Social Scientist. v 4, no. 43 (Feb 1976) p. 72.


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72 SOCIAL SCIENTIST

happened. Here is the child and it is the son of such and such a person9^. She named whatever person she liked and then he could not refuse and took the child for his son and the woman for his wife. There was also a fourth form of marriage. A number of men came to visit a woman and she could not refuse. These women were prostitutes and had a flag planted at their door. Many persons entered her house and had intercourse with her. When she delivered a child, she called them before her and pointing towards the features of the child, named one of them as its father. Then he had to take the child and she became his regular wife. The social implications of this custom of female infanticide implied marriage by capture. There was also the custom of carrying off the girls in wars as wives or concubines.5

Besides, if a man from another tribe seduced a married woman he committed no unlawful or dishonourable act. Poets constantly boasted of their amorous adventures6. There was also in vogue the custom of purchasing the bride. The bridegroom was supposed to make payment to the girPs father or kinsman. Mohammed rejected some of the prevailing customs and introduced modifications. For example, the marriage by capture was prohibited, placing the emphasis on the bride's consent. It is borne out by the cases of the daughter of the tribe ofTayy, and of Sukayana, daughter of the Prophet's own grandson Husayu. Umm Salma parted from her husband when she found that he had a liaison with a slave girl.7 The other three kinds of marriages mentioned by Ayesha were also forbidden by the Prophet.

Mohammed advised Muslims to marry virtuous women who are believers, and after providing for their dowry, to live chastely with them in wedlock, neiiher fornicating nor getting into other secret liaisons.8 In choosing a woman for wife, the greatest consideration, he said, should be her righteous living rather than wealth, family status or beauty. The Koran permits polygamy but enjoins that one should act equitably, which meant equality of affection for all wives. Mohammed permitted muta (temporary marriage) but prohibited it during the campaign of Klugber.

Divorce and Inheritance

The Prophet provided for divorce as a right to be exercised by both parties to the marriage. The husband was given the liberty to divorce his wife any time he wanted. He will have only to follow the particular procedure laid down by the Koran and other legists. The wife also has a right to separation (khuld) on grounds of ill-treatment, genuine aversion, refusal to provide sustenance, change of religion, impotence, wilful desertion or prolonged absence.8

While freedom of separation is granted to both husband and wife the former has more of it as he does not have to give reasons for divorce. It should, however, be pointed out that the Prophet declared, "of all things permissible the most displeasing to Allah is divorce".

On the death of Khadija, Mohammed did not get any share other



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