And providing every woman and man with feminine and...

And providing every woman and man with feminine and masculine qualities has no purpose but procreation of same offspring and permanence of human species. Hence marriage is founded on this reality, and all rulings of marriage revolve also round this very reality.[^5] After showing this goal he goes on by criticising other viewpoints and opinions, saying. “The nowadays rules and laws of marriage have been enacted on basis of co­operation between woman and man in managing the living affairs.

Hence, marriage contract is a kind of partnership in life whose scope or extent is smaller than the urban community.

On this basis, the modern laws do not interfere in the chastity rulings which being legislated in Islam.”[^6] He holds this theory to be inconsistent with the human temperament and natural disposition, and says: If the purpose of marriage be such a reality, it can be established between two individuals of one sex, and family also would have never been in need of such laws and regulations.[^7] Seemingly this viewpoint, which is laid forth by Al­ Ghazaali and his predecessors, is vulnerable to criticism due to the following reasons: There is strong stress in the Qur’an on matter of tranquillity and relief, and in two verses it stated that the objective of creating woman and man being to find rest and calmness.

If the issue of marriage and matrimony be founded on procreation alone with no other purposes in view, there will be no difference between an animal and man. Because the animals produce the same kind and their offspring can survive though they neither commit themselves to a family and its system nor requiring specific regulations. He “Al­ Ghazaali” himself considers, in another place, procreation of kind and permanence of offspring “Nasl” to be philosophy of marriage not its cause ”'illah”.

Therefore he counts getting married to barren and menopausal woman as something permitted.[^8] Nevertheless, no one can accept the one ­sided viewpoint in respect of marriage, whether multiplication of generation or other purposes be taken into consideration as aim of marriage. Rather we believe that marriage contract in the Islamic Shari'ah seeks to achieve several aims, all of which being intended by the Islamic Lawmaker.