Analysis of the Distribution of Rights and Responsibilities in the Islamic Family System in the Light of Tafseer Mawahib al-Rahman and Ahkam al-Quran by al-Jassas

Abstract

According to these principles of fairness, empathy and mutual respect for one another, the Islamic family system is very well structured. In this system, Islamic jurisprudence, defines rights and responsibilities, which safeguard and nurture the interests of each member in the family. This study examines the sense in which these rights and obligations are conceived of in the light of two major Islamic commentaries: Tafseer Mawahib al-Rahman, Ahkam al-Quran by al-Jassas. Both writings critically analyse the teachings of the Quran regarding family life with the expectation of spouses, siblings and all those in the family setting. Tafseer Mawahib al-Rahman highlights the importants of the principles of ethics and spirit for the family’s interaction, supporting them by unity through love and mutual respect. On the contrary, Al-Jassas' Ahkam al-Quran deals with the issue from a legal perspective elaborating the point of application of family rights and the enforcement of giving effect to applicable laws. By this comparison, the research illuminates the wide scope of coverage Islamic teachings extend to such issues as marital relations, dissolution of families, succession and the roles of parents. Also, the study emphasises the way Islamic law reconciles the importance of individual rights with collective welfare to ensure they both are protected in the life of family. Through the study of these perspectives this research attempts to demystify the practical applications of Islamic law of family and explain the reference that classical interpretations of the teachings of the Quran still provide to the way relations within the family setting are made and sustained in Muslim societies.

Keywords: Islamic Family Law, Islamic Jurisprudence, Tafseer Mawahib al-Rahman, and Ekhkam al-Quran, Part I, by al-Jassas, and jurisprudential analysis.