Several misunderstandings about the status of women, system of marriage, adoption of children, inheritance, divorce and the resulting issues of compensations, and onus of upbringing children post-separation of parents can be traced to the failure of appreciating the Islamic family system. Islam is an organic whole and all its commandments and practices are in complete harmony, there being no-contradiction.

One may agree or disagree with the system. But no one can point out any single unit of the system contrary to each other. Every system of Islam, including the family system, emanates from the articles of faith that Islam demands its followers to adhere to. The concept of Unity of God, position of Muhammad, peace and blessings of God be to him, as the last Messenger (Prophet) of God, accountability hereafter of all human beings, severally, before God and the consequent reward or punishment in the form of heaven or hell run as the central streams in all the veins of each and every system of Islam. Family system is no exception.

It is not Patriarchy

The term patriarchy is not proper description for the Islamic family system. There are, obviously, certain traits in Islam similar to patriarchy. However, there are marked differences between the two that cannot be ignored. As Islamic system is not in the nature of a joint family, there is no patriarch, as such. Islamic system is a synthesis of nuclear and extended families. A family begins with a marriage, as in nuclear families and the authority of husbands over their wives are akin, in certain cases, to that of a patriarchy system. However, when it comes to taking care of grandparents, disabled and needy members of the family including divorcees, traits of an extended family can be noticed. This may be clearly understood by studying the system of inheritance enshrined by the holy Qur’an.

A feature that makes Islamic family system different from patriarchy and other systems is the right of women to have property and income without any corresponding obligation to use the property and income for anyone else or for anything in the family. Unlike women, men have the obligation to take care, financially, and otherwise, of the needs of their family members. It is no concern of a woman, as her financial rights are absolute without any charge. If she uses her assets for others or for anything in the family, it is her choice, although she is not bound to do that. Islam gave these financial powers to women at a juncture of human history where it was unthinkable. The world today rose to this occasion more than a thousand years later.

Financial Power

The Islamic system relating to financial power of women is quite different from that provided in the western legal system. The Islamic system of financial authority is linked with the financial obligations. As men are obliged to provide financial needs of their families, their share in inheritance, generally, is double that of women. But this position that men get double that of women is not true in all cases. A detailed study of the law of inheritance depicts many cases where a husband gets less than his wife. A careful study of all such cases would reveal that share of property is linked to financial responsibility of the respective stakeholders. Islam does not subscribe to the slogan of equality between men and women in all matters. Islamic position is nearer to what is said in the management science today: “AUTHORITY SHOULD BE COMMENSURATE WITH RESPONSIBILITY.” The Islamic concern is “Equity” and not “Equality.”

Unity of Command

The management mantras of pyramid structure of an organisation and unity of command therein appear to be relevant for understanding the Islamic systems, including its family system. A family is the primary social entity. The husband in the family is atop the pyramid. But his authority, like all other authorities in Islam, is subservient to that of the Almighty God. No authority can bypass that of God. Further, as a family head, the husband, has certain duties and responsibilities towards other members in the family. For example, a daughter in the family has the right to be consulted regarding her marriage. If it is violated, she has the right to get the marriage set aside.

Another example is that a person has no right to declare in his will (testimony) that his particular heir would not get his or her share. The shares in the inheritance have been fixed for good by God.  At best a person can declare in his Will (testimony) to provide up to one-third share of the property he is leaving behind, that too not for any member whose share in inheritance is defined.

Constitution of a Family

Laws relating to inheritance and marriage have direct bearing upon the nature of relations in a family. A family is created out of wedlock (marriage) and it grows as a result of resulting birth of children. We can say that a family owes its existence and continuation to marriage and blood. Share of inheritance depends as a result of these two types of relations: husband or wife becoming inheritors is linked to the former and children becoming inheritors owes it to the latter. Similarly, the law relating to forbiddance of marriage between two persons is dependent on both marriage and blood related relationships – e.g. marriage between brothers and sisters and brothers-in-law and sisters-in-law are not permitted.

A point to be noted is that adoption of children has no bearing upon the laws of inheritance or marriage. However, there is another relationship which has bearing upon the forbidden marriages but has no effect on laws of inheritance. It is foster relations. Marriage between foster brothers and sisters is not permitted. But no share of inheritance flows from this form of relationship.

It may be concluded that an understanding about the Islamic family system may lead to better appreciation of Islam, its faiths and methods.