30 Women in Prectlamic Arabia
congratulate him, he used to say, “congratulation, may she be a
source of wealth for you”. This was an allusion to the fact that
father of the girl would marry her in future and would receive the
dower.'*
In predslamic days, fathers or in case they died, the brothers
believed they had the right of guardianship and power over
daughters, Inthe first place, they married their daughters
according to their own choice and not according to the will of the
and in the second place, they considered the dower of their
daughters to belong to themselves and not to the daughters. They
also used to exchange daughters. The custom was that one man
‘used to say to the other: “I will marry my daughter or sister to you
in exchange for your daughter or sister becoming my wife.” The
other man would agree to it. In this way, each one of the two girls
became the dower for the other girl. Such a marriage was called a
shighar marviage.
‘According to sociologists, in order to get the girl of his choice,
a man used to bind himself to the services of the father of the girl,
Moses and Shuayb, which is told in the Holy Quran, is evidence of
the existence of such a custom. When Moses escaped {rom Egypt
and reached the well of Madyan, the daughters of Shuayb were
standing with their sheep and nobody was paying attention to
them. Moses was moved with sympathetic attitude to them and
drew water for their sheep. The daughters described the
‘occurrence of that day to their father, who sent one of them to
invite Moses to his house. After getting to know one another,
Shuayb one day told Moses that he wished to give one of those
two ¢ to him provided he would work for him for
cight years and, in case he himself wanted to work more, for
another two years. Moses accepted this and he accordingly became
Shuayb's son-in-law. That was the custom in those days. The
the non-existence of wealth. The only helpful
w could offer to his bride or to the bride’s
work for them.'®
father was probably :
In the ‘time of ignorance’ there were also customs which
practically used to deprive women of their dower. One of those
‘Women in Pre-tslamic Arabia 3
customs was inheriting the wife. In the case of the death of a man,
his inheritors, like his sons or brothers, inherited his wives in
exactly the same way as they inherited the property of the
deceased assuming that the marriage right was still valid, and
considered himself empowered to marry the wife to anybody he
liked and take the dower for himself, or otherwise, to take her as
his own wife without a new dower on the strength of the dower
that the deceased had paid.”
According to Tafiire-Abmedi, an authority cited by Abdur
Rahim in his monumental work as referred to
formed a part of marriage contract, and in Pre-Islamic times it was
possible for a women to buy her freedom from her husband by
resigning het dower to him. Unchastity on the part of the wife was
also a reason for debarring her from the claim of dower.
Divorce
Prior of Islam, divorce was easy and of frequent occurrence and
this tendency has persisted to some extent in Islamic law. The
power of divorce possessed by the husband was unl
unrestricted. His power in this connection wds absolute and he
could divorce his wife for any cause which made her disagreeable
to him. There were no checks to an arbitrary and capricious use of
his power as he could do so without assigning any reason or
observing any procedure."* The pre-tsla i
required no formula to make
imation from the husband to
ld discard his
ivorce, of course, was a matter of few
the renowned commentary Tafiire:
Abmadi that an Arab could pronounce talag ten times and
contract fresh al his wife every time. He
could revoke the divorce and resume conjugal relation at any time.
In some exceptional cases, both among the Arabs and Jews, wives
yefore marriage, reserve to themselves the
power to divorce themselves from the husband and they exercised
that power and pronounced separation by merely changing the
position of their tent which conveyed a sufficient intimation of the
fact to the repudiated husband”