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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

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

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