1.

Define Family

The lexical meaning of the Arabic word ‘usra’ [family] is derived from the words denoting
unity, closeness and protection. The word refers to a group of people connected together through
close ties that keep them together and maintain their unity. Families vary with the variation of
the ties that hold them together. For instance, what connects a hospital family is caring for the
sick, what connects an educational family is the pursuit of knowledge, what connects a clan is
kinship and tribalism, and what connects the international family is the constant effort to achieve
international interests and fend off any conflicts. The Islamic concept of the family is a group that
emerges from the unison of man and woman through a marriage contract and the children that
are born from it.’

The family is a human social group whose members are bound together by the bond of
blood ties and/or marital relationship. The family bond entails mutual expectations of rights and
obligations that are prescribed by religion, enforced by law, and observed by the group of
members. Accordingly, the family members share certain mutual commitments. These pertain to
identity and provision, inheritance and counsel, affection for the young and security for the aged,
and maximization of effort to ensure continuity of the family.

2. Define Cognate, agnate and collateral

• Cognate
1. (a.) Allied by blood; kindred by birth; specifically (Law), related on the mothers side.
2. (a.) Of the same or a similar nature; of the same family; proceeding from the same stock or root; allied;
kindred; as, a cognate language.
3. (n.) One of a number of things allied in origin or nature; as, certain letters are cognates.
4. (n.) One who is related to another on the female side.

AGNATES:

When two persons are related to each other by blood or adoption but wholly through males,
they are said to be agnates of each other. For example, a person is an agnate of his father’s
brother’s son. It has been held that being related by blood does not mean being related by birth.
Hence ‘agnate’ also includes relations by marriage. Therefore a father’s brother’s widow is an
agnate of the deceased and entitled to his property. Similarly a father’s brother’s daughter
would be an agnate.

COGNATES:

When two persons are related to each other by blood or adoption but not wholly through
manes, they are said to be cognates of each other. For example, A’s father’s sister’s son would
be a cognate of A. Similarly, A’s brother’s daughter’s son would be A’s cognate. It has been held
that whenever a relationship of a person with another female (or more than one female)
intervenes any where in the line, one is a cognate to another. Thus the daughter’s son and
daughter and son’s daughter’s son and daughter are cognates.
AGNATES:
Relations whose chain of relationship to the propositus can be traced uninterruptedly through males.
in other words:
Agnates is a relation, who is related to the deceased wholly through MALES.
For Example: son, Son's son, Son's son's son, son's daughter, farther's mother.
there must be a male in the start of each line of relation. Hence, it will be held as Agnates.

COGNATES:
The relations in which , when a person id related with the deceased through one or more female link, the relation is
said to be as COGNATES.
For Example: daughter's son, sister's son, sister's daughter.

Agnate.— One person is said to be an ‘agnate’ of another if the two are related
either by blood or adoption or wholly through males. [Section 3 (I) (a) of Hindu
Succession Act]. The agnatic relation may be male or female. It must be
remembered that the relationship referred to here is relationship by blood and
not by marriage. Thus the ascendants and descendants of a Hindu in the male
line of succession or those who come in the family by adoption through males
are agnates. Thus one’s father, grandfather, etc., in the ascending line; uncle’s
son etc., in the collateral line or son, grandson in the descending line are
agnates.

Cognate.—One person is said to be “Cognate” of another if the two are related

by blood or adoption but not wholly throuL, nales. [Section 3 (1) (c) of Hindu
Succession Act]. A person is said to be cognate of another if the two are related
through a female/Vet/ache/a v. Subrarnania, (1921) 48 I.A. 349/’ such as
sister’s son or daughter’s son. This class includes relationship by marriage.

collateral

relative is any blood relative who is not your direct ancestor. So your ancestors are your parents,
grandparents, great-grandparents, etc., and your collateral relatives are cousins, nieces, nephews, aunts,
uncles, siblings, etc.

3. Difference between
a. Marriage by purchase and by inheritance
Marriage by inheritance,"a widespread custom throughout Arabia, including Medina and Mecca".This
practice involved the possession of a deceased man's wives (When a man died, his son inherited all
his wives except his own mother) being passed down to his son. In such a case, the son has several
different options. He could keep them as his wives, arrange a marriage by purchase for them to
enter into from which he would receive a dowry for them, or he could simply dismiss them. In these
cases, as in the majority of marriage practices at this time, the woman had little or no rights and was
subjected to follow the orders or her inheritor.[4]

b. Mut’ah and Experimental Cohabitation

c. Errebu and Istibda Cohabitation

4. Explain why marriage is a religious duty, moral safeguard and social necessity

It is a social necessity because through marriage, families are established and the
family is the fundamental unit of our society. Furthermore, marriage is the only
legitimate or halal way to indulge in intimacy between a man and a woman.

Islam takes a middle of the road position to sexual relations , it neither condemns it
like certain religions, nor does it allow it freely. Islam urges us to control and regulate
our desires, whatever they may be so that we remain dignified and not become like
animals.