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So in that case, no guardian was required. The wife, might receive a gift from the husband as a'price for her consent. - "It was a marriage that no one need know anything about. The children, in that case would be considered legitimate, but they would keep their mother0a name because "they might not see their father again. " 1 It was a purely temporary marriage and the contract specified for how long it should hold. 2 At the end of the specific period, both of them'were free to do-whatever they wanted. In fact, "Nawawi says that no right of inheritance followed from Mutla marriage. " 3 Islam condemns it and makes'it "the'sister of harlotry. " because it does not give the husbandýthe-legitimate offspring. It is not really's marriage, but-a"sexual'relationship between a man and a woman-for a period of time. There is' evidence* that, this * kind of Altogether different marriage existed in pre-Islamic Arabia. /is-the story of Salama bint Amr who promised that she would not be married to any one- except on condition that she should be her own mistress and-separate from him'when she pleased. - 6 Another story, which contained-the same conditions was the story of Uam IM; rija. a woman who contracted- marriages in more than twenty, tribes, and is represented as living among her sons, who'therefore had not followed their respective fathers. 71 In'general. - this'kind did not give the Arabian woman-any rights as a wife. because-it was a purely temporary'marriage, without any dowry or ceremony and there was nothing to protect the wife's rights*_ 1. See IA171,, op* cit,, Vol. 4, PýM7 2. See Levy, op. cit., P. 115 3. Smith, op. cit., P. 85 4, Ibid, 5. Ibid 6. Ibid 7. Ibid 5 23

that The fact is/ this marriage does not fulfill any 'of the'essential requirements of marriage and does not treat the woman as a wife in a long-lasting relationshipg and she has no dowry. ceremony, approval of kin and at the end of the period. shi was left alone while if she had a child. she was the one responsible'for all the burden of caring for it. 3. Nikah al-Muqt ý: This marriage also was called Nikah al Vayyzen which means "the hateful marriage" and Vaizan was an epithet of " reproach applied to a man who had made such a marriage. This marriage allowed a son to have his step-mother in marriage., after the 'death, of his father. Al-Tabar; - one of the -great commentators gave an explanation of this marriage : "In the Jahiliyyab, when's man's father or brother or son died and left a widow. the dead man's heir. if he came at once and threw his garment -over her, had the right to marry her under the dowry (mahr) of (i. e. already paid by)'. her (deceased) lord (sahib). or'to give her in "marriage, Or to take her dowry. But if she anticipated him and went off to her own peoples then the disposal of her hand belonged to herself. ' This custom shows that marital rights are rights of property, which could be inherited or sold. So. the eldest son would take his father's widow as a sign that he was taking her in marriage as a 'part of his inheritance after which he could keep or selther as he pleased. But the woman might be free if she went off to her own "people or if she paid her dowry to him, 2 in which caseg his right of inheriting her would lapse, Moreovere sometimes the heir. instead of taking the woman to 1. al-Tabatl, Vol. 3, P. 219, quoted by Smith. op. cit. $ PO 109 2o Ali: opo . cito. -Volo 4. P. 535 24

So in that case, no guardian was required. The wife, might receive<br />

a gift from the husband as a'price for her consent. - "It was a<br />

marriage that no one need know anything about. The children, in<br />

that case would be considered legitimate, but they would keep<br />

their mother0a name because "they might not see their father<br />

again. " 1<br />

It was a purely temporary marriage and the contract<br />

specified for how long it should hold.<br />

2<br />

At the end <strong>of</strong> the<br />

specific period, both <strong>of</strong> them'were free to do-whatever they wanted.<br />

In fact, "Nawawi says that no right <strong>of</strong> inheritance followed from<br />

Mutla marriage. "<br />

3<br />

Islam condemns it and makes'it "the'sister <strong>of</strong> harlotry. "<br />

because it does not give the husbandýthe-legitimate <strong>of</strong>fspring.<br />

It is not really's marriage, but-a"sexual'relationship between a man<br />

and a woman-for a period <strong>of</strong> time. There is' evidence* that, this * kind <strong>of</strong><br />

Altogether different<br />

marriage existed in pre-Islamic Arabia. /is-the<br />

story <strong>of</strong> Salama<br />

bint Amr who promised that she would not be married to any one-<br />

except on condition that she should be her own mistress and-separate<br />

from him'when she pleased. - 6 Another story, which contained-the same<br />

conditions was the story <strong>of</strong> Uam IM; rija. a woman who contracted-<br />

marriages in more than twenty, tribes, and is represented as living<br />

among her sons, who'therefore had not followed their respective<br />

fathers.<br />

71<br />

In'general. - this'kind did not give the Arabian woman-any rights<br />

as a wife. because-it was a purely temporary'marriage, without any<br />

dowry or ceremony and there was nothing to protect the wife's rights*_<br />

1. See IA171,, op* cit,, Vol. 4, PýM7<br />

2. See Levy, op. cit., P. 115<br />

3. Smith, op. cit., P. 85<br />

4, Ibid,<br />

5. Ibid<br />

6. Ibid<br />

7. Ibid<br />

5<br />

23

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