their parents if they insist upon disobedience to the directives of
religion but they must still not be slack or indifferent, in any way, to their
duty towards their parents.
13. Directives related to Orphans
Certain specific directives are given in the Qur’ān
about orphans. They can be summarized as follows:
i. Guardians of the orphans should return their
wealth to them and should not think of devouring it themselves. Consuming the
wealth of orphans is like filling one’s belly with fire. So no one should try to
swap his poor merchandise and assets for their good ones. Neither should a
person try to benefit from their wealth while mixing it with his own, feigning
administrative ease. If such intermingling needs to be done, then it should only
be for the orphans’ welfare and well-being and not to usurp their wealth.
ii. Protecting the orphans’ wealth and safeguarding
their rights are significant responsibilities. If it becomes difficult to
fulfill these responsibilities alone, and people think that ease and facility
can be created by involving the mothers of the orphans, then they can marry the
lawful among them. Their number should not exceed four. However, such multiple
marriages should only be resorted to if a person is able to deal justly with the
wives. If people think that they would not be able to do so, then even for an
objective as noble as welfare of the orphans they should not marry more than
one. Justice should always reign supreme. Moreover, while entering into
marriage, the mothers of the orphans should also be given mahr (dower) just as
other women are given. The pretext that marriage has been contracted with them
for the welfare of their own children is not acceptable in this regard. However,
if such a mother gladly forgoes a portion or the total mahr amount, then of
course this generosity can be benefited from.
iii. The directive of returning to orphans their money should be carried out
when they reach maturity and are able to properly manage their wealth. Prior to
this, it should remain in the protection of their guardians, who should continue
to judge the orphans regarding their ability to manage and handle daily affairs.
In this interim period, however, the orphans’ needs and welfare should be
provided for. The guardians should not hastily consume the wealth of the orphans
fearing that they will lose access to this wealth because the orphans will soon
reach maturity. In addition, the guardians must take note to speak very
affectionately to the orphans.
iv. If a guardian is well-off, he should not take
anything from the orphans in return for his service, and if he is poor, he can
take his due according to the norms of the society.
v. When the time comes to hand over an orphan his
wealth, some trustworthy and reliable people should be made witnesses in order
to avoid any misconceived notions and dissensions. One should also remember that
one day this account shall be presented before the Almighty. He sees and knows
all things and nothing can be hidden from Him.
vi. Although the shares of the heirs to a deceased are fixed, yet if at the
time of distribution of inheritance some close relatives, orphans or poor people
happen to come by, then even though they may not have any legal right in the
inheritance, they should be given something and be spoken to in a befitting
manner at their departure. On such occasions, a person should always keep in
mind that his own children can become orphans and he may one day have to
similarly leave them at the mercy of others.