Marriage and religion

"O ye who believe! When there come to you believing women refugees, examine (and test) them: Allah knows best as to their Faith: if ye ascertain that they are Believers, then send them not back to the Unbelievers. They are not lawful (wives) for the Unbelievers, nor are the (Unbelievers) lawful (husbands) for them. But pay the Unbelievers what they have spent (on their dower), and there will be no blame on you if ye marry them on payment of their dower to them. But hold not to the guardianship of unbelieving women: ask for what ye have spent on their dowers, and let the (Unbelievers) ask for what they have spent (on the dowers of women who come over to you). Such is the command of Allah. He judges (with justice) between you. And Allah is Full of Knowledge and Wisdom."

"Today the good things are made lawful for you, and the food of the ones to whom the Book was brought is lawful to you, and your food is made lawful to them. And (so) are believing women in wedlock, and in wedlock women of (the ones) to whom the Book was brought even before you when you have brought them their rewards in wedlock, other than in fornication, neither taking them to yourselves as mates (i.e., girl-friends). And whoever disbelieves in belief, (i.e., the religion) then his deed has been frustrated and in the Hereafter, he is among the losers."

""And do not marry Polytheist women until they believe, And a believing slave woman is better than a Polytheist women, even though she might please you. And do not marry Polytheist men [to your women] until they believe. And a believing slave is better than a Polytheist men, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember"."

"According to Mahommedan law, a man mat lawfully marry a kitabeeah, but marriage with a Pagan or polytheist is unlawful. But the principle in Mahommedan law is, that when one of the parties turns to a state of religion that would render the marriage contract illegal if it were still to be entered into, what was legal before is made void. A Mahommedan woman, becoming a kitabeah, does not render the marriage void, for there is nothing to render the marriage contract illegal if it were still to be entered into; but if the Mahommedan woman becomes an idolatress, the marriage is void, for the woman has turned to a state of religion that would render the marriage contract illegal if it were still to be entered into; a Mahommedan woman, becoming a Christian, consequently, would not be separated from her husband, because she belongs to the religion of the book, that is a kitabee faith. If a kitabeeah becomes an idolatress, the marriage is dissolved, but if she change from one religion to another, and still remain a kitabeeah, the marriage is not vitiated..."So far as regards a woman's apostatizing to a kitabee faith, this holds good; but if a woman turns to Paganism ipso facto the marriage is void, and does not depend upon the volition of the husband (having regard to the principle we have adverted to above), so that the husband under such circumstances could not maintain a suit for conjugal rights, ... By Mahommedan law, a marriage by a female Moslem with a man not of the Mahommedan faith is unlawful; applying the principle quoted before, the man having turned to a state of religion that would render the contract illegal if it were still to be entered into, the marriage is void. The apostasy of the husband dissolves the marriage tie; consequently there does exist an essential difference between apostasy of a man and of a woman, of the apostasy of the husband or the wife; also between apostasy to a faith in a book, that is, a revealed religion having a book of faith, and apostasy to the idol worship Mahommed and his followers renounce."

"In one respect alone Jahangir deviated from the policy of his father: he did not permit people to embrace Hinduism even of their own free will. He severely punished Kaukab, Sharif and Abdul Latif who, under the influence of a Sanyasi, showed inclination for Hinduism. This policy would have stopped any erosion of Muslim numbers. Besides, while on a visit to Kashmir, when he learnt that the Hindus and Muslims intermarried freely, “and both give and take girls (he ordered that) taking them is good but giving them, God Forbid”. And any violation of this order was to be visited with capital punishment. This indeed was in accordance with the Islamic law. As per the Shariat law a Muslim may marry a Jewess, or a Christian, or a Sabean, but “a marriage between a Musalman and... a Hindu is invalid”. Similarly, it “a female Muslim cannot under any circumstances marry a non-Muslim”. May be it was because of this that Akbar discouraged all kinds of intercommunal marriages. ..."

"Shah Jahan was an orthodox Muslim. In 1632, while returning from Kashmir, he found that some Hindus of Rajauri, Bhimbar and Gujarat accepted Mushm girls as wives and converted them to their own faith. The emperor stopped such marriages and Muslim women, already married, were seized from their husbands who were fined and, in certain cases, even executed. They could retain their wives only on their embracing Islam. As many as 4,500 such women were recovered. In 1635, it was reported to the emperor that a Muslim girl, Zinab, had been converted, given the new name of Ganga and was taken as a wife by Dalpat, a Hindu of Sirhind. The woman, along with her seven children—one son and six daughters—was taken away and the man was executed. Kaulan, a daughter of the qazi of Lahore, had also run away from home, embraced Sikhism and taken shelter with Guru Har Govind, who immortalised her by constructing a new tank at Amritsar named after her, Kaulsar. (311ff)"

"The thing which is lawful but disliked by God is divorce."

"The woman who asks her husband to divorce her without a cause, the smell of Paradise is forbidden her."

"There are three things which, whether done in joke or in earnest, shall be considered serious and effectual, namely, marriage, divorce, and taking a wife back."

"Every divorce is lawful except a madman's."

""Cursed be the second husband who makes the wife (divorce) lawful for her first husband, and cursed be the first husband for whom she is made lawful." - (Mishkat, xiii, c xv.)"

"Whenever attention is drawn to the absolute and inhuman power that the Shariah gives to the husband to throw his wife out, to terrorize her into submission, the apologists say, ‘That is just a smear. Allah and the Prophet have declared repeatedly that of all things, talaq is the worst.’ They have indeed. ... That is all very well. But, having recounted such declarations, the apologists never explain how that which is the most detestable thing has been made so easy for the husband! For, while in theory talaq is said to be so abominable to Allah, in practice the position is entirely the opposite. The jurists repeat the counsel that divorce is something from which one should abstain. But this is just counsel. As to the power, they are unanimous: it is a power which lies with the husband, and it is untrammelled. Should the husband choose to exercise it, no one, and no consideration can save the wife. The counsel itself has the caveat invariably built into it, a caveat large enough to drive an elephant through it: you should not give talaq, the jurists say adding, except when there is need for it! In the typical instance, we read in Durr-ul-Mukhtar, one of the great works of Sunni jurisprudence, ‘And giving of divorce is permissible, according to all (the jurists) because the verses (of the Quran) are unconditional (in this respect). And it has been said by Kamal, that the most correct view is that one should abstain from it, except when there is need for it, for example, in cases of suspicion (about the character of the wife) and old age (of the wife)...’ and so on, each clause permitting that which the previous one had counselled against. In theory talaq may be abominable but in practice the husband has the power—the absolute, unconditional power, a power for exercising which he is not accountable to anyone on earth—to throw the wife out by just uttering the word ‘talaq’... The fatwas enforce these rules with the utmost rigour. They enforce two rules in addition: the rule that, faced with such a pronouncement, the wife has no recourse at all, there is no one, no authority which can intervene to save her as wife; and the rule that once she is thrown out she is entitled to no maintenance at all, save the minimum sustenance during three menstruations, that is she is entitled to nothing at all after three months are over."

"The rationale for throwing the wife out even in these circumstances is telling. It is set out in the Hidayah: The divorce of one acting upon compulsion, from threats, is effective, according to our doctors—Shafi’i maintains that it is not effective, because a person who is compelled has no option, and no formal act of law is worthy of regard unless it be purely optional: contrary to the case of a jester, who, in mentioning divorce, acts from option, which is the cause of its validity. Our doctors, on the other hand, allege that the person here mentioned pronounces divorce under circumstances of complete competency, (maturity of age and sanity of intellect), the result of which is that the divorce takes effect equally with that of a person uncompelled, for with him necessity (namely, the necessity of separation from a wife who may be odious or disagreeable to him) is the reason of its efficiency; and the same reason applies to the divorce of a compelled person, as he is also under necessity of divorce, in order that he may be released from the apprehension of that with which he was threatened by the compeller. The foundation of this is that the man alluded to has the choice of two evils; one, the thing with which he is threatened or compelled; and the other, divorce upon compulsion; and viewing both, he makes choice of that which appears to him the easiest, namely, divorce; and this proves that he has an option, though he be not desirous that its effect should be established, or, in other words, that divorce should take place upon it; nor does this circumstance forbid the efficiency of his sentence; as in the case of a jester; that is to say, if a man pronounce a divorce in jest, it takes effect although he be not desirous that it should; and so likewise the divorce of one who is compelled."

"The point is put in perspective on the very next page. If there is some doubt about a woman, the Fatawa-i-Rizvia rules, or if she is a sinner, or if she does not observe namaz, or if she has become old, then talaq given without detestation is proper and valid. In fact, in certain cases it is desirable to do so, says the Fatawa-i-Rizvia. The ulema hold, it declares, that if she does not observe namaz, then, even if he is unable to pay the dower, even then the husband should give the talaq. In certain circumstances it is proper to do so, the fatwa reiterates. For instance, if the mother and father order one to give talaq and if not doing so will upset them or if they will be put to hardship, then to give talaq is wajib, it is proper, even if she, the wife, is not in the wrong at all. Yes, in the Hadis it is said that talaq given without need or justification is detestable or prohibited, notes the fatwa. But if the husband gives it, it shall certainly be effective. His sinning and doing that which is detestable does not stop it from taking effect, it says. For instance, it is haram to give talaq during menstruation, it is disobedience of the hukum of Allah. But if it is given, it shall certainly take effect, the fatwa declares."

"In glaring contrast to the gloss which modern apologists try to put on the matter, Islamic jurists have faithfully followed the view of women embedded in the Quran and Hadis. They have enforced the true position: that the husband has absolute power in the matter of divorce; that he need assign no reason for throwing his wife out; that he owes the wife no maintenance beyond providing her the barest minimum in the three months following his pronouncement of talaq; and that the wife has no corresponding power. The apologists make much of the fact that in certain circumstances under Islamic law the wife can divorce herself—this, they say, is a unique facility which Islamic law alone gives to the wife. But they glide over two facts about the matter: the wife acquires this power only if the husband delegates it to her; and, the moment the wife exercises this power, that is the moment she dissolves the marriage by divorcing herself she loses even the meagre rights she would otherwise have had upon the dissolution of the marriage. Far from being a facility for the wife, the practice becomes a facility for the husband: by driving the wife to divorce herself, the husband is not only able to rid himself of her, he is able to rid himself of anything that might otherwise have been her due. The total inequality of the relationship is brought home by the hundreds of pages which the law books and the volumes of fatwas devote to what is called ‘Conditional Divorce’. In this form the husband makes the divorce contingent upon some act or event: the moment that act or event transpires, the wife is out."

"To begin with, the rulings of the jurists show that the husband has the total, absolute, unbridled power to tell his wife, ‘Unless you do “X”,’ or, in the alternate, ‘Unless you refrain from doing “Y”,’ ‘you are divorced’. A mere listing of the ‘X’ and ‘Y’ which the Islamic jurists have held to cause, unless complied with, full and final divorce, a mere listing of these takes one’s breath away. It shows that under the much-vaunted Islamic law of marriage and divorce, at a mere statement of the husband the wife must either reduce herself to totally submitting to the whim and fancy of the husband or stand divorced. She has absolutely no option in the matter. Indeed, once he has stated his whim or condition, the husband has no option either: he cannot ex post facto take pity or give in to the entreaties of the wife and let her stay unless she fulfils the condition he had laid down—unless she fulfils it, that is, as completely, and as fervently, and as promptly as he had specified."

"But, to proceed. In the rulings of which the foregoing are representative the wife can survive by submitting herself completely to the whims and fancies, the commands and worse of the husband. The rulings thus entail subjugation, complete subjugation, but only subjugation. At least there is something the wife can do—namely, submit herself completely to the husband’s whims and wishes—to keep herself from being thrown out on the street. The next set of rulings entail much more—they reduce the woman to a condition of terror. For the husband may by his mere statement—a statement he may make in anger, a statement he may make just to emphasize a point, and of course a statement he may make when he in fact wants to plunge the wife into terror—the husband can make the continuance of the marriage contingent on events over which the wife has no control whatsoever. In the face of the hundreds of rulings to this effect which Islam’s canonical law books contain, to maintain, as the apologists do, ‘No religion has given a higher place to women than Islam’, is not just ludicrous, it is chicanery. Three reasons alone explain how such assertions continue to be made, and continue to be repeated in our newspapers: first, hardly anyone among us looks up, or even knows about these rulings—although they are the very stuff of the fundamental books of Islamic jurisprudence; second, echoing, and adopting as one’s own the assertions of Islam’s champions is the way to be secular in India; and third, there is the power of terror—to recall that these rulings are what constitute the truth about the position of Muslim women is to open oneself to the terrorism of Islam’s champions. While reading the rulings, one should assess whether this kind of jurisprudence leaves any room for the kinds of reform that some would like to bring about by relying on ‘the principles of Islamic jurisprudence’ themselves."

"The question whether in the particular circumstance the wife shall stand divorced or not is ever so often put alongside the question whether in the analogous circumstance a slave would be freed or not: if in those circumstances, according to some previously settled ‘principle of Islamic jurisprudence’, the slave would be freed, the wife stands divorced; if in those circumstances the slave is to continue in bondage, the wife continues as wife.... That perceptual equivalence—between the wife and the slave—marks the Durr-ul-Mukhtar too. There is not a trace of concern for what shall pass on the wife. The concern is with the power of the husband, the concern is that he should not fall short of having his oath prevail."

"One can safely presume that Muslim women would want to be liberated from the extreme insecurity it foments as much as non-Muslim women would if the latters’ husbands had been given the same power. The Muslim husband can scotch any thought his wife may have of expressing support for reform by declaring, ‘If you ever question the Triple talaq rule, you will be thrice divorced.’ He can go further and have her demonstrate in favour of her continuing to live in bondage. He can say, ‘Unless you join the demonstration against the Triple talaq judgment (or the Shah Bano judgment, or whatever) on Wednesday, three talaqs on you’—and unless she joins the demonstration she is out without maintenance, without rights, without any authority from which she may seek succour. And our editorialists will marvel at the miracle: so devoted are the women to the shariah, the editors will write, that they are out shouting that they would rather continue in servitude than allow anyone to touch it!"

"The net result of the much-vaunted shariah is obvious: the woman lives in the sort of dread which a non-Muslim woman cannot even imagine, to say nothing of non-Muslim males. The husband can make her continuance subject to the most humiliating and painful conditions. He can take on other wives at will, without so much as a nominal ‘By your leave’. He can pronounce a revocable talaq at a whim, and ‘resume’ her at will. That the power to resume the wife on whom he has pronounced the talaq once or twice within the iddat period is as absolute as the power to throw her out, that in fact it is but an aspect of the power to throw her out is affirmed repeatedly by the ulema. The wife’s consent is not needed at all, they declare."

"Surah ii 226: -"They who intend to abstain from their wives shall wait four months; but if they go back from their purpose, then verily God is Gracious, Merciful." ... "And if they resolve on a divorce, then verily God is He who Heareth, Knoweth.""

"Surah lxv 1:-"O Prophet! When ye divorce women, divorce them at their special times. And reckon those times exactly, and fear God your God. Put them not forth from their houses, nor allow them to depart, unless they have committed a proven adultery. This is the precept of God, assuredly imperilleth his own self. Thou knowest not whether, after this, God may not cause something new to occur which may bring you together again."

"O Prophet, when you divorce women, divorce them when they have reached their period. Count the period, and fear God your Lord. Do not expel them from their houses, nor let them go forth, except when they commit a flagrant indecency. Those are God's bounds; whosoever trespasses the bounds of God has done wrong to himself. Thou knowest not, perchance after that God will bring something new to pass."

"Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy."

"The `Iddah of Those in Menopause and Those Who do not have Menses Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying. ..."

"Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consummation of marriage. (Al-Ahzab: 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible."

"Surah al-Talaaq 65:4: If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses (i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise."

"And [as for] those of your women who (read allā'ī or allā'i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months - both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter."

"(And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: “O Messenger of Allah! "What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months." Another man asked: “what is the waiting period for those women who are pregnant?” (And for those with child) i.e. those who are pregnant, (their period) their waiting period (shall be till they bring forth their burden) their child. (And whosoever keepeth his duty to Allah) and whoever fears Allah regarding what he commands him, (He maketh his course easy for him) He makes his matter easy; and it is also said this means: He will help him to worship Him well."

"(And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet? And what is the waiting period of the pregnant woman?’ And so Allah, exalted is He, revealed this verse”. Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: Those who are too young [such that they have not started menstruating yet], those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”."

"Al-Wahidi, Asbab al-nuzul Qur'an 65:4"

"The interpretation of the verse "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses (i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise". He said: The same applies to the 'idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them."

"Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and those who have not yet menstruated, their 'idda is three months."

"Sahih Al-Bukhari, Chapter 68: Book of Tafsir CCCLXXXIV: The Tafsir of Surat at-Talaq"

"Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] for the girl before puberty is three months (in the above Verse)."

"It was narrated from Abu Hurairah that: the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. The adulteress is the one who arranges her own marriage.” (Sahih)"

"It was narrated from Aishah that : the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.” (Sahih)"

"It was narrated from Abu Hurairah that: the Prophet said: “A woman may be married for four things: Her wealth, her lineage, her beauty or for her religion. Choose the religious, may your hands be rubbed with dust (i.e., may you prosper).” (Sahih)"

"It was narrated that Ash'ath bin Qais said: "I was a guest (at the home) of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" A man should not be asked why he beats his wife, and do not go to sleep until you have prayed the Witr."' And I forgot the third thing." (Hasan)"

"It was narrated that: Abdullah bin Abu Awfa said” When Muadh bin Jabal came from Sham, he prostrated to the Prophet who said: 'What is this, O Muadh?' He said: 'I went to Sham and saw them prostrating their bishops and patricians and I wanted to do that for you.' The messenger of Allah said: 'Do not do that. If I were to command anyone to prostrate to anyone other than Allah, I would have commanded women to prostrate to their husbands. By the one in who hand is the soul of Muhammad! No woman can fulfill her duty towards Allah until she fulfills her duty towards her husband. If he asks her (for intimacy) even if she is on her camel saddle, she should not refuse.' “(Hasan)"

"It was narrated that Iyas bin 'Abdullah bin Abu Dhubab said: "The Prophet said: 'Do not beat the female slaves of Allah.' Then 'Umar came to the Prophet and said: 'O Messenger of Allah, the woman have become bold towards their husbands? So order the beating of them,' and they were beaten. Then many women went around to the family of Muhammad,. The next day he said: 'Last night seventy women came to the family of Muhammad, each woman complaining about her husband. You will not find that those are the best of you.' " (Sahih)"

"He (Muhammad b. Qais) then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah (may peace be upon him)? We said: Yes. She said: When it was my turn for Allah's Messenger (may peace be upon him) to spend the night with me, he turned his side, put on his mantle and took off his shoes and placed them near his feet, and spread the corner of his shawl on his bed and then lay down till he thought that I had gone to sleep. He took hold of his mantle slowly and put on the shoes slowly, and opened the door and went out and then closed it lightly. I covered my head, put on my veil and tightened my waist wrapper, and then went out following his steps till he reached Baqi'. He stood there and he stood for a long time. He then lifted his hands three times, and then returned and I also returned. He hastened his steps and I also hastened my steps. He ran and I too ran. He came (to the house) and I also came (to the house). I, however, preceded him and I entered (the house), and as I lay down in the bed, he (the Holy Prophet) entered the (house), and said: Why is it, O 'A'isha, that you are out of breath? I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him (the whole story). He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. He struck me on the chest which caused me pain, and then said: Did you think that Allah and His Apostle would deal unjustly with you?...""

"Humaid b. 'Abd al-Rahman b. 'Auf reported that his mother Umm Kulthum daughter of 'Uqba b. Abu Mu'ait, and she was one amongst the first emigrants who pledged allegiance to Allah's Apostle (may peace be upon him), as saying that she heard Allah's Messenger (may peace be upon him) as saying: A liar is not one who tries to bring reconciliation amongst people and speaks good (in order to avert dispute), or he conveys good. Ibn Shihab said he did not hear that exemption was granted in anything what the people speak as lie but in three cases: in battle, for bringing reconciliation amongst persons and the narration of the words of the husband to his wife, and the narration of the words of a wife to her husband (in a twisted form in order to bring reconciliation between them)."

"Narrated Umar ibn al-Khattab: The Prophet (peace be upon him) said: A man will not be asked as to why he beat his wife."

"Narrated Abdullah ibn AbuDhubab: Iyas ibn Abdullah ibn AbuDhubab reported the Apostle of Allah (peace be upon him) as saying: Do not beat Allah's handmaidens, but when Umar came to the Apostle of Allah (peace be upon him) and said: Women have become emboldened towards their husbands, he (the Prophet) gave permission to beat them. Then many women came round the family of the Apostle of Allah (peace be upon him) complaining against their husbands. So the Apostle of Allah (peace be upon him) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you."

"Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies.""

"The prophet of Allah said: When a man calls his wife to satisfy his desire, let her come to him though she is occupied at the oven."

"Iyas b. Abdullah reported God's messenger as saying, "Do not beat God's handmaidens;" but when `Umar came to God's messenger and said, "The women have become emboldened towards their husbands," he gave licence to beat them. Then many women went round God's messenger's family complaining of their husbands, and he said, "Many women have gone around complaining of their husbands. Those are not the best among you." Abu Dawud, Ibn Majah, and Darimi transmitted it."

"Narrated Abu Usaid: We went out with the Prophet to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An-Nu'man bin Sharahil, and her wet nurse was with her. When the Prophet entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family." Narrated Sahl and Abu Usaid: The Prophet married Umaima bint Sharahil, and when she was brought to him, he stretched his hand towards her. It seemed that she disliked that, whereupon the Prophet ordered Abu Usaid to prepare her and to provide her with two white linen dresses. (See Hadith No. 541)."

"Narrated 'Aisha: I asked the Prophet, "O Allah's Apostle! Should the women be asked for their consent to their marriage?" He said, "Yes." I said, "A virgin, if asked, feels shy and keeps quiet." He said, "Her silence means her consent.""

"Narrated Jabir bin 'Abdullah: I was accompanying the Prophet on a journey and was riding a slow camel that was lagging behind the others. The Prophet passed by me and asked, "Who is this?" I replied, "Jabir bin 'Abdullah." He asked, "What is the matter, (why are you late)?" I replied, "I am riding a slow camel." He asked, "Do you have a stick?" I replied in the affirmative. He said, "Give it to me." When I gave it to him, he beat the camel and rebuked it. Then that camel surpassed the others thenceforth. The Prophet said, "Sell it to me." I replied, "It is (a gift) for you, O Allah's Apostle." He said, "Sell it to me. I have bought it for four Dinars (gold pieces) and you can keep on riding it till Medina." When we approached Medina, I started going (towards my house). The Prophet said, "Where are you going?" I Sad, "I have married a widow." He said, "Why have you not married a virgin to fondle with each other?" I said, "My father died and left daughters, so I decided to marry a widow (an experienced woman) (to look after them)." He said, "Well done." When we reached Medina, Allah's Apostle said, "O Bilal, pay him (the price of the camel) and give him extra money." Bilal gave me four Dinars and one Qirat extra. (A sub-narrator said): Jabir added, "The extra Qirat of Allah's Apostle never parted from me." The Qirat was always in Jabir bin 'Abdullah's purse."

"Narrated Jabir bin Abdullah: While we were returning from a Ghazwa (Holy Battle) with the Prophet, I started driving my camel fast, as it was a lazy camel A rider came behind me and pricked my camel with a spear he had with him, and then my camel started running as fast as the best camel you may see. Behold! The rider was the Prophet himself. He said, 'What makes you in such a hurry?" I replied, I am newly married " He said, "Did you marry a virgin or a matron? I replied, "A matron." He said, "Why didn't you marry a young girl so that you may play with her and she with you?" When we were about to enter (Medina), the Prophet said, "Wait so that you may enter (Medina) at night so that the lady of unkempt hair may comb her hair and the one whose husband has been absent may shave her pubic region."

"Narrated Jabir bin 'Abdullah: When I got married, Allah's Apostle said to me, "What type of lady have you married?" I replied, "I have married a matron' He said, "Why, don't you have a liking for the virgins and for fondling them?" Jabir also said: Allah's Apostle said, "Why didn't you marry a young girl so that you might play with her and she with you?'"

"If a husband calls his wife to his bed [i.e. to have sexual relation] and she refuses and causes him to sleep in anger, the angels will curse her till morning."

"Had I ordered anybody to prostrate before any one, I would have ordered women to prostrate before their husbands on account of men's rights over the women ordained by Allah."

"There is one passage, however, which apparently endorses a pre-Islamic Arab custom. This is the sentence at the end of verse 38 permitting a husband to beat his wife: "And those women whose insubordination you fear, admonish them, then leave them alone in the beds, then beat them!" … Abu Bakr's daughter Asma, who was the fourth wife of Zobayr b. ol-Awwam (one of the Prophet's first ten converts and principal companions), is reported to have said, "Whenever Zobayr was angry with one of us, he used to beat her until the stick broke.""

"A man should marry four wives: A Persian to have some one to talk to; a Khurasani woman for his housework; a Hindu for nursing his children; a woman from Mawaraun nahr, or Transoxiana, to have some one to whip as a warning to the other three."

"There is the Islamic view of marriage. Apologists of Islam, ever so anxious to show how progressive and avant-garde and modern their religion has always been, never tire of saying: In Islam marriage is not a sacrament, it is just a contract. Woman, as we shall see when we turn to the Quran and the Hadis, is just an ‘affliction’ that man has to suffer; she is just a field that he may irrigate or not irrigate as it pleases him; at best she is one of the things that Allah has created for him to enjoy; when on top of all this marriage is but a contract specifying the terms on which he may enjoy the thing—the mehr, as Ram Swarup reminds us being literally the ‘wages’ or ‘hire’ for using the woman—the ulema naturally visit all the consequences on the woman. The husband has but to enjoy the woman, and when he tires of her can just cast her off paying her the nominal maintenance, and the mehr which had been agreed to in the contract. And Allah, in His mercy, has not put these latter at anyonerous level. The minimum mutah, the consolatory gift, we learn, is one pair of clothes and the maximum is one slave or slave girl. The maintenance is to be board and lodging for just three months. And while it is fashionable nowadays to fix the mehr at poetically grandiloquent levels, it is just as fixed a practice to have the wife agree to forego it on the nuptial night itself. [...] The Quran (2.241) explicitly says, ‘Those of you who die leaving surviving widows shall bequeath to their widows provisions for a year without (their) being turned out.’ In direct contravention to this the compendium of Islamic law, the Hidayah, states, ‘Maintenance is not due to a woman after her husband’s decease...’ The Imamia goes even further to say, ‘A widow has no right to maintenance even though she be pregnant.’"

"In Hindu marriages, for instance, unlike the nuptials of Christianity, the priest does not perform the rituals, nor does he have the authority to declare the couple married; he acts only as the coach. The groom and bride themselves perform the ceremony. In other words, there is no external authority declaring them man and wife. The same do-it-yourself freedom is evident in other pursuits, such as yoga and meditation. Even in formal worship, the guidelines are meant for beginners, and these give way to increasing freedom as the individual becomes self-propelled in the spiritual journey without need for external authority."

"Domestic felicity appears to be the rule among the Natives, and this IS the stranger when the customs of marriage are taken ll1to account, parents arrangll1g all such matters. Many Indian households afford examples of the married state in its highest degree of perfection. This may be due to the teachll1gs of the Shastras .... "."

"Jacobi points out that the Grhya Sutras preserve a well-known custom according to which the husband points out the polestar (called dhruva 'fixed') to his newlywed wife and exhorts her never to forsake her home just as the polestar never changes its position. He concludes that these sutras preserve a memory of the ancient time when the polestar appeared stationary."

"The child must be prayed for. Those children that come with curses, that slip into the world, just in a moment of inadvertence, because that could not be prevented - what can we expect of such progeny? Mothers of America, think of that! Think in the heart of your hearts, are you ready to be women? Not any question of race or country, or that false sentiment of national pride. Who dares to be proud in this mortal life of ours, in this world of woes and miseries? What are we before this infinite force of God? But I ask you the question tonight: Do you all pray for the children to come? Are you thankful to be mothers, or not? Do you think that you are sanctified by motherhood, or not? Ask that of your minds. If you do not, your marriage is a lie, your womanhood is false, your education is superstition, and your children, if they come without prayer, will prove a curse to humanity."

"I heard from many reliable persons and sources, in particular from Maulana Hafiz Baseer, that during the time I had been staying at Mazar-e-Salatin, Qadi Husayn Shirazi happened to be the Qadi of Kashmir. He had developed liaison with the ignominious Shaykh Shihab. Kashmiris called him Shaykhuíl- Islam. Later on, Qadiís daughter was married to the son of Shaykh Shihab."

"On the occasion of the wedding feast, the Qadiís daughter, adorned as bride, was carried from the house of the Shaykh according to the customs and convention of the infidels prevalent in this land from the ancient times. At Shaykh Shihabís house, the bridegroom mounted a horse. About twenty to thirty beautiful but unveiled women, accompanied by some young men, mounted their horses and moved towards the river flowing through the city. In accordance with the custom and the traditions of the depraved infidels and corrupt villains, and as is the wont of the dissidents, many singing women and prostitutes walked ahead of the cavalcade, dancing, laughing and bursting into revelries. Men, women and spectators witnessed the procession in the town and moved along with it. Men and women of prominent families enjoyed the sight of this procession from housetops and walls or by sticking out their necks from the windows. A large crowd of people made up the procession. Now all this is despicable and disallowed (in Islamic faith) because it is a dirty innovation within the realm of infidelity. These practices are strictly unlawful and disallowed (in Islam). The procession finally arrived at the riverside at Mazar-e-Salatin."

"Upon entering the premises of the burial ground of the Sultans and the governors (of Kashmir), I heard the sound of drums and flutes and the loud noise of people. I came out of my place and took seat in a house to the west of the procession scene. The clamour raised by the reveling crowds was terrible. Some of my servants and attendants gave me the details of the proceedings. Some people from the city had taken their seats by my side. They related to me what they had seen these people do in the function and what type of rituals and customs of the infidels they had observed."

"The bride and the bridegroom, along with some women, dismounted their horses on the bank of the river. Two defiled, dirty and wretched kafirs also came to the side of the bride and the bridegroom. These polytheists raised the infidelís thread (zunnar) from their impious and defiled bodies and wore it over their dress. One of the infidels took a tumbler in his hand and filled it with water. He recited some words of infidelity and polytheism, lifted the tumbler and poured water into the river from some height. After some time, the bridegroom took a sword in his hand and sliced the water from some height. The bride followed suit. The infidels continued reciting the words of sorcery. They filled the tumbler with water several times and continued the ritual, thus maintaining the customs of the infidels. They conveyed the rules and rituals of infidelity to the couple in a strange manner and made some exhortations in the language of the depraved in the hope that the couple would comply with and submit to the ways of the infidels. They performed strange acts, gestures, and rituals of infidelity for two hours. The rest of the procession, men, women and young people, all witnessed the proceedings from the Mazar-e-Salatin. A large crowd of men and women had come along with the dancing women to that place. These women vied with one another in gorgeous clothes, and in adornments and make up. They exchanged glances of joy and merry-making. Corrupt men, dirty youth and vagabonds of the city cast covetous glances on these women. They betrayed no sign of fear of God and His Prophet. The women also took great pleasure in exchanging pleasantries with unknown men present on the occasion. They smiled and expressed pleasure as they looked at them. The singing women and the prostitutes danced at the gate of the complex. It was an impassioned show of music and dance and a large crowd of cityís charlatans had assembled there. In the midst of all this dirty and despicable revelry, they came out from that place and headed towards the house of the Shaykh to repeat the proceedings."

"No act of depravity was spared in the house of the Shaykh and the Qadi. Practices of infidels were performed in full. But, observance of these practices is not restricted to the house of the Qadi and the Shaykhuíl-Islam. Such atheistic and idolatrous practices continue to be observed in the houses of all scholars, theologians and leading personalities of this land (Kashmir). They observe all the festivals and feasts of infidels and polytheists. The family members of the elders and leading persons of this land, especially their womenfolk, do not do anything without the permission of the infidels and permission of astrologers.1 In fact, in all activities of daily life like eating, drinking, sleeping, rising from sleep, travel and rest, astronomers and polytheists have a role to play. This is why all scholars and men of learning in this land, high or low, nurse deep enmity and opposition to the people who believe in prayers and penance, purity and cleanliness. They have always indulged in inciting animosity and fanning opposition towards the people of heart and spirit. It is in their nature to be the sworn enemies of God-loving spiritualists. They have done all they could to perpetrate oppression against the spiritually-inclined Shaykhs and feel proud of their jealousies and prejudice against them. They have not spared efforts to poison them or get them killed. Shaykh Shihab, the wretch, sparked many disputes and confrontations with Amir Shamsuíd-Din. All this is because of expressed or unexpressed animus."

"I shall recount a story about the relations between the Qadi and the Shaykhuíl-Islam. I shall inform you of the perfidy and un-Islamic deeds of these people. This will give you a glimpse of the ways, deeds and conditions of the people of those lands. My house was situated on the bank of a stream in the city of Kashmir (Srinagar). Two learned men lived nearby. One was the Qadi of the city and the other was Shaykhuíl-Islam. They entered into matrimonial alliance between their children. The daughter of the one was given in marriage to the son of the other. The nuptial ceremony and the reception function were performed according to the customs of the innovators (bid at) 1 , the infidels and the heretics. Forty to fifty pretty women, clad in gorgeous costume and adorned with ornaments, came riding to that place. They were without a veil, and dismounted by the bank of the canal close to my residence. Imagine their shamelessness, notoriety, and disgrace, the like of which one does not find anywhere else in the world. Forty to fifty beautiful young damsels rode their horses along with males without displaying an iota of reservation. Female drummers, singers, prostitutes and flirts, all dancing and reveling, led the party with music flowing from long flutes. Menfolk of the town stood on both sides of the pathway besides onlookers who had taken vantage points on windows and balconies. Wicked people, charlatans and vagabonds among the young males also accompanied them to the bank of the canal. Two or three infidels and polytheists also came along with the bride and the bridegroom. They carried a glass filled with water. The bride and the bridegroom carried a sword in their hands and indulged in strange movements. They uttered the words (meaning mantras) of infidelity and polytheism and observed the rituals and customs of the infidels. The bride and the bridegroom also performed the rites and rituals of the infidels. In the feast, all customs of infidels and misguided people were fully observed."

"A few days later, the Qadi and the Shaykhuíl Islam both hosted a feast at their respective residences. A large gathering of musicians and dancing girls came together on the occasion. Onlookers came from here and there and made a big crowd. These types of aberrations and detestable things of infidelity and heresy were freely observed in the house of the Shaykhuíl Islam and the Qadi. I have been a witness to all this. It shows the extent to which infidelity, aberration, corruption, anti-Islamic customs and irreligiosity were rampant in this land."

"After listening to these details, the ulema, the learned and the elderly people of Samarqand expressed their regret and surprise. They bit their fingers in utter disappointment saying that owing to the irreligiosity of the ulema and the learned men as well as owing to the faithlessness of the nobles and men of authority, the place of Islam (daruíl-Islam), has been converted into a place place of battle (daruíl-harb). The city of Islam becomes the city of kafirs (heretics)."

"And all married women except those whom your right hands possess. It is a decree of Allah for you. Lawful to you are all beyond those mentioned, so that you may seek them with your wealth in honest wedlock, not debauchery. And those whom you enjoy, give them their shares as a duty. And there is no sin for you in what you do by mutual agreement after the duty. Indeed, Allah is ever-knower, wise."

"MUTʿAH (متعة‎). Lit. “Usufruct, enjoyment.” A marriage contracted for a limited period, for a certain sum of money. Such marriages are still legal amongst the Shīʿahs, and exist in Persia (Malcolm’s Persia, vol. ii. p. 591) to the present day, but they are said to be unlawful by the Sunnīs. They were permitted by the Arabian Prophet at Aut̤ās, and are undoubtedly the greatest stain upon his moral legislation; but the Sunnīs say that he afterwards prohibited a mutʿah marriage at K͟haibar. (Vide Mishkāt, book xiii. ch. iv. pt. 2.) The Shīʿahs establish the legality of mutʿah not only upon the traditions, but also upon the following verse in the Qurʾān, the meaning of which, according to the commentary Tafsīr-i-Maz̤harī, is disputed. Sūrah iv. 28: “Forbidden to you also are married women, except those who are in your hands as slaves. This is the law of God for you. And it is allowed you, beside this, to seek out wives by means of your wealth, with modest conduct, and without fornication. And give those with whom ye have cohabited their dowry. This is the law. But it shall be no crime in you to make agreements over and above the law. Verily, God is Knowing, Wise!” According to the Imāmīyah Code of Jurisprudence, the following are the conditions of Mutʿah, or “temporary marriages.” There must be declaration and acceptance, as in the case of nikāḥ, and the subject of the contract must be either a Muslimah, a Christian, or a Jewess, or (according to some) a Majūsī; she should be chaste, and due inquiries should be made into her conduct, as it is abominable to enter into contract with a woman addicted to fornication, nor is it lawful to make such a contract with a virgin who has no father. Some dower must be specified, and if there is a failure in this respect, the contract is void. There must also be a fixed period, but its extent is left entirely to the parties: it may be a year, a month, or a day, only some limit must be distinctly specified, so as to guard the period from any extension or diminution. The practice of ʿazl (extrahere ante emissionem seminis) is lawful, but if, notwithstanding this the woman becomes pregnant, the child is the temporary husband’s; but if he should deny the child, the denial is sustained by the law. Mutʿah marriages do not admit of divorce or repudiation, but the parties become absolutely separated on the expiration of the period. (Baillie’s Digest.) There is a curious account of a discussion at the Court of the Emperor Akbar with reference to the subject of Mutʿah marriages in the ʿAīn-i-Akbari (Translation by H. Blochmann, M.A., p. 173). At one of the meetings for discussion, the Emperor asked how many free-born women a man may legally marry. The lawyers answered that four was the limit fixed by the Prophet. His Majesty thereupon remarked that, from the time he had come of age he had not restricted himself to that number, and in justice to his wives, of whom he had a large number, both free-born and slaves, he now wanted to know what remedy the law provided for his case. Most of the Maulawīs present expressed their opinions, when the Emperor remarked that Shaik͟h ʿAbdu ʾn-Nabī had once told him that one of the Mujtahids had had as many as nine wives. Some of those present said that some learned men had allowed even eighteen from a too literal translation of the second verse of Sūratu ʾn-Nisāʾ in the Qurʾān. [MARRIAGE.] After much discussion, the learned men present, having collected every tradition on the subject, decreed, first, that by mutʿah a man may marry any number of wives; and, secondly, that mutʿah marriages were sanctioned by the Imām Mālik; but a copy of the Muwat̤t̤aʾ of the Imām Mālik was brought, and a passage cited from that collection of traditions against the legality of mutʿah marriages. The disputation was again revived at a subsequent meeting, when at the request of the Emperor, Badāʾonī gave the following summary of the discussion: “Imām Mālik, and the Shīʿahs are unanimous in looking upon mutʿah marriages as legal; Imām ash-Shāfiʿī and the great Imām Abū Ḥanīfah look upon mutʿah marriages as illegal. But should at any time a Qāẓī of the Malakī sect decide that mutʿah is legal, it is legal, according to the common belief, even for Shāfiʿīs and Ḥanafīs. Every other opinion on this subject is idle talk.” This saying pleased the Emperor, and he at once appointed a Qāẓī, who gave a decree which made mutʿah marriages legal. In permitting these usufructuary marriages Muḥammad appears but to have given Divine (?) sanction to one of the abominable practices of ancient Arabia, for Burckhardt (vol. ii. p. 378) says, it was a custom of their forefathers to assign to a traveller who became their guest for the night, some female of the family, most commonly the host’s own wife!"