al-Bayt al-Saeed wa Khilaf al-Zawjayn
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- Ministry of Islamic Affairs, Endowments, Da'wah and Guidance
al-Bayt al-Saeed wa Khilaf al-Zawjayn (The Happy Home and Marital Discord) is a book on Islamic family ethics, spousal rights, and the resolution of marital disputes by the contemporary scholar Salih bin Humayd .
Structure and Scope
The work is organized into two distinct treatises:
- The First Treatise: The Happy Home (al-Risalah al-Ula: al-Bayt al-Saeed) : Focuses on the foundations of the Muslim family, spousal harmony, and the mutual rights and duties necessary to maintain a stable household .
- The Second Treatise: Marital Discord (al-Risalah al-Thaniyah: Khilaf al-Zawjayn) : Outlines the causes of conflict between spouses, practical and legal methods of conflict resolution, and the legal limits of divorce in Islamic jurisprudence .
Contents
Pillars of the Muslim Home
In the first treatise, the author establishes that the stability of the marital household rests on firm foundations, foremost among them being faith in God, mindfulness of Him (taqwa), and mutual encouragement in acts of worship . He cites the hadith encouraging spouses to wake one another for the night prayer: رَحِمَ اللَّهُ رَجُلًا قَامَ مِنَ اللَّيْلِ فَصَلَّى وَأَيْقَظَ امْرَأَتَهُ ("May God have mercy on a man who gets up at night and prays, and wakes his wife") .
The work details the respective roles of husband and wife in maintaining kind treatment (al-mu'asharah bi-l-ma'ruf):
- The Husband's Role: The husband is urged to exercise patience, overlook domestic imperfections, and avoid excessive faultfinding, undue suspicion, or oppressive jealousy . The author cites the prophetic guidance: لَا يَفْرَكْ مُؤْمِنٌ مُؤْمِنَةً إِنْ كَرِهَ مِنْهَا خُلُقًا رَضِيَ مِنْهَا آخَرَ ("A believing man should not hate a believing woman; if he dislikes one of her traits, he will be pleased with another") .
- The Wife's Role: The wife is reminded of the importance of piety, modesty, acknowledging her husband's guardianship (qiwamah), safeguarding his home and wealth, and showing gratitude rather than ingratitude for his kindness .
The author concludes the first treatise by warning that the disintegration of the family harms the cohesion of the Muslim community at large .
Resolution of Marital Disputes
The second treatise addresses the causes and remedies of marital discord. It criticizes the impulsive recourse to threats of divorce, attributing this practice to ignorance of Islamic law .
The book outlines the staged steps prescribed in Islamic law to handle marital discord and recalcitrance (nushuz):
- Admonition and Guidance (al-wa'z): Reminding each party of divine accountability and mutual rights in a gentle manner .
- Bedside Estrangement (al-hajr fi al-madaji'): Turning away within the shared bed as a corrective measure, while emphasizing that this should not occur outside the bed, in front of children, or in public view .
- Disciplinary Measures: Used strictly as a corrective and reforming remedy rather than for vindictiveness or humiliation .
- Reconciliation and Arbitration (al-sulh wa-l-tahkim): When discord deepens or when a wife fears aversion from her husband, the book advocates mutual settlement or the appointment of two trustworthy arbiters—one from each spouse's family—to facilitate reform .
Jurisprudence of Divorce as a Last Resort
When all corrective and conciliatory measures fail, divorce is permitted as an exit from an unviable marriage . The author contrasts the regulated divorce according to the Sunnah (talaq al-sunnah) with innovated divorce (talaq bid'i) :
- Sunnah Divorce: Pronouncing a single divorce during a period of purity (tuhr) in which no sexual intercourse has taken place, or during pregnancy . This method allows intervals for reconsideration, and the prescribed waiting period ('iddah) serves as an opportunity to review the decision and potentially reconcile .
- Innovated Divorce: Divorcing during menstruation, pronouncing three divorces simultaneously, or divorcing during a period of purity in which intercourse occurred, all of which are prohibited and sinful, though effective according to the most sound scholarly views .
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