Linda Bogaert writes :
5.5. Marriage and sexuality
Marriage is looked upon in Islam as the cornerstone of society and forms part of the religious duties. Muhammad said :
" When the servant of God marries, he has already fulfilled half of (the responsibilities imposed upon him by) his faith." (Mishkat)
The purpose of marriage is that men and women will find peace and love in each other’s company and in mutual companionship :
"And one of His signs is that He created mates for you from yourselves that you may find rest in them, and He put between you love and compassion; (Quran 30:21)
In Islam, marriage is seen as a partnership, a commitment between equals. Shaykh Dr. Ad-Darsh, former Faqih of Al-Azhar, Cairo, and chairman of the UK Shari'ah Council, describes it as follows:
"the Fuqaha – the jurists – define this contract as Aqdu Istimtaa' – an agreement that permits all parties to derive pleasure from this intimate relationship. It is not a contract of servitude or something of that nature. Hence, where it concerns matters of legality, and everybody asks: "where are my rights", this contract releases the wife from cleaning and such similar chores. In the words of Ibn Hazm, one of the better known literalistic scholars, it is the husband’s duty to bring the prepared meals to his wife.
And the Fuqaha state in general that when a wife comes from circles that are used to being served – the "upper class" – then it is her husband’s duty to provide her with a servant at home to look after her needs. While it is said that good manners demand that the woman ought to take care of what is needed in the house and that the man looks after what is outside of it, it is nevertheless anaccepted fact that normal propriety in behaviour and conduct calls for the husband to lend his wife a helping hand ".
The Shaykh refers in this to the example set by the Prophet Muhammad, who, as already mentioned, himself assumed part of the household chores.
In marriage, both parties have their rights and duties. During his farewell address, Prophet Muhammad proclaimed:
"O people, your wives hold certain rights over you and you hold certain rights over them ".
Fourteen hundred years ago, this was revolutionary language.
Until that time, women in the clans were well nigh without rights.
Suddenly, men and women were treated by Muhammad as equals, with reciprocal rights and duties.
It is part of a woman’s rights that she may choose her husband. A young girl cannot be forced to marry somebody. Parents may well propose a partner, but the girl is under no obligation to agree with their choice. When she nonetheless does get married off against her will, the woman has the right to file for divorce:
"It is narrated by Khansa bint Khidam Al-Ansariya that her father gave her in marriage and that she was opposed to this. She therefore went to the Apostle of Allah and he declared the marriage invalid."
In another version of this Hadith, the woman in question said that she agreed to the marriage but that she wanted to let women know that parents have no right to impose a husband on them (Ibn Majah).