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to be divorced just because she gave birth to girls only ?I Family presure might also be brought to bear; many husbands had made divorce a means for harming wives. embezzling their money and forcing them to give up their rights. A husband could divorce his wife and get married to her again many times. It had been reported that a man from al-Anýgri. when he became angry with his wife, said to her: "I will not treat you as the husband treats his wife. and at the same time, I will not let you go away. " The wife asked. "How? " The man said. "I will divorce you, and as the interim period for divorce comes to an end. I will remarry you again, and I will keep on doing that. " And he had done that many times in order to embarrass her. 1 So divorce was an easy matter, a woman was just like a puppet in her husband's hands. He could play with her feelings, humiliate her. and divorce and remarry her whenever he liked without her being able to defend herself / and her life. And even more than that, 'before Islam, a husband could prevent his divorced wife from remarrying. and could drive a bargain for his consent to the application of a suitor. ' 2 When divorce took place, he secured her agreement written and endorsed by witnesses. When she had an offer of marriage from another man, she had to pay her ex-husband. and get this agreement for her to 3 marry another ma4, otherwise he could prevent her. This reflected the position of woman generally in the Peninsula in pre-Islamic, times. Although divorce and remarriage to the same woman was unlimited in some tribes as already seen. in Mecca and perhaps elsewhere. the husband could divorce his wife only three times. An account of this kind of divorce is related of Ismal 11 bin Ibrahim. 1- ýAll, Vol. 5, P*5509 2. Smith, OP- Cit-@ P- 115 3. Ibid. 4. See'All, Vol. 5, P. 550 4 37

A man could divorce his wife. remarry"her, divorce her for a second time and remary her again. 'However. once he divorced her for the third time. he could not remarry her again; in this case, the divorce was final. However, if the divorced woman got married to anoiher'man. ' who was called a 'Muhalill, her'ex-husband could get married to her after 'Muhalill had divorced her. ' However. this kind of practice was not welcome. Some Arabs used to divorce their wives without, allowing-them to get married to other men because of jealousy. Some Arabs had taken that so seriously, that whenever the divorced wife of one of them tried to get married to someone else, he threatened her and her people. In pre-Islamic times, a man used not to, pay a divorce settlement to his divorced wife --even in the final divorce., 3 Moreover'. a"divorced woman in that era had no interim period (i. e. that period that follows a woman's'divorce and during which that woman'cannot get maktied to another man. ) 'A woman in, paganism used'to marry akain immediately. If'she was pregnant when she was being divorced and got married to another man, when she gave birth, the baby was considered to be that of the new husband, although the new husband was then considered to be the legal guardian of the"baby, sometimes the baby might join his real father when he grew up. as mentioned 'The mother of the tribe conceived by one husband and was delivered of the bed of another. ' 5 38 2 Islam forbade this custom and it considers that 'the child belongs to the bed' as we shall discuss later. 1. Ibid. and al-Uu-6. P. 263 2, 'Ali. Vol. 5. P. 550 3. Ibid 4. Ibid 5. See Smith, P. 132 i

to be divorced just because she gave birth to girls only ?I Family<br />

presure might also be brought to bear; many husbands had made<br />

divorce a means for harming wives. embezzling their money and forcing<br />

them to give up their rights.<br />

A husband could divorce his wife and get married to her again<br />

many times. It had been reported that a man from al-Anýgri. when he<br />

became angry with his wife, said to her: "I will not treat you as<br />

the husband treats his wife. and at the same time, I will not let<br />

you go away. " The wife asked. "How? " The man said. "I will divorce<br />

you, and as the interim period for divorce comes to an end. I will<br />

remarry you again, and I will keep on doing that. " And he had done<br />

that many times in order to embarrass her.<br />

1 So divorce was an<br />

easy matter, a woman was just like a puppet in her husband's hands.<br />

He could play with her feelings, humiliate her. and divorce and<br />

remarry her whenever he liked without her being able to defend herself<br />

/ and her life. And even more than that, 'before Islam, a husband could<br />

prevent his divorced wife from remarrying. and could drive a bargain<br />

for his consent to the application <strong>of</strong> a suitor. ' 2<br />

When divorce took place, he secured her agreement written and<br />

endorsed by witnesses. When she had an <strong>of</strong>fer <strong>of</strong> marriage from another<br />

man, she had to pay her ex-husband. and get this agreement for her to<br />

3<br />

marry another ma4, otherwise he could prevent her. This reflected<br />

the position <strong>of</strong> woman generally in the Peninsula in pre-Islamic, times.<br />

Although divorce and remarriage to the same woman was unlimited<br />

in some tribes as already seen. in Mecca and perhaps elsewhere. the<br />

husband could divorce his wife only three times. An account <strong>of</strong> this<br />

kind <strong>of</strong> divorce is related <strong>of</strong> Ismal 11 bin Ibrahim.<br />

1- ýAll, Vol. 5, P*5509<br />

2. Smith, OP- Cit-@ P- 115<br />

3. Ibid.<br />

4. See'All, Vol. 5, P. 550<br />

4<br />

37

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