SAVING THE WORLD: The Family as the Hope for the Future

THE FAMILY CHARTER

The Family Charter was drafted together by Union of NGOs of the Islamic World UNIW (İDSB İslam Dünyası STK'ları Birliği) and the International Union of Muslim Scholars الاتحاد العالمي لعلماء المسلمين‎‎ (al-Ittiḥād al-ʻĀlamī li-ʻUlāmāʼ al-Muslimīn) at the Family Charter International Conference 6^th April 2016 in Istanbul.

The Family Charter (edited and enhanced)

Preamble

The family is the first incubator for human development and ensures the natural sustainability, preservation and continuity of humankind. Society today needs to revitalise customs and practices, and uphold good values in order to preserve the family bond and family values, to protect it from loss and degradation.

In these times, the family is confronting dour challenges, enormous threats and faces an array of strains and stresses from many domains that may cause a collapse of an important and vital core social institution of a healthy and vibrant society.

Conventions, treaties and laws are being introduced and pushed through which influences norms, education, culture and social action which affects and intrudes negatively into Islamic society and the family. Islam places great importance on the establishment of a family according to the teachings of the religion, with laws and ethical values instituted to protect and preserve the sanctity of the family.

The general principles of the Family Charter are consistent with universal human nature, common human decency and heavenly laws as confirmed by Islamic Sharia. The principles are compatible with multiculturalism and respects the United Nations Charter.

Chapter 1:           The Concept of the Family and its Objectives

Article 1:              The Concept of The Family

The family starts with and is a social unit which consists of a male and a female, as husband and wife, bound by a consensual legal marriage based on justice, kindness, cooperation, consultation, affection and mercy.

Article 2:              The family consists of spouses and their children, if the have any.

Article 3:  The Purposes of the Family

3.1          Chastity of the married couple and safeguarding honour and dignity of the household

3.2          Protection, posterity and wellbeing of children and progenies, care for health, physically,          sociologically and psychologically

3.3          Survival and continued existence of humankind

3.4          Attaining peace, tranquillity, psychological stability, compassion and mercy

3.5          Building and fostering a safe, secure and stable human society

3.6          Fulfil the needs of family affiliation and humane attachment

Chapter 2:           Elements of the Family and its Functions

Article 4:              The family is based on:

4.1          Equity and balance between the rights and obligations of the husband and wife, in order to      achieve justice, charity and fairness.

4.2          Equality in the origin of creation, equal standing and opportunities in social, legal, civil and    financial status and position

4.3          Decisions through consultation, compromise and conciliation.

Article 5:              The family’s functions   

5.1          To contribute to the overall development whether intellectual, social, economic and political

5.2          To safeguard the physical and moral welfare of family members, assets, property and                belongings.

5.3          To provide conditions suitable for psychological stability and health for all its members

5.4          To develop mental, physical, psychological and emotional wellbeing, cultivate educational      and life skills, accommodate healthy entertainment and recreation

Chapter 3:           Children and their rights within the family

Article 6:              Definition of Children

Childhood is from birth to adulthood

Article 7:              The child’s rights within the family consist of:

               

7.1          The right to live, survival and free from harm or abuse, beginning with its existence as a           foetus.

7.2          The right to affiliate with his biological parents and to belong to a religious, cultural and          cultural identity.

7.3          The right to breast feeding as long as it is not detrimental to the child’s wellbeing and the         mother’s health.

7.4          The right to custody under the auspices of comprehensive care in all material and moral          affairs, where this right extends to in the case of divorce and separation.

7.5          The right to alimony, food, drink, clothing, housing, education, medical treatment, entertainment and everything required as customary and habit, where this right extends to in the case of divorce and separation, providing all the needs of children.

7.6          The right of having a proper and trustworthy guardian safeguarding the child, his wealth and property.

7.7          The right to protection from all harm, safe from physical, material and moral assaults, safe from exploitation and illegal acts, safe from sexual abuse, human trafficking and forced deportation or coerced displacement.

7.8          The right to nurture moral values of sound doctrine.

7.9          The right to education, holistic, spiritually balanced, with imbued national belonging, humanitarian values and mutual aspiration for peace.

7.10        The right to nurture self reliance, and the elevation of the soul and the psyche

7.11        The right in upbringing chastity, avoiding deviant behaviour, rejecting illegitimate intimate liaisons and sexual relations outside of marriage, and the right to be thought awareness and the dangers of such illicit affairs

Chapter 4:           The Extended Family

Article 8: 8/1:     An extended family extends beyond the nuclear family to include grandparents and other relatives.

8/2/1:                    It is based on kinship and benevolence.

8/2/2:                    It provides material and moral care, and social solidarity especially for the needy, the elderly and people with special needs.

8/2/3:                    It ensures a decent life for people with special needs.

8/2/4:                    It acts as a mediator.

8/2/5:                    It treats relatives with kindness, reconciles in case of disputes and supports people in good times and bad times.

Chapter 5:           The Family System

Article 9:              Marriage is a legally sanctioned contract between a man and a woman, and it is the only way to establish a family.

Article 10:            The marriage contract is based on free choice and compromise between a man and a woman, living in legitimate cohabitation and engaging in mutual kindness.

Article 11:            The marriage contract stipulates that both spouses shall be competent and capable to bear responsibility.

Article 12:            The marriage contract shall have reciprocal rights and duties that must be fulfilled.

Article 13:            The husband shall bear all family expenditures based on his capabilities; however, it would be the wife’s benevolence and kindness to contribute to the family expenditure.

Article 14:            The family is the foundation of the community where its management is a shared responsibility of the husband and the wife. The husband shall bear the prime responsibility and carry out family matters within the scope of consultation and compromise, with justice, wisdom, love and living together.

Article 15:            The management of family matters is based on balance, equity and integration of roles.

Article 16:            The distribution of rights and duties within the family take into account the individuals’ innate differences based on equality and in the scope of mutual respect, rejecting inferiority or contempt.

Article 17:            The right of parents to be treated with kindness, righteousness and care by their children.

Article 18:            All forms of injustice and arbitrariness are forbidden among family members.

Article 19:            Documentation of marriage contracts must be in order to ensure and guarantee the rights contained in marriage.

Chapter 6:           Termination of Marital Relationship

Article 20:            The basic principle of marital relationship should be on the intention of lasting continuity. Divorce is resorted to only in the case of non-sustainability and after exhausting all ways, stages and processes in saving the marriage.

Article 21:            In the event of divorce, it should be carried out lawfully and benevolently. When the continuation of the marital relationship cannot be sustained, the husband has the right to divorce kindly. The wife has also the right to ask for divorce.

Article 22:            Upon the onset and occurrence of disagreement and discord, and before divorce proceedings, two referees shall be appointed from the husband’s side and the wife’s side respectively to mediate the conflict for the purpose of reconciliation.

Article 23:            Upon divorce, its status shall be determined, its requirements shall be cared for virtuously and the rights incurred by family members shall be preserved.

Chapter 7:           The Responsibility of Government and Civil Institutions for Family Protection

Article 24:            The responsibility of the government consists of the following:-

24.1                        Providing constitutional and legal protection for the family.

24.2                        Engaging and involving bona fide social organizations in solving family problems.

24.3                        Providing women and children with residential shelter and support, preventing homelessness and being neglected in the event of divorce or death.

24.4                        Caring after children’s interests in pursuing their studies and to satisfy their physical and moral needs.

24.5                        Supporting family culture to achieve family happiness, and guaranteeing stability and continuity.

24.6                        Facilitating civil society institutions to help people prepare for marriage life and family life, and to provide family guidance centres and set up institutions of reconciliation.

24.7                        Encouraging and assisting marriages

Chapter 8:           Inheritance, Last Will and the Prescribed Period

Article 25:            Inheritance is based on justice, integrity and responsibility

Article 26:            The deceased’s capital shall be distributed among those who deserve it, and it shall not deprive any inheritor the right of inheritance and its disposal.

Article 27:            The last will shall be done as a courtesy, and to fulfil the law.

Article 28:            Divorced women and those whose husbands have died shall preserve the lineages and shall care for their wellbeing and reputation.

(This version is edited, enhanced and adapted from the original draft for clarity and coherence)