%6 ‘Women in Pre-lslamic Arabia another man and preferred death to being called fathi save themselves from this disgrace, they buried their daughters alive. Women in pagan Arabia were considered by men to be accessories and possession that could be bought, sold and inherited. Heir could inherit them, and could marry the deceased man’s widows except their own mother and share them among themselves like goods? The females were entirely excluded from inheritan ‘The Muslim law of marriage is said to be the reformed shape of prelslamic law of marriage in Arabia, For a better understanding of the Muslim law of marriage itis useful to have knowledge of the precslamic law and practices of marriage. Islam did not repeal the entire customary law of Arabia. It only repealed such customary laws which were inconsistent with the Quranic injunctions and the commands of the Prophet Mohammad or those which were ‘opposed to the principles of sound reason and good conscience. In other words, Muslim law includes many rules of pretslamic customary laws which have been approved by the Quran and Hadith in an express or implied manner.4 ‘Among the most interesting of ancient Arabian customs were those which regulated the relations and connection between members of opposite sexes. The. institution of irregular sexual relations was prevalent in preslamic Arabia. Multiple and loose forms of unions and promiscuity were quite customary among the ancient Arabs and many of them could hardly be called marriage in the modern era. Temporary marriages were also prevalent under the name of Muta and Arabs could have as many wives as they wished.* Hazarat Aisha, the wife of the Prophe, is of the tha were four kinds of marriage prevalent during the pre-Islamic period. In Kashful Ghumma® the following four types of marriage prevalent in pre-Islamic days are deseribed: 1. Nikab-e-Am ‘This was a form of marriage which has been sanctioned by Islam, where a man asks another for the hand of the latter’s ward or daughter and then marries her by giving her dower. The present ‘Women in Pre-slamic Arabia 7 approved Muslim marriage is based on this form of pre-Islamic marriage. 2. Nikah-e-tstebra A custom according to which a husband asked his wife to go to a famous person (naming him) for sexual intercourse and then would keep himself away from her society until she conceived by that man, but after her pregnancy became apparent, she would return to him. This form of sexual activity seems to have 3. Nikah-ul-jama A number of men, less than ten, used to visit a woman for sexual intercourse with her. If she conceived and delivered a child, she was entitled to call them and they were bound to come to her. The woman would address them saying: “You know what has happened. I have now brought forth a child of so and so (namit whomsoever of them she chose) and this is your son.” The would then be ascribed to him, and he was not allowed to di its paternity. 4. Nikah-e-Baghaya ‘A number of men used to visit a woman who was customarily not allowed to refuse any visitor for the purpose of sexual intercourse. These women were prostitutes and used to fix at the doors of their tents a flag as a sign of their calling. If 2 woman of this class conceived or brought forth a child, then those who frequented her would be assembled, and physiognomists would decide to whom the child belonged.” Of the above described conjugal relations (except the first ‘one), none can be called marriage and it is more appropriate to consider them as forms of legalised prostitution or irregular sexual behaviour recognised by custom. The second form mentioned above is more or less like the ancient Hindu practice of Niyoga. Imam Bukhari also reports the existence of various kinds of sex relations prevalent among the pre-Islamic Arabs and some of them are interesting to note here?