Download - University of Salford Institutional Repository
Download - University of Salford Institutional Repository Download - University of Salford Institutional Repository
Dowýy'in Pre-Islamic Arabia Arabs considered dowry a sine qua non for the validity of a marriage contract. If such a requirement was not met. they considered the marriage to be adultery or fornication. 1 ýMost Arabs had considered a dowry to be a token of a woman's nobility. The dowry was paid by the husband. Originally. it was intended to be for the woman herself to spend on her needs for the marriage home. However, her guardian sometimes took the wholeAlawry for himself in which case. it was called a daughter's Uiluian. Alternatively. the guardian might give some to the woman and keep the rest. That part which he kept was called the UiliW-a-n or Al-nafijah and they used to congratulate one another saying "May Allah bless your nafijah". Smith rightly explained that the dowry is paid by the husband to the bride's kin and indeed, the lexicographers. in explaining the odd formula 'hanian laka al naf1jah' used to congratulate a father on the birth of a daughter. in the times before Islam, say that the daughter was welcomed as an addition to her father's wealth. because when he gave her in marriage, he would be able to add to his flocks the camels paid to him as her mah, r. Although this suggest that a father needed to be consoled in this way for the birth of a daughter. it also shows the importance placed on receiving and enjoying a dowry. However. there were some kinds of marriage in which there was no dowry at all. An example of such marriages is the ShiCar marriage. which had no dowry because as explained earlier, it was an exchange marriage. 1* *Ali. 2, Ibid op. cit. Vol. 5, P. 525 3. See Smith. op. cit.. P. 96 , 2 31
49 Another example is the Zainah marriage. the marriage of a man to the womin taken captive by him. He had a right. even if she was. before captivity. married to someone else. (According to the Arab practice), captivity invalidated a man's rights to his wife. The man in Jahiliyyah had the right to recall the dowry he paid for his wife after her death. from her inheritance and if she did not leave any wealth or possessions behind, he could ask her family to return his dowry. Thai suggests that laws or customs in pre-Islamic Arabia were in many aspects biased against women* There is no evidence that there was a fixed amount of dowry at that time; it depended. to a great extent. on the husband's financial status. For example. the historical sources mentioned that Abd al-Mutalib bin Histiam-gave F; timah bint a Amr one hundred camels and one hundred pounds of gold as dowry. The procedure for determining the amount of dowry was as follows: the guardian of the bridegroom used to deliver a speech when they went to ask the girl's guardian for her hand, in which he explained all the aspects of the marriage agreement. and mentioned the dowry The girl's guardian answered in a similar speech which contained his acceptance of the bridegroom and his people. As it happened with the Prophet Muhammed, when he went with his uncle, Abr T; lib. asking for Khadijals hand, Abi Talib delivered the speech as the guardian of Muhamad, 2 The ceremonies and customs of the wedding -day were of great importance in pre-Islamic Arabia. On such an occasions boys competed with each other. playing with spears. racing horses. gambling (which was one of their favourite games)# 1. a Afrd'. al-Marlah al! Arabiyyah fr J; 7hiliyytih; we IslZnih (The Arabian Woman in her Jahiliyyah and Islam)s Vol. It P. 158 2. Ibn Hishýam. Vol. 1, P. 174. 32
- 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 and 26: ut also among the Hebrews and Arame
- Page 27 and 28: that The fact is/ this marriage doe
- Page 29 and 30: elated to the economic and social c
- Page 31 and 32: However. Islam forbade this kind of
- Page 33: How was the wife treated Most of th
- 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
- Page 77 and 78: Marriage in Islam The family is the
- Page 79 and 80: A tradition reported that. "when a
- Page 81 and 82: I. The first kind includes those wo
- Page 83 and 84: 2. Also. Islam has forbidden a man'
49<br />
Another example is the Zainah marriage. the marriage <strong>of</strong> a man to the<br />
womin taken captive by him. He had a right. even if she was. before<br />
captivity. married to someone else. (According to the Arab practice),<br />
captivity invalidated a man's rights to his wife.<br />
The man in Jahiliyyah had the right to recall the dowry he paid<br />
for his wife after her death. from her inheritance and if she did<br />
not leave any wealth or possessions behind, he could ask her<br />
family to return his dowry. Thai suggests that laws or customs<br />
in pre-Islamic Arabia were in many aspects biased against women*<br />
There is no evidence that there was a fixed amount <strong>of</strong> dowry at<br />
that time; it depended. to a great extent. on the husband's<br />
financial status. For example. the historical sources mentioned<br />
that Abd al-Mutalib bin Histiam-gave F; timah bint a Amr one hundred<br />
camels and one hundred pounds <strong>of</strong> gold as dowry.<br />
The procedure for determining the amount <strong>of</strong> dowry was as follows:<br />
the guardian <strong>of</strong> the bridegroom used to deliver a speech when they<br />
went to ask the girl's guardian for her hand, in which he explained<br />
all the aspects <strong>of</strong> the marriage agreement. and mentioned the dowry<br />
The girl's guardian answered in a similar speech which contained<br />
his acceptance <strong>of</strong> the bridegroom and his people. As it happened<br />
with the Prophet Muhammed, when he went with his uncle, Abr T; lib.<br />
asking for Khadijals hand, Abi Talib delivered the speech as the<br />
guardian <strong>of</strong> Muhamad,<br />
2 The ceremonies and customs <strong>of</strong> the wedding<br />
-day were <strong>of</strong> great importance in pre-Islamic Arabia. On such an<br />
occasions boys competed with each other. playing with spears.<br />
racing horses. gambling (which was one <strong>of</strong> their favourite games)#<br />
1. a Afrd'. al-Marlah al! Arabiyyah fr J; 7hiliyytih;<br />
we IslZnih (The<br />
Arabian Woman in her Jahiliyyah and Islam)s Vol. It P. 158<br />
2. Ibn Hishýam. Vol. 1, P. 174.<br />
32