Tuesday February 9, 2010

Good family governance the Quran way

IKIM VIEWS
By PROF DATUK Dr ZALEHA KAMARUDDIN
DEPUTY DIRECTOR GENERAL, IKIM

From the family unit to community and the government, reliance on Quran-based theories provides many advantages.

IN THE continuing debate on social and moral stability in modern Malaysia, the family unit is consistently a prominent focus.

Despite the wealth of other institutions which create and reinforce values and behavioural norms – schools, work, peer groups, the mass media – the family is still regarded as the fundamental focus and agent of socialisation.

Most scholars have acknowledged that all over the world today, the family institution has undergone radical transformation in response to the changing socio-economic environment.

It is in this context, good family governance is considered a crucial element for peace and development of societies. This is a must so as to ensure that the basic unit of society is protected from destruction.

How do we develop a model of good family governance appropriate for contemporary families? There are a range of approaches but a reliance on Quran-based theories holds a number of advantages.

Another important basis would be that the distribution of power and resources within the family will shape those of the larger community.

The family serves as one of society’s primary sources of moral education. It is in the family that we first encounter issues involving power and justice.

In the past, the Malay Muslim societies through the practice of Adat Perpatih and Adat Temenggung, put the position of primary authority in a family on the man as head of the household. The Malays’ image of their society is such that the husband is regarded as the primary authority.

This concept relates to the notion based on the Quran where Allah has created man as khalifah (vicegerent). He has endowed man with reason, physical and intellectual capabilities and knowledge. These potentials are given to man as a trust (amanah).

Ibrahim Zein (2008) has pointed out that man as khalifah is supposed to have acquired better judgment and self control to understand divine guidance.

He highlighted the concept of amanah which determines the individual’s relationship with the family, society, state, and government and humanity at large.

Applying the same concept as stated by the Quran on amanah as the cornerstone to the establishment of institutions to govern society, the family as the smallest unit of society would be the first institution to practice it.

This idea is founded on the fact that Surah Al-Nisa’ (the Women), which deals with good governance, describes the idea of absolute human equality in the context of the family.

In the family, the legally married man and wife are entrusted with the amanah of raising their children by providing maintenance, care, and education. The Quran in many of its ayats reminds mankind that when amanah is fulfilled, it would bring good to himself.

The concept of khalifah, which is governance at individual level, encompasses values of amanah, and adalah (just) as the essence of Quranic guidance on good governance.

The Quran revealed that amanah must be fulfilled with adalah. In dealings with other humans, justice should be implemented no matter what. The khalifah need to honour the amanah and implement justice.

Another important component for good family governance would be shura (consultation among family members).

The Quran emphasises this in various issues of governance. The values attached to shura underlines the participation of all members of the family.

Ta’ah (obedience) is one of the elements that is important to the concept of khalifahship but it is related to ‘ikhtilaf (disagreement) in reference to the leader which subsumes ta’ah.

Extending these explanations in the context of the family, the man as head of the household has a contract with his family through the trust given to him by his family members to fulfil that trust. This responsibility is heavy and would necessitate cooperation from his family members through shura.

The community as a whole also becomes responsible for the accomplishment of the trust.

However, no meaningful, extensive and long lasting cooperation is possible without any effective governance. Extension of this would be another alternative mechanism for effective governance, i.e. through law.

However, understanding the role of Shari’ah, its new approach, and the ways in which Hukum Syara’ is codified into law, and how best courts interpret the law, pose important questions requiring careful articulation.

This is especially true in cases where justifying the autonomy of the family, we could no longer rely on the tradition of the past, where it is said that the Muslim government had a very limited function.

The reason for this is simply because the Muslims were spread out over such a wide territory that the state then could not reach them. Others also opined that Islamic government is a very limited one.

First, not every aspect of Islam is entrusted to the government to enforce. It is assumed that it is the nature of a unitarian religious order of society that the individual should enjoy a wide degree of autonomy. Moreover, not everything is practically capable of enforcement through law.

The present Islamic Family Law Act 1984, is a codified law containing provisions which are Shari’ah compliant in the sense that their sources are from the Quran and Sunnah.

The Shari’ah attaches great importance to fulfilment of the Muslim’s obligation towards their legal government and considers it as a religious obligation.

However, no policy can be called Siyasah syar’iyyah unless it observes the limits of moderation, which errs neither toward severity not to laxity, for both will lead to injustice and the loss of rights.

The state therefore must be extra careful in its intervention because it has to ensure the existence of equilibrium for a reasonable balance between the autonomy of the family and the state, and also understand the extent of the role that religion plays in public life.

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