In Creation, In Civilisations and In Religions
God 8 has said in his masterful book: 'And of everything we have created pairs so that you might take notice'. 9 The law of pairs is so deeply intrinsic to created objects that one does not find any atom or galaxy or anything smaller or larger than these that is not subject to this law. If one looks to creation in all its vastness and what it holds, from stars and planets, air and water, trees and rocks, to animals and humans, one cannot but concede as to the integrated perfection of this system in so far as each one complements and perfects the other. Each proceeds according a precise and balanced system which is only violated and traversed by humankind who were given by God the responsibility of administering themselves after having been sent messengers and having had the limits of behaviour laid out and the laws made clear. Mankind then took up this responsibility but did not carry it out, as it should be - excepting God's faithful servants - at times falling into oppressiveness, at other times into ignorance. In the Qur'an Allah states: 'We did indeed offer trusteeship to the heavens and the earth and the mountains but they refused to take it being afraid thereof. But man undertook it, though he is unjust and ignorant'. 10
If one leafs through the pages of human history, over and above the instructions of religion, one realises that the family system, procreation, the avoidance of inbreeding, the avoidance of marital infidelity, instability and abuse are matters of human nature and psyche ('The fitra (intrinsic nature) of Allah upon which He has created the people.' 11). Even amongst primitives and pagans and those who did not observe any law, from time to time their inherent nature would shudder and would manifest itself in some form of law or in the form of customs and traditions. It is no delusion that we turn to custom and tradition to prove this, nor indeed to divine law which corresponds to inherent human nature, for all that the divine law rules necessary so does the intellect, and vice versa. The concordance and mutual agreement of humanity over a certain matter, despite their diverse nations, civilisations and religions, points to the deep-rootedness of that matter in the human psyche. In this section, we will review in brief the findings of naturalists and anthropologists as well as the religious view in this field.
The Law of Matrimony in Creation
This vast creation from the smallest atom to the largest galaxy comprises of tribes and peoples based upon the system of pairs. Every element is formed from atoms, and every atom is composed of negative electron and positive proton. The occurrence of any imbalance in the ratios and equilibrium of these charges will result in the instability of the atom, and the atom will then try to return to a stable state by discharging a formidable energy known as atomic energy. Likewise in creation there are two complementing forces - magnetism and electricity - neither of which can exist without the other. Then magnetism is composed of two polarities - north and south - and electricity of two charges - positive and negative - according to scientists.
Allah has said in the Qur'an: 'All praise to He who has created all the pairs, of which grow in the earth, and of yourselves, and of that which you have no knowledge.' 12 Every plant contains a masculine and feminine member, which upon their maturity pollination occurs and then fruition. Granted there are types of plants and trees which do not need this depth and complexity but they are like humans who have two independent members, which co-operate mutually in order to produce fruition, as is the case with the palm tree and papaya tree and others.
Animals whether quadrupeds, bipeds or reptiles, amphibians, fish or birds, are subject to the law of pairs. He (Allah) has said: 'Originator of the heavens and the earth has made out of yourselves pairs and of the beasts pairs ... ' 13 So they strive, because of the forces placed within them, to procreate and multiply and to preserve their species. Mothers extend affection to their offspring after birth or hatching and prepare the appropriate environment for their growth and development and defend them with their lives against the dangers which surround them.
The Law of Pairs in Human Civilisations
There is no doubt that there are differences between humans and other creatures. Humans have a certain freedom of choice and will whereas animals are driven and determined. There is also no doubt that there is a difference among peoples with regards to systems and laws to an extent which at times is contradictory and incompatible. However it is not right that we take this difference as being the most fitting expression of the matrimonial system. Indeed, this synopsis does not hold true for all areas of the nature of the family, so we will concern ourselves to the areas upon which peoples have been in agreement from the earliest times as civilisations and peoples. This will no doubt fulfil our purpose. Particularly regarding marriage and childbearing, libertinism, and the system of rights. In the following pages, we will deal with matrimonial laws from the earliest times until the present day.
1. The Civilisation of the Valley of the
Euphrates and the Tigris (Mesopotamia)
Matrimony was deemed to be greatly important in the Sumerian civilisation where they promoted marriage and repudiated celibacy. Marital infidelity was regarded by them as a crime punishable in detailed laws by death. The two adulterers if there were witnesses to the crime would be bound and thrown into water to drown, and if there were no witnesses then the woman could exonerate herself by an oath.
Amongst the Assyrians, the matter was much the same where marital fidelity was compulsory and infidelity was punishable either by death to both parties by drowning, or by them being whipped, or by their hair being torn out, or by the amputation of the ears.
The Assyrians also called for a high birth rate in moral laws in which they considered abortion a serious crime punishable by execution. They considered a beating, which led to abortion as a crime punishable by fifty lashes, forced labour and in some cases execution. The Babylonians specified more than sixty rules regarding the preservation of the family and stressed the seriousness of adultery and the implementation of punishment by drowning for the perpetrator. 14
2. Ancient Egyptian Civilisation
Ancient Egyptian texts afforded marriage a high importance. Adultery was forbidden and its perpetrator was threatened with the most violent punishments, according to historians. The unfaithful husband would be subjected to flogging and the unfaithful wife would be subjected to the amputation of the nose. Adultery was one of the pretexts for divorce among them without distinction between the man and the woman.
In the civilisation of Osiris, dead persons used to bear with them to their graves a document testifying to their probity and fidelity in order to obtain mercy in the afterlife.
In Sparta, celibacy was a crime in which the bachelor forfeited the right to vote and to watch public spectacles and so on.
In Rome, celibacy was forbidden and considered a state in contravention of their religion punishable by beating or flogging with regard to the age of the individual 15, and by increasing taxes and forbidding them from inheritance unless they married within 100 days of the death of the legator. 16
They regarded adultery as a grave offence punishable by death or by banishment from the country for life.
The punishment for one who caused the abortion of a pregnant woman was banishment or the confiscation of his property.
They laid down the so called Julian 17 law specifically for marriage aimed at making marriage common and calling for a high birth rate and a reduction in taxes in relation to the number of offspring up to the number of three children, when taxes would be lifted completely just as bonds would be lifted from any woman who had given birth to three children.
Constantine made adultery punishable by death, and any such dishonour during the age of Augustinian was punishable by execution or confiscation of possessions.
4. The Civilisation of the American Continent
In the Aztec civilisation, in Central America adultery was a sin whose punishment was death by strangulation and then stoning without distinction between man and woman.
In the civilisation of the Incas in the Andes, marriage was compulsory and celibacy was forbidden and there used to be an observer from the Incas who would roam the villages and the countryside to make sure that celibates would marry.
5. The Civilisation of Ancient Japan
In Ancient Japan, women were known for marital fidelity or faced death. If a husband came upon his wife in flagrante delicto, it was his right to kill her and her lover on the spot. Certain of their leaders have added that if a husband has killed his wife in these circumstances and let the other man go free then he himself deserves the punishment of death.
Even the sect of the Samurai who insisted upon remaining without marrying until the age of thirty made it incumbent upon themselves to marry and produce at least two children. Chastity was a great virtue among the Japanese so that some women would even kill themselves when their virtue was exposed to danger.
The Arabs concerned themselves with lineage and descent, and this interest drove them to such depths and precision in the organisation of the family and the tribes and peoples that it became to them an art and a science. 18
They used to encourage early marriage beginning with age sixteen for men and twelve or less for girls so if a girl reached eighteen or twenty without marriage, she would be viewed with concern.
The veil was widespread in the various Arab lands in many forms just as the custom of circumcision was widespread even for girls.
They used to forbid marriage to close relatives and fornication was regarded as a sin, which if they were able to punish it, did so with severe punishments. 19 In certain circumstances, the adulteress would be separated and isolated in the house and would remain in this way un-married until death.
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[1] Mentioned by the same biologist on BBC Television's Heart of the Matter, Sunday 28/11/1999, 11.25 p.m. and on Night Waves, BBC Radio 3, 26/11/1999, 9.30 p.m.
[2] See Europe in Figures, Chapter 18 Fertility.
[3] See United Nations Demographic Yearbook 1999, Chapter 9.
[4] The Holy Qur'an: The Tribe of Israel (17): 31.
[5] The Holy Qur'an: The Forgiver (40): 21.
[6] The Holy Qur'an: The Heifer (2): 5.
1 The Holy Qur'an: The Hajj Pilgrimage (22): 11.
2 The son's of Marwan refers to the Umayyad Caliphate in the early days of Islam. (Translator's note)
3 A reference to the 'Abbasid Caliphate. (Translator's note)
4 The Holy Qur'an: Public Estates (8): 24.
5 A major book on Qur'anic commentary mentions three possibilities for the identity of 'Dhul-Qarnain' : Alexander of Macedonia, One of the Yemenite Kings, Koroush one of the kings of Iran. The author of the book favours the third possibility because the description fits best Koroush. However the main thing is that he was a 'righteous servant of Allah.' (Tafsiri-Nimoune, vol 12, page 542, Nasir Makarim). (Translator's)
6 The Holy Qur'an: The Cave (18): 89.
7 The Holy Qur'an: Public Estates (8): 41 ('Know that whatever you acquire, a fifth of it is for Allah').
8 The word God is used here for translation purposes more or less interchangeably with the Arabic word Allah (The God, The Deity, The Unseen). However the Islamic conception of God as elucidated in the Qur'an differs from other conceptions in its strict adherence to the belief in monotheism - the oneness of God who has no partner in creation and no sire. He is The One, The Eternal, He does not beget, nor was He begotten and there is nothing like unto Him. (Translator's note)
9 The Holy Qur'an: The Winnowing Winds (51): 49.
10 The Holy Qur'an: The Coalitions (33): 72.
11 The Holy Qur'an: The Romans (30): 30.
12 The Holy Qur'an: (the letters) Y.S. (36): 36.
13 The Holy Qur'an: Consultation (42): 11.
14 See Laws of Hammurabi, Articles 130 - 158.
15 This was after the age of 25 for men and 20 for women during the reign of Augustus.
16 They were forfeit certain types of inheritance.
17 This was during the age of Augustus 30-14 BC.
18 Al-Hurani has collected lineages and organised them into levels according to the size of each level and he gives them thirteen classifications.
19 Like monetary fine or banishment or death by stoning, and this appears in the writings of certain of their historians like Akthum bin Saifi.
