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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
- Page 1 and 2: THE CHANGING POSITION OF WOMEN IN A
- Page 3 and 4: ACKNOWLEDGMENTS I would like to exp
- Page 5 and 6: INTRODUCTION The Islamic and Arabic
- Page 7 and 8: The status of women in Islamic and
- Page 9 and 10: civilization or of both combined. S
- Page 11 and 12: funcultivatable valley', although i
- Page 13 and 14: 2) The second source of support was
- Page 15 and 16: and would not take them captive, be
- Page 17 and 18: fight Muslims; not satisfied with t
- Page 19 and 20: From the Qurlan, we know that she w
- Page 21 and 22: would not marry at all unless she h
- Page 23 and 24: unequal match. "If you can't find a
- Page 25: ut also among the Hebrews and Arame
- Page 29 and 30: elated to the economic and social c
- Page 31 and 32: However. Islam forbade this kind of
- Page 33 and 34: How was the wife treated Most of th
- Page 35 and 36: 49 Another example is the Zainah ma
- Page 37 and 38: 'Excepýi for rare cases in countri
- Page 39 and 40: ArZý; The wife of Shai used to dis
- Page 41 and 42: A man could divorce his wife. remar
- Page 43 and 44: women as the Qurlan says: For those
- Page 45 and 46: divorce. the man takes compensation
- Page 47 and 48: The Woman's Inheritance in Pre-Isla
- Page 49 and 50: among his children. giving to a mal
- Page 51 and 52: asking him to bring his mother, Lay
- Page 53 and 54: Burying Daughters Alive In Pre-Isla
- Page 55 and 56: 2. The second motive was the fear t
- Page 57 and 58: "But infanticide was not a new thin
- Page 59 and 60: Or was it at any' specific age ? Th
- Page 61 and 62: some mothers must have felt that it
- Page 63 and 64: So it is not surprising that the tw
- Page 65 and 66: 0 The Qurlan caýe prohibiting this
- Page 67 and 68: CHAPTER TWO In the previous chapter
- Page 69 and 70: Ia I "As to the thief. male or fema
- Page 71 and 72: to defend the tribe or bring in boo
- Page 73 and 74: For the majority of Arab men, this
- Page 75 and 76: the Islamic system for sharing out
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