In Islam , nikah ( Arabic : نِكَاح , romanized : nikāḥ ) is a contract exclusively between a man and woman. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny ).
141-479: In addition to the usual marriage until death or divorce, there is a different fixed-term marriage known as zawāj al-mut'ah ("temporary marriage") permitted only by the Twelver branch of Shi'ite for a pre-fixed period. There is also Nikah Misyar , a non-temporary marriage with the removal of some conditions such as living together, permitted by some Sunni scholars. In Islamic law, marriage – or more specifically,
282-463: A reverse auction was needed to determine the dowry to be paid to a swain. In case of divorce without reason, a man was required to give his wife the dowry she brought as well as the bride price the husband gave. The return of dowry could be disputed, if the divorce was for a reason allowed under Babylonian law. A wife's dowry was administered by her husband as part of the family assets. He had no say, however, in its ultimate disposal; and legally,
423-433: A Russian advice book of the 16th century for upper classes, includes advice to set aside property for purposes of a dowry, and use it to accumulate linens, clothing, and other things for it, rather than have to suddenly buy it all for the wedding; if the daughter should happen to die, the dowry should be used to give alms and for prayers for her soul, although some might be set aside for other daughters. In late Tsarist Russia
564-490: A bride they care nothing whether she has a dowry and a handsome fortune, but look only to her beauty and other advantages of the outward person. Arrian's second book similarly notes, They (Indians) marry without either giving or taking dowries, but the women as soon as they are marriageable are brought forward by their fathers in public, to be selected by the victor in wrestling or boxing or running or someone who excels in any other manly exercise. The two sources suggest dowry
705-449: A condition to accept a marriage proposal in some parts of the world, mainly in parts of Asia . The custom of dowry is most common in strongly patrilineal cultures that expect women to reside with or near their husband's family ( patrilocality ). Dowries have long histories in Europe , South Asia , Africa , and other parts of the world. A dowry is the transfer of parental property to
846-425: A daughter at her marriage (i.e. "inter vivos") rather than at the owner's death ( mortis causa ). (This is a completely different definition of dowry to that given at the top of the article, which demonstrates how the term ‘dowry’ causes confusion.) A dowry (or dower ) establishes a type of conjugal fund, the nature of which may vary widely. This fund may provide an element of financial security in widowhood or against
987-591: A different instrument than on the Continent. The Salic law , which required females to be disinherited and disenfranchised from land ownership, did not apply in England. Single women held many rights men did. The most famous example of this English female inheritance and agency right is perhaps Elizabeth I of England , who held all rights a male monarch did. While single women held rights to hold property equivalent to those of men, marriage and married women were affected by
1128-412: A dowry. Gioachino Rossini 's opera La Cenerentola makes this economic basis explicit: Don Magnifico wishes to make his own daughters' dowries larger, to attract a grander match, which is impossible if he must provide a third dowry. One common penalty for the kidnapping and rape of an unmarried woman was that the abductor or rapist had to provide the woman's dowry. Until the late 20th century this
1269-469: A few cases, she may transfer the property she brought as dowry to her daughter or daughter-in-law. Dowry assets once transferred in turn constituted separate wealth of the woman who received it ( sifang qian , etc.). Often a woman who brought a large dowry was considered more virtuous in Chinese culture than one who didn't. In parts of China, both dowry and brideprice ( pinjin ) were practiced from ancient eras to
1410-406: A fourth part of her brother. The daughter took this inheritance amount with her when she married, claimed Al-Biruni, and she had no rights to income from her parents after her marriage or to any additional inheritance after her father's death. If her father died before her marriage, her guardian would first pay off her father's debt, then allocate a fourth of the remaining wealth to her upkeep till she
1551-412: A great blessing. 4:20 If you desire to replace a wife with another and you have given the former ˹even˺ a stack of gold ˹as a dowry˺, do not take any of it back. Would you ˹still˺ take it unjustly and very sinfully? 4:21 And how could you take it back after having enjoyed each other intimately and she has taken from you a firm commitment? 4:22 Do not marry former wives of your fathers—except what
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#17330847989261692-482: A historical correlation between the practices of "diverging devolution" (dowry) and the development of intensive plough agriculture on the one hand, and homogeneous inheritance (brideprice) and extensive hoe agriculture on the other. Drawing on the work of Ester Boserup , Goody notes that the sexual division of labour varies in intensive plough agriculture and extensive shifting horticulture. In sparsely populated regions where shifting cultivation takes place, most of
1833-451: A money dowry. In Romania in the late 18th and early 19th centuries (1750–1830s) the exclusion of dowered girls from the family inheritance led to increased cohesion within the nuclear family. The wife's male relatives controlled the dowry but she retained sole ownership of the dowry and wedding gifts. Her relatives could prosecute the husband for squandering a dowry; wives gained some ability to leave an abusive marriage. The long-term result
1974-522: A more regular and kind of trial marriage compared to the free relationship between men and women in the West. Sunnis and Shiites agree that this marriage is a pre-Islamic Arabic tradition and is not prohibited by the Quran. According to Shiites, the tradition was approved by Muhammad and continued among Muslims during his lifetime. According to Sunnis, although the practice was initially approved by Muhammad, it
2115-1172: A negligent husband, and may eventually go to provide for her children. Dowries may also go toward establishing a marital household, and therefore might include furnishings such as linens and furniture. Locally, dowry or trousseau is called jahez in Urdu , jahizie in Persian and Arabic ; dahej in Hindi , dāj in Punjabi , daijo in Nepali , çeyiz in Turkish , joutuk in Bengali , jiazhuang in Mandarin , varadhachanai in Tamil , khatnam in Telugu , streedhanam in Malayalam , miraz in Serbo-Croatian and in various parts of Africa
2256-416: A new household. Dos was given for the purpose of enabling the husband to sustain the charges of the marriage state (onera matrimonii). All the property of the wife which was not dowry, or was not a donatio propter nuptias, continued to be her own property, and was called Parapherna . The dowry could include any form of property, given or promised at the time of marriage, but only what remained after deducting
2397-447: A period of abstinence from marriage (and thus, sexual intercourse ). The iddah is intended to give paternal certainty to any children should the wife become pregnant during the temporary marriage contract. The Twelver Shias give arguments based on the Quran , hadith (religious narration), history, and moral grounds to support their position on mut'ah . They argue that the word of
2538-461: A polytheist woman (Quran 5:5 ) According to the Shariah (Law), Muslims are allowed to practice polygyny . According to the Quran, a man may have up to four legal wives only. Even then, the husband is required to treat all wives equally and be just to all (emotionally as well as financially.) A woman may state that she would see more than herself married as an emotional injustice to her and therefore
2679-439: A temporary marriage varies and can be as brief as an hour or stipulated as long as ninety-nine years. Traditionally, a temporary marriage does not require witnesses or registration, though taking witnesses is recommended. The Oxford Dictionary of Islam , indicate the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested. Some present this relationship as
2820-553: A thing is considered obsolete, due to the availability of fast travel, and primarily exists in Iran and Shia regions for sexual pleasure reasons as a means of Halal dating. Mut'ah , literally meaning joy , is a condition where rules of Islam are relaxed. It can apply to marriage (the nikah mut'ah ) or to the Hajj (the obligatory pilgrimage ) (the Mut'ah of Hajj ). The permissibility of Mut'ah
2961-523: A woman's dowry was often returned to her family. Coverture never applied universally in Britain and was repealed in the 1800s. This effectively ended the concept of dowry as the property of a single woman was either retained by her after marriage or its income became marital property under joint control with a husband (not under his sole control as in coverture). In some parts of Europe, especially Eastern Europe, land dowries were common. The Domostroy ,
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#17330847989263102-556: Is All-Knowing, All-Wise. Interfaith marriages are recognized between Muslims and non-Muslim People of the Book (usually enumerated as Jews , Christians , and Sabians ). Historically, in Islamic culture and traditional Islamic law Muslim women have been forbidden from marrying Christian or Jewish men , whereas Muslim men have been permitted to marry Christian or Jewish women. It is lawful for Muslim men to marry Jewish or Christian women but not
3243-514: Is a payment by the groom , or his family, to the bride, or her family, dowry is the wealth transferred from the bride, or her family, to the groom, or his family. Similarly, dower is the property settled on the bride herself, by the groom at the time of marriage, and which remains under her ownership and control. Traditionalist dowry is an ancient custom that is mentioned in some of the earliest writings, and its existence may well predate records of it. Dowries continue to be expected and demanded as
3384-555: Is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam in which the duration of the marriage and the mahr must be specified and agreed upon in advance. It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam . The Zaidi Shia reject Mutah marriage. The length of
3525-412: Is a temporary wedlock option in Islam for avoiding illegal sex relations among those Muslims whose marriage is legitimate but, for certain constraints, they are unable to avail it. From this point of view, mut'ah is neither concubinage nor prostitution. Religious supporters of mut'ah argue that temporary marriage is different from prostitution for a couple of reasons, including the necessity of iddah in case
3666-533: Is an evolutionary model in which these historical variables may not be the decisive factors today. Susan Mann argues, in contrast, with examples where even in late Imperial China, dowry was a form of female inheritance. Stanley J. Tambiah later argued that Goody's overall thesis remained pertinent in North India , although it required modification to meet local circumstances. He points out that dowry in North India
3807-513: Is based on interpreting verses of ancient Sanskrit scriptures from India, not eyewitness accounts. Available eyewitness observations from ancient India give a different picture. One of these are the eyewitness records from Alexander the Great 's conquest ( ca . 300 BC), as recorded by Arrian and Megasthenes. Arrian's first book mentions a lack of dowry, They (these ancient Indian people) make their marriages accordance with this principle, for in selecting
3948-625: Is definite and there is ijma (consensus) on this and you can not refute definite proof by using logic." Some Western writers have argued that mut'ah approximates prostitution, and asserted that it has been used to cover for child prostitution. Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the Twelver Shia authorities. She quotes the Oxford encyclopedia of modern Islamic world to differentiate between marriage ( nikah ) and Mut'ah , and states that while nikah
4089-708: Is disputed by majority of the Sunni scholars, who argue that the practice was banished by the Prophet . Twelver Shia scholars, on the other hand, assert that Mut'ah was sanctioned by the Prophet, but was banished by the Second Caliph 'Umar . Omar's abolition was not accepted in many scholarly circles and was met with staunch opposition from major companions like 'Imràn b. Husayn , Ibn 'Abbas , as well as Omar's son 'Abd Allàh b. 'Umar . Both Shias and Sunnis agree that, initially, or near
4230-492: Is for procreation, mut'ah is just for sexual gratification. Dawoud el-Alami, a lecturer at the University of Wales , wrote that the recent resurgence in the practice of mut'ah among Iraqi and Iranian Shi'tes was equivalent to "disguised prostitution". The Girl Sitting Here is a (2021) short film directed by Azadeh Nikzadeh about a temporary marriage contract. Bahar (Bahar Beihaghi) a young woman, in exchange for funds to cover
4371-525: Is forbidden. A man cannot marry: A woman cannot marry after divorce or the death of her husband for a certain period. This period is known as iddah . In today's world, Muslims practice Islamic marital laws in a multitude of ways all over the globe. In the United States, for example, 95% of Muslim American couples included in a 2012 study by the Institute for Social Policy and Understanding had completed both
Marriage in Islam - Misplaced Pages Continue
4512-402: Is however made with step relations i.e. where both the biological mother and father of a couple wishing to marry are separate individuals for both parties, in which case it is permitted. The word "mother" also connotes the "father's mother" and "mother's mother" all the way up. Likewise, the word "daughter" also includes the "son's daughter" and "daughter's daughter" all the way down. The sister of
4653-410: Is just for sexual gratification. According to Zeyno Baran, this kind of temporary marriage provides Shi'ite men with a religiously sanctioned equivalent to prostitution. According to Elena Andreeva's observation published in 2007, Russian travelers to Iran consider mut'ah to be "legalized profligacy", which is indistinguishable from prostitution. These views are contested by others, who hold that mut'ah
4794-489: Is known as serotwana , idana , saduquat or mugtaf . Anthropologist Jack Goody 's comparative study of dowry systems around the world utilizing the Ethnographic Atlas demonstrated that dowry is a form of inheritance found in the broad swath of Eurasian societies from Japan to Ireland that practice "diverging devolution", i.e., that transmit property to children regardless of sex. This practice differs from
4935-444: Is not meant to be the man getting back at the woman. It is to allow the man and the women to peacefully split up for the good of each other. They also allow for multiple remarriages between the same couple. The couple can divorce and get back together up to two times but after the second remarriage, the divorce is final and there are not more remarriages allowed. To revisit the rights of divorcing and who has them and does not have them,
5076-458: Is only partially used as a bride's conjugal fund, and that a large part goes directly to the groom's joint family. This would initially seem to discount Goody's model, except that in North India, the joint family is composed of the groom's parents, his married brothers and unmarried sisters, and their third generation children. This joint family controlled this part of the dowry, which they used to help fund their own daughter/sister's dowries. But when
5217-522: Is otherwise forbidden. Iranicaonline states that in Iran, which bans men and women from meeting freely, in order to overcome this ban, temporary marriage, which does not include sexuality, can be made with children and even infants in Iranian society, without any rules regarding marriage. Historically there were many types of marriages, used for various purposes, as opposed to a full marriage; in mut'ah some of
5358-604: Is paid by the groom to the bride. The amount of money or possessions of the mahr is paid by the groom to the bride at the time of marriage for her exclusive use. If the marriage contract fails to contain an exact, specified mahr, the husband must still pay the wife a judicially determined sum. Mahr functions similar to bride wealth . Nikah is permitted by proxy (i.e. via the telephone or video link), simply by both parties (or representatives on their behalf) exchanging declarations. This has caused issues in Western countries, such as
5499-451: Is ready to marry, and then give the rest to her to take with her into her married life. Dowry was common in different historic periods of China and continued through the modern history. Locally called " 嫁妝 ( Jiàzhuāng ), the dowry ranged from land, jewelry, money to a collection of clothing, sewing equipment and collection of household items. Mann and others find that dowry was a form of inheritance to daughters. In traditional China,
5640-436: Is the type of property controlled by the household. Bridewealth circulates property and women, and is typical of societies where property is limited. Dowry concentrates property and is found in property owning classes or commercial or landed pastoral peoples. When families give dowry, they not only ensure their daughter's economic security, they also "buy" the best possible husband for her, and son-in-law for themselves. Even in
5781-399: Is then declared publicly, in iʿlān ( Arabic : إِعْلَان ), by a responsible person after delivering a sermon to counsel and guide the couple. It is not required, though customary, that the person marrying the couple should be religiously well-founded in knowledge. The bridegroom can deliver the sermon himself in the presence of representatives of both sides if he is religiously educated, as
Marriage in Islam - Misplaced Pages Continue
5922-509: Is used in another verse of the Qur'an: al-Ahzab 33:50, which again stipulates that mahr is a condition for a valid normal marriage contract. Even if the Shi'a were correct, for argument's sake, that the verse in surat al-Nisa' indicates mut'ah marriages, it still has been abrogated anyways by the prophet Muhammad as reported by imam Ali himself when he corrected ibn Abbas. During the sixteenth century, during
6063-408: Is what is meant by "fosterage" in Islam in the quotation below. In Islam, the infant is regarded as having the same degree of affinity to the wet nurse as in consanguinity, so when the child grows up marriage is prohibited to those related to the wet nurse by the same degree as if to the child's own mother. A hadith (reports) confirm that fosterage does not happen by a chance suckling, it refers to
6204-543: Is when the woman asks the husband for a divorce and he repudiates her for consideration. After that, essentially it is trading property for the person. The Qur'an encourages cooperation in marriage, this is done by giving specific rules to follow. One verse says "Consort with them honorably; or if you are averse to them, it is possible you may be averse to a thing, and God set in it much good". Divorce could lead to women losing their morality or purity if certain values were not followed correctly. The Qur'an exemplifies that divorce
6345-639: The Qur'an takes precedence over that of any other scripture, including Quran 4:24 , known as the verse of Mut'ah . Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the Twelver Shia authorities. She quotes the Oxford Encyclopedia of the Modern Islamic World to differentiate between marriage nikah and mut'ah, and states that while nikah is for procreation, mut'ah
6486-457: The Norman Conquest changes to the law in the 12th century. Coverture was introduced to the common law in some jurisdictions, requiring property of a wife to be held in the husband's name, custody and control. The Normans also introduced the dowry in England replacing the earlier custom of the new husband giving a morning gift to his bride. At first the husband publicly gave the dowry at
6627-515: The Quran were revealed which banned such practices. Under the Arabian Jahiliyyah law, Islamic sources allege that no limitations were set on men's rights to marry or to obtain a divorce. Islamic law limited men to four wives at one time, not including concubines. (Quran 4:3 ) The institution of marriage was refined into one in which the woman was somewhat of an interested partner. 'For example,
6768-472: The United Kingdom , which do not view proxy marriages as legitimate. The marriage contract is concluded between the wali (guardian) of the bride and the bridegroom and bride. The wali of the bride can only be a free Muslim . The wali of the bride is normally a male relative of the bride, preferably her father. According to most scholars, if the bride is a virgin , the wali mujbir can not force
6909-467: The dowry , previously regarded as a bride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property' Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract". The essential elements of the marriage contract were now an offer by the man, an acceptance by the woman, and the performance of such conditions as the payment of dowry. The woman's consent, given either actively or by silence,
7050-435: The 2014 study conducted by the Institute for Social Policy and Understanding states that, "Two divorce rates commonly cited for American Muslims include 32.33% and 21.3%, respectively." Within the United States and Canada, many Muslim couples interviewed in the study mention that they value a religious divorce and its proceedings. Some turn to religious figures to help them navigate the divorce process, while many still go through
7191-467: The 20th century. Though throughout the history of China, the practice of using a brideprice has largely been used instead of dowries, but has slowly diminished in modern times. Dowry was widely practiced in Europe until the early modern era. Folklorists often interpret the folk tale Cinderella as the competition between the stepmother and the stepdaughter for resources, which may include the need to provide
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#17330847989267332-766: The Archconfraternity of the Annunciation, a Roman charity dedicated to providing dowries, received the entire estate of Pope Urban VII . In 1425, the Republic of Florence created a public fund, called the Monte delle doti , to provide dowries to Florentine brides. Vast inheritances were standard as dowries for aristocratic and royal brides in Europe during the Middle Ages. The Portuguese crown gave two cities in India and Morocco as dowry to
7473-514: The British Crown in 1661 when King Charles II of England married Catherine of Braganza , a princess of Portugal. In some cases, nuns were required to bring a dowry when joining a convent . At some times, such as Ancien Régime France, convents were also used by some parents to put less attractive daughters, so that the more marriageable daughters could have larger dowries. Ancien Régime families that could not provide proper dowries also used
7614-561: The English aristocracy sent few of their eligible daughters to convents. Failure to provide a customary, or agreed-upon, dowry could cause a marriage to be called off. William Shakespeare made use of such an event in King Lear : one of Cordelia's suitors gives up his suit upon hearing that King Lear will give her no dowry. In Measure for Measure , Claudio and Juliet's premarital sex was brought about by their families' wrangling over dowry after
7755-450: The Fire while Allah invites ˹you˺ to Paradise and forgiveness by His grace. He makes His revelations clear to the people so perhaps they will be mindful. O believers! When the believing women come to you as emigrants, test their intentions—their faith is best known to Allah—and if you find them to be believers, then do not send them back to the disbelievers. These ˹women˺ are not lawful ˹wives˺ for
7896-527: The Islamic world have varied according to time and place. Historically, the rules of divorce were governed by the Sharia , as interpreted by traditional Islamic jurisprudence , and they differed depending on the legal school . Historical practice sometimes diverged from legal theory. In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over
8037-448: The Nikkah and had obtained a civil marriage license, which is required to have a marriage legally recognized in the United States. The study also shares that "In some cases, the Islamic marriage contract is completed once the couple has decided to get married, but cohabitation occurs later after the wedding reception. In other cases, the Islamic marriage contract is completed simultaneously with
8178-571: The Quranic term zawj ( Arabic : زوج ), referring to a member of a pair), and this term has recently gained currency among Muslim speakers of other languages as well. The marriage contract is known by different names: Literary Arabic : عقد القران ʿaqd al-qirān , " matrimony contract"; Urdu : نکاح نامہ / ALA-LC : Nikāḥ-nāmah ; Bengali : আকদ , romanized : akd ; Persian : ازدواج ezdevāj "marriage" and سند ازدواج or عقدنامه ( sǎnǎde ezdevāj , aqd nāmeh ) for
8319-430: The U.K.'s Forced Marriage Unit have recognized the severity of this human rights issue and their rescue and support services extend beyond the borders of U.K. territories. Some countries have instituted prison time for parents who try to coerce their children into such unions. Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The theory and practice of divorce in
8460-406: The agreement was to postpone payment of the mahr , some husbands will pressure their wives and insist on the return of what he gave her in order to agree to the dissolution of the marriage. "Where the husband has been abusive or neglectful of his responsibilities, he does not have the right to take his wife's property in exchange for her freedom from him. Unfortunately, most couples refuse to go to
8601-408: The authentic hadith on the topic yet or are following their own whims and desires and twisting interpretations of the Qur'an. Regarding verse 4:24 of the Qur'an, Sunnis say this verse is not in reference to mut'ah marriage and this is a misinterpretation (intentional or not). Rather it is simply stipulating conditions for a normal, valid nikah. Their evidence is that the same wording for mahr, al-ajr,
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#17330847989268742-558: The beginning of 20th century, bridewealth , rather than dowry was the common custom, which often resulted in poor boys remaining unmarried. Stanley J. Tambiah claims the ancient Code of Manu sanctioned dowry and bridewealth in ancient India (typically in Rohtak) and especially in Kadia families, but dowry was the more prestigious form and associated with the Brahmanic (priestly) caste. Bridewealth
8883-483: The beginning of Islam, Nikah mut'ah was a legal contract. The prominent companion and Caliph Abd Allah ibn al-Zubayr was born of nikah mut'ah between Zubayr ibn al-Awwam and Asma bint Abi Bakr . According to al-Raghib al-Isphahani, Abu Dawood al-Tayalisi , and Qadhi Sanaullah Panipati , were major scholarly personalities born of Mut'ah . According to Twelver Shia jurisprudence , preconditions for mut'ah are: The bride must not be married, she must attain
9024-423: The betrothal. Angelo's motive for forswearing his betrothal with Mariana was the loss of her dowry at sea. In Victorian England , dowries were viewed by some members of the upper class as an early payment of the daughter's inheritance . In some instances, daughters who had not received their dowries were the only female heirs entitled to part of the estate when their parents died. If a couple died without children,
9165-465: The bride into the marriage against her proclaimed will. Furthermore, according to Khomeini and Ali al-Sistani , both of whom are Shi'ite scholars (having the degrees mujtahid and marja' ), and also almost all contemporary scholars, the marriage is invalid without the bride's free consent and no obligation can make marriage official and legal. A notable example of this is the Hanafi school (the largest of
9306-402: The bride should be given away by someone from her religious background. The bride is normally present at the signing of the marriage contract. The walī mujbir ( وَلِي مُجْبِر ) is a technical term of Islamic law which denotes the guardian of a bride. In traditional Islam, the literal definition of walī , which means "custodian" or "protector", is used. In this context, it is meant that
9447-747: The certificate. The marriage celebration may be called ʿurs / zawāj ( Arabic : زواج / عرس ), ezdewaj/arusi (Persian), shaadi (Urdu), biye/biya (Bengali) or düğün (Turkish). In Arabia before the advent of Islam in the 7th century CE , a variety of different marriage practices existed. The most common and recognized types of marriage at this time consisted of: marriage by agreement, marriage by capture, marriage by mahr, marriage by inheritance, and "Mot'a" or temporary marriage. In Mesopotamia , marriages were generally monogamous, except among royalty, who would have harems consisting of wives and concubines. The Sasanian society followed Zoroastrianism, which viewed women to be possessions in marriage, although consent
9588-653: The church door at the wedding. If the husband died first, which was frequent, there was a Widows dowry of one third of the husband's lands at the time of his marriage; the income, and in some cases, the management, of the lands, was assigned to her for the rest of her life. This concept is included in the Great Charter , and along with the recognition of female inheritance and absence of the Salic law , and women, particularly single women, holding many rights equivalent to those men held, manifests English law differing fundamentally from
9729-410: The civil marriage and is followed immediately by the wedding reception." There is ongoing debate about whether or not Sharia should be recognized in western countries like the United States and Australia that would allow for the Nikkah to be recognized as a legally valid marriage. There are also other elements to the Islamic marriage rituals that have difficulty being acknowledged in courts, according to
9870-415: The consent of the bride. If the bride is silent about the issue, i.e. her wali expressed his intention to marry her off to a certain man, and she did not object to it, then consent is assumed via her lack of objection. Children in some Muslim sub-cultures who defy their parents' wishes may in practice, suffer penalties supported by the community. International awareness, campaigns and organizations such as
10011-548: The convents as places to put their daughters. In the County of Bentheim in Lower Saxony , for instance, parents who had no sons might give a land dowry to their new son-in-law. It was commonly given with the condition that he take the surname of his bride, in order to continue the family name. Dowry was used in England. However, the right of daughters to inherit and of women to hold property and other rights in their own name made it
10152-399: The costs of a surgery negotiates a temporary marriage deal with Mr. Payam (Neimah Djourabchi). Dowry A dowry is a payment, such as land property, monetary, cattle or any commercial asset that is paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower . While bride price or bride service
10293-491: The couple have sexual intercourse. According to this interpretation of the rules of iddah, if a woman marries a man in this way and has sex, she has to wait a number of months before marrying again and therefore, a woman cannot marry more than three or four times in a year. In authentic hadith found in Sahih Muslim 1407, Ali himself corrected Ibn Abbas regarding nikah mut'ah that the prophet Muhammad forbade it forever on
10434-489: The couple. This is called rukhsati in desi culture— i.e. when the wife leaves her family's home to move in with her husband, having been assured that her husband has obtained a good job and home and has received her dower (in Arabic, mahr ). This should not be confused with Islamic tradition though, as it is a distinctly cultural practice). In Arabic-speaking countries, marriage is commonly called zawāj ( Arabic : زواج , from
10575-508: The courts to terminate the civil marriage. Divorced Muslim women today also face the stigmas associated with being divorced within the North American Muslim community that can make it difficult for them seek remarriage. Gender roles and ideas about marriage have also shifted since the early onset of Islam when many of the rules around marriage were established. ISPU reports that "the most frequent source of marital conflict in this study
10716-528: The day of Khaibar: 'Ali (Allah be pleased with him) heard that Ibn Abbas (Allah be pleased with them) gave some relaxation in connection with the contracting of temporary marriage, whereupon he said: Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's Messenger (ﷺ) on the Day of Khaibar prohibited that forever - along with the eating of flesh of domestic asses. Ali also narrated in Sahih al-Bukhari 4216 that it
10857-403: The debts. Not only the bride's family, any person could donate his property as dowry for the woman. Two types of dowry were known— dos profectitia and dos adventitia . That dos is profectitia which was given by the father or father's father of the bride. All other dos is adventitia. Roman law also allowed for a species of dowry, called dos receptitia , which was given by some other person than
10998-463: The dictionary of Qur'anic terms states, The people of Faith are in agreement that Mut'ah is halal, then a great man said Mut'ah was abrogated, other than them remaining scholars, including the Shi'a believe Mut'ah remain halal in the same way it was in the past. Ibn Abbas held this viewpoint and Imran bin Husain . De facto temporary marriages were conducted by Sunnis by not specifying how long
11139-446: The disbelievers, nor are the disbelievers lawful ˹husbands˺ for them. ˹But˺ repay the disbelievers whatever ˹dowries˺ they had paid. And there is no blame on you if you marry these ˹women˺ as long as you pay them their dowries. And do not hold on to marriage with polytheistic women. ˹But˺ demand ˹repayment of˺ whatever ˹dowries˺ you had paid, and let the disbelievers do the same. That is the judgment of Allah—He judges between you. And Allah
11280-439: The dowry had to be kept separate for it was expected to support the wife and her children. The wife was entitled to her dowry at her husband's death. If she died childless, her dowry reverted to her family, that is her father if he was alive, otherwise her brothers. If she had sons, they would share it equally. Her dowry was inheritable only by her own children, not by her husband's children or by other women. In archaic Greece ,
11421-463: The dowry in one lump sum. The practice of dowry in the Indian subcontinent is a controversial subject. Some scholars believe dowry was practiced in antiquity, but some do not. Historical eyewitness reports (discussed below) suggest dowry in ancient India was insignificant, and daughters had inheritance rights, which by custom were exercised at the time of her marriage. Documentary evidence suggests that at
11562-423: The dowry originally consisted of clothing for the bride, linen, and bedding. Linen became less common, a fact blamed on poor flax harvest and girls being poor spinners, but emphasis was added to the finest of the clothing, and a money dowry was sometimes added, particularly if the bride was regarded as having some fault. Prospective in-laws, usually concerned mostly with her working ability, grew more concerned about
11703-472: The dowry to invest for the mutual benefit of the couple and their children, but wives also often used funds from their dowries to operate their own businesses, as grocers, tavern keepers, and shop owners in urban areas. Dowries were a common custom in the early colonial years, but were passing out of use by the mid-18th century. By that time, less wealthy daughters were often marrying without any dowry. The French government made efforts to encourage marriage for
11844-430: The dowry. According to Herodotus , auctions of maidens were held annually. The auctions began with the woman the auctioneer considered to be the most beautiful and progressed to the least. It was considered illegal to allow a daughter to be sold outside of the auction method. Attractive maidens were offered in an auction to determine the bride price to be paid by a swain, while in the case of maidens lacking attractivity
11985-434: The father or father of the bride's father, in consideration of marriage, but on the condition that it should be restored back to the dowry giver, on the death of the wife. The bride's family were expected to give a dowry when a girl married, and in proportion to their means. It was customary for the bride's family and friends to pay promised dowries in installments over three years, and some Romans won great praise by delivering
12126-424: The first two years of a child's life before it is weaned. Islahi writes that "this relationship is established only with the full intent of those involved. It only comes into being after it is planned and is well thought of". The daughter-in-law is prohibited for the father, and the mother-in-law, the wife's daughter, the wife's sister and daughters of the wife's siblings (nieces), the maternal and paternal aunts of
12267-399: The four classical schools of Islamic thought), which holds that a bride's permission is required if she has reached puberty. They also hold that if a bride was forced into marriage before reaching puberty, then upon attaining puberty she has the option to nullify the marriage if she wishes. A wali other than the father or the paternal grandfather of the bride, then called wali mukhtar , needs
12408-587: The groom's family gave the bridewealth, it tended to be given back as dowry to the bride as part of her conjugal estate. Michael Witzel , in contrast, claims the ancient Indian literature suggests dowry practices were not significant during the Vedic period. Witzel also notes that women in ancient India had property inheritance rights either by appointment or when they had no brothers. The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they cite ancient Indian literature suggesting bridewealth
12549-420: The judge and binding arbitration for these issues even though the Quran says: "If you anticipate a split between them, appoint a mediator from his family and another from hers. If they desire reconciliation, Allah will restore harmony between them. Surely Allah is All-Knowing, All-Aware." Mahr ( donatio propter nuptias ) differs from a marriage dowry or gift, in that it is mandatory for a Muslim marriage and
12690-458: The law of the Continent, especially the law of the Holy Roman Empire . Thirteenth-century court records are filled with disputes over dowries, and the law became increasingly complex. The English dowry system permitted most noble families to marry off their daughters and thereby gain extended kin and patronage ties. Marriageable daughters were a valuable commodity to ambitious fathers, and
12831-410: The majority of Sub-Saharan African societies that practice "homogenous inheritance" in which property is transmitted only to children of the same sex as the property holder. These latter African societies are characterized by the transmission of the " bride price ", the money, goods or property given by the groom or his family to the parents of the bride (not the bride herself). Goody has demonstrated
12972-459: The male perspective for brevity; the analogous counterparts apply from the female perspective; e.g., for "aunt" read "uncle". The Quran states: 4:19 O believers! It is not permissible for you to inherit women against their will or mistreat them to make them return some of the dowry ˹as a ransom for divorce˺—unless they are found guilty of adultery. Treat them fairly. If you happen to dislike them, you may hate something which Allah turns into
13113-765: The marriage contract where she would mention this is binding if the man has agreed to it. If a man fears that he will not be able to meet the conditions mentioned above then he is not allowed more than one wife otherwise this action is seen as a sin. If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice—two, three, or four. But if you are afraid you will fail to maintain justice, then ˹content yourselves with˺ one or those ˹bondwomen˺ in your possession. This way you are less likely to commit injustice. A bride-to-be may include terms in her marriage contract that require monogamy for her husband or require her consent before he marries another wife. Sororal polygyny
13254-536: The marriage contract – is called nikah , which already in the Quran is used exclusively to refer to the contract of marriage. In the Hans Wehr Dictionary of Modern Written Arabic , nikah is defined as "marriage; marriage contract; matrimony, wedlock". (In some marriages in some predominantly Muslim cultures such as in Pakistani culture, there may be a delay between the nikkah and the actual enjoinment of
13395-450: The marriage would last in the written documents themselves while orally agreeing to set a fixed period. Even though nikah mut'ah is prohibited by the four Sunni madh'habs (legal schools of law), several types of innovative marriage exist, including misyar (ambulant) and ʿurfi (customary) marriage; however these are distinct from the Twelver Shia understanding. Some regard misyar as being comparable to nikah mut'ah : for
13536-407: The maternal grandfather and of the paternal grandmother (great aunts) are also included on an equal basis in the application of the directive. Marriage to what is sometimes described as foster relations in English are not permitted, although the concept of " fosterage " is not the same as is implied by the English word. The relationship is that formed by suckling from the breast of a wet nurse . This
13677-416: The norms of divorce shifted from traditional jurists to the state. Hanafi/Ottoman rules on divorce were fragile and complex. The husband in repudiating his wife could declare an irrevocable or revocable divorce. The irrevocable divorce was immediate and the women could not be remarried until after a specific waiting period. An example of a waiting period would be having to wait for three menstrual circles from
13818-519: The oldest available records, such as the Code of Hammurabi in ancient Babylon , the dowry is described as an already-existing custom. Daughters did not normally inherit any of her father's estate. Instead, with marriage, the bride got a dowry from her parents, which was intended to offer her as much lifetime security as her family could afford. In Babylonia, both bride price and dowry auctions were practiced. However, bride price almost always became part of
13959-485: The parents die, and the joint family partitions, this jointly held wealth was then divided among the married sons, such that ultimately, the bride's dowry given to the joint family returned to her and her husband as their "conjugal fund." Schlegel and Eloul expanded on Goody's model through further statistical analysis of the Ethnographic atlas. They argue that a major factor in determining the type of marriage transaction
14100-454: The permissibility of practising Mut'ah after the death of the Prophet. Early Sunni hadith scholars such as `Ata' ibn Abi Rabah , Ibn Jurayj , Ahmad ibn Hanbal etc. deemed Mut'ah marriages valid and permissible. Yemeni scholar Al-Shawkani (1759 CE /1173 AH - 1839 CE /1255 AH); reported in Nayl al-Awtar that the influential Sunni Mufassir Ibn Jarir al-Tabari (839–923 CE / 224–310 AH) held
14241-446: The permission of her wali if she has never been married before, she must be Muslim or belong to Ahl al-Kitab (People of the Book) , she should be chaste, must not be a known adulterer, and she can only independently do this if she is Islamically a non-virgin or she has no wali (Islamic legal guardian). At the end of the contract, the marriage ends and the wife must undergo iddah ,
14382-442: The power to negotiate the terms of their marriage contract, and could even initiate divorce. Muhammad had reformed the laws and procedures of the common marriage practices that existed during his prophethood. The rules of "marriage by agreement (marriage through consent)" were reformed and a strict set of rules and regulations were put in place. The practice of "marriage by inheritance" was forbidden. Several chapters and verses from
14523-510: The property owned by a family, if any, was earmarked for equal division or inheritance by sons only. Dowry was the only way assets were transferred to a daughter. It included immovable property such as land, and movable property like jewelry and fine clothing. The dowry she brought with her was typically sequestered from the property of her husband and other male members in a joint family. She would often sell this property for cash to overcome hard economic times or needs of her children and husband. In
14664-425: The property within the nuclear family. Close family are the preferred marriage partners so as to keep property within the group. There is a scholarly debate on Goody's theory. Sylvia Yanagisko argues, for example, that there are a number of societies including parts of Japan, Southern Italy, and China, that do not support Goody's claim that dowry is a form of female inheritance of male property. She notes that Goody's
14805-485: The reason the man typically gets the right to divorce is that his judgment is thought to be more balanced than the woman. Again, the only reason the woman can ask for a divorce is if there is something significantly wrong with the man. Divorce was supposed to be reserved for last case scenarios and not something that was used for harm. The Qur'an says "Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness", which exemplifies that it
14946-509: The reign of Akbar , the third emperor of the Mughal Empire who started the religion Din-i Ilahi , debates on religious matters were held weekly on Thursdays. When discussing nikah mut'ah , Shi'ite theologians argued that the historic Sunni scholar Malik ibn Anas supported the practice. However, the evidence from Malik's Muwatta (manual of religious jurisprudence) was not forthcoming. The Shi'ite theologians persisted and nikah mut'ah
15087-464: The rights of the husband and wife are non-existent. This was primarily used by those who could not stay at home with their wife and traveled a lot. For example, a traveling merchant might arrive at a town and stay for a few months, in that period he may marry a divorced widow, and they would take care of each other. When he has to leave to the next town, the marriage is over, and he might sign a mut'ah contract at his next place. Although in modern times such
15228-458: The root of paraphernalia ) and is referred to as paraphernal property or extra-dotal property . A dowry may also have served as a form of protection for the wife against the possibility of ill treatment by her husband and his family, providing an incentive for the husband not to harm his wife. This would apply in cultures where a dowry was expected to be returned to the bride's family if she died soon after marrying. In contemporary Greece, dowry
15369-644: The same view. Some Sunnite scholars narrated that Malik ibn Anas and Al-Shafi'i sanctioned temporary marriages. According to prominent Indian Salafi scholar Waheed-ud-Deen Zaman: "On the topic of Mut'ah , differences have arisen amongst the Sahaba , and the Ahl al-Hadith , and they deemed Mut'ah to be permissible, since Mut'ah under the Shari'ah was practiced and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practice of Mut'ah
15510-413: The silence of the bride is considered consent. In most schools of Islamic law , only the father or the paternal grandfather of the bride can be walī mujbir . If the conditions are met and a mahr and contract are agreed upon, an Islamic marriage ceremony, or wedding, can take place. The marital contract is also often signed by the bride. The consent of the bride is mandatory. The Islamic marriage
15651-524: The sole purpose of "sexual gratification in a licit manner". In Ba'athist Iraq , Uday Hussein 's daily newspaper Babil , which at one point referred to the Shi'ites as " Rafida ", a sectarian epithet for Shia, condemned Wahhabi clerics as hypocrites for endorsing Misyar while denouncing Mut'ah . According to classical Sunni scholars such as Ibn Hazm (384 - 456 A.H / 994 - 1064 C.E), Ibn Hajar al-Athqallani (773 - 852 A.H / 1372 - 1449 C.E), etc.; numerous prominent companions continued to believe in
15792-492: The story goes about Imam Muhammad bin Ali around 829 AD. It is typically followed by a celebratory reception in line with the couple's or local customs, which could either last a couple of hours or precede the wedding and conclude several days after the ceremony. Quran 24:33 tells believers to keep their chastity if they do not marry. Quran 24:32 asserts that marriage is a legitimate way to satisfy one's sexual desire. Islam recognizes
15933-663: The study, including the Mahr, or the dowry. Women who are denied their dowry do not have a clear path to legal contestation in either the US or Canada. Studies have also shown that even young Muslim Americans who might describe themselves as "not very religious" embrace the rituals of their faith at important moments of transition – birth, death, and marriage. These occasions motivate reaffirmation of emotional and behavioral touchstones, even for those who do not practice their faith by attending mosque, praying or fasting regularly. When it comes to divorce,
16074-490: The superiority of a husband over his wife is relative, and the obedience of the wife is also restrictive. Women are also reminded that in case the husband is not fulfilling his responsibilities, there is no stigma on them in seeking divorce . The Quran re-emphasizes that justice for the woman includes emotional support, and reminds men that there can be no taking back of the mahr or bridal gifts given to women unless they are found guilty of sexual immorality . In cases where
16215-420: The time of the divorce. Or, if the husband died, the woman must wait four months and ten days after his death. If the woman was pregnant, she must wait until after the child is born. If the divorce was revocable, the divorce is not final until after the waiting period. However, they could remarry if it was a revocable divorce. Many couples did get remarried after a revocable divorce. The women's ability to divorce
16356-464: The unlawful if he does marry, then marriage in his case is mustahabb (preferred)." There are several conditions for an Islamic marriage to take place: According to Islam, both men and women have rights over each other when they enter into a marriage contract, with the husband serving as protector and supporter of the family most of the time, from his means. This guardianship has two aspects for both partners: Several commentators have stated that
16497-426: The usual practice was to give a bride price ( hédnon ( ἕδνον )). Dowries ( pherné ( φερνή )) were exchanged by the later classical period (5th century B.C). A husband had certain property rights in his wife's dowry. In addition, the wife might bring to the marriage property of her own, which was not included in the dowry and which was, as a result, hers alone. This property was "beyond the dowry" (Greek parapherna ,
16638-438: The value of sex and companionship and advocates marriage as the foundation for families and channeling the fulfillment of a base need. Marriage is highly valued and regarded as being half of one's faith, according to a saying of Muhammad . Whether marriage is obligatory or merely allowed has been explored by several scholars, and agreed that "If a person has the means to marry and has no fear of mistreating his wife or of committing
16779-439: The wedding rejoicings are brought forward. No gift (dower or dowry) is settled between them. The man gives only a present to the wife, as he thinks fit, and a marriage gift in advance, which he has no right to claim back, but the (proposed) wife may give it back to him of her own will (if she does not want to marry). Al-Biruni further claims that a daughter, in 11th-century India, had legal right to inherit from her father, but only
16920-457: The wife are all prohibited for the husband. However, these are conditional prohibitions: The Quran states: Do not marry polytheistic women until they believe; for a believing slave-woman is better than a free polytheist, even though she may look pleasant to you. And do not marry your women to polytheistic men until they believe, for a believing slave-man is better than a free polytheist, even though he may look pleasant to you. They invite ˹you˺ to
17061-481: The wives of your own sons, nor two sisters together at the same time—except what was done previously. Surely Allah is All-Forgiving, Most Merciful. Seven relations are prohibited because of consanguinity , i.e. kinship or relationship by blood, viz. mothers, daughters, sisters, paternal aunts, maternal aunts, and nieces (whether sister's or brother's daughters). In this case, no distinction is made between full and half relations, both being equally prohibited. Distinction
17202-444: The work is done by women. These are the societies that give brideprice . Boserup further associates shifting horticulture with the practice of polygamy , and hence bridewealth is paid as a compensation to her family for the loss of her labour. In plough agriculture farming is largely men's work; this is where dowry is given. In contrast, plough agriculture is associated with private property and marriage tends to be monogamous, to keep
17343-487: Was a greater legal empowerment of women, while providing economic security to divorced women, widows, and children. According to one ethnographic study of indigenous cultures worldwide, around six percent of North American indigenous cultures practised reciprocal exchange, involving the giving of gifts between both the bride and groom's families. Among the tribes of the American Plains, a combination of dower and dowry
17484-515: Was absent, or infrequent enough to be noticed by Arrian. About 1200 years after Arrian's visit, another eyewitness scholar visited India named Abū Rayḥān al-Bīrūnī , also known as Al-Biruni, or Alberonius in Latin. Al-Biruni was an Islamic era Persian scholar who went and lived in India for 16 years from 1017 CE. He translated many Indian texts into Arabic, as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed, The implements of
17625-576: Was conflict over changing gender roles and expectations," citing a nation-wide increase in women in higher education and professional jobs over the past three decades, and says that they "In many cases are trying to integrate childrearing and family life with professional goals". In March 2017, Salamet Memetimin, an ethnic Uyghur and the Communist Party secretary for Chaka township's Bekchan village in Qira County , Hotan Prefecture , Xinjiang , China,
17766-486: Was considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned to celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property, not property demanded by or meant for the groom; Lochtefeld further notes that bridal adornment is not currently considered as dowry in most people's mind. The above analysis by various scholars
17907-482: Was created by Allah to provide a foundation for family life and the whole of society." Islamic marriages require acceptance ( قُبُوْل , qubūl ), of the groom, the bride and the consent of the custodian ( walī ) of the bride. The wali of the bride is normally a male relative of the bride, preferably her father. The wali can only be a free Muslim , unless the bride is of the Christian or Jewish faith; in such cases
18048-461: Was done previously. It was indeed a shameful, despicable, and evil practice. 4:23 ˹Also˺ forbidden to you for marriage are your mothers, your daughters, your sisters, your paternal and maternal aunts, your brother's daughters, your sister's daughters, your foster-mothers, your foster-sisters, your mothers-in-law, your stepdaughters under your guardianship if you have consummated marriage with their mothers—but if you have not, then you can marry them—nor
18189-506: Was forbidden by the prophet Muhammad at Khaibar: Narrated `Ali bin Abi Talib: On the day of Khaibar, Allah's Messenger (ﷺ) forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat. Because of these narrations (and many others forbidding it), all Sunni scholars consider it forbidden until the Day of Judgement, and that anyone who does not consider it forbidden either have not heard
18330-424: Was later banned by him. Both sides emphasize the sharp role of Caliph Omar in the ban. Quran 4:24 , which is referenced on the subject, is given with translations that highlight different understandings. (see: Hadith of Mut'ah and Imran ibn Husain ) Some Muslims and Western scholars have stated that both Nikah mut'ah and Nikah misyar are Islamically void attempts to religiously sanction prostitution which
18471-547: Was legalized for the Twelver Shia during Akbar's reign. According to Sunni Arab jurisdiction of Jordan ; if the nikah mut'ah meets all other requirements, it is treated as if it were a permanent marriage (i.e. the temporary conditions are invalid and void). The thirteenth century scholar, Fakhr al-Din al-Razi said, Amongst the Ummah there are many great scholars who deem Mut'ah to have been abrogated, whilst others say that Mut'ah still remains. The Gharab al-Quran ,
18612-415: Was much different and much more limited. If the woman finds out the husband has some disease or is impotent, the judge gives the husband a year to consummate the marriage before divorce is allowed. Also, the women can divorce by using the "option of puberty" in which the women would have to provide witnesses of the menstrual blood. Finally, a woman could use the "hul", which is a Turkish word, for divorce. This
18753-451: Was paid even in brahma- and daiva-types of marriage associated with the Brahmanic (priestly) upper caste. Dowry was not infrequent, when the girl suffered from some bodily defect. Property rights for women increased in ancient India, suggest MacDonell and Keith, over the Epics era (200 BC – 700 AD). Kane claims ancient literature suggests bridewealth was paid only in the asura-type of marriage that
18894-525: Was relieved of her duties for taking her nikah marriage vows at her home. In interviews with Radio Free Asia in 2020, residents and officials of Shufu County (Kona Sheher), Kashgar Prefecture (Kashi) stated that it was no longer possible to perform traditional Uyghur nikah marriage rites in the country. Nikah mut%27ah Nikah mut'ah Arabic : نكاح المتعة , romanized : nikāḥ al-mutʿah , "pleasure marriage"; temporary marriage or Sigheh ( Persian : صیغه ، ازدواج موقت )
19035-449: Was removed from family law through legal reforms in 1983. The Romans practiced dowry ( dos ). The dowry was property transferred by the bride, or on her behalf by anyone else, to the groom or groom's father, at their marriage. Dowry was a very common institution in Roman times, and it began out of a desire to get the bride's family to contribute a share of the costs involved in setting up
19176-524: Was required in both marriage and divorce. According to Islamic sources, most women in the pre-7th century Arabia had little control over their marriages. They were rarely bound by contract for marriage or custody of children and their consent was rarely sought. Women were seldom allowed to divorce their husbands and their view was not regarded for either a marriage or divorce. However, in the transitional age from non-Islamic to Islamic society, elite women could divorce and remarry without stigma. They were given
19317-459: Was required. Furthermore, the offer and acceptance had to be made in the presence of at least two witnesses. As in many religions, marriage is encouraged in Islam, family life is considered a "blessing" and a source of stability. One source lists five Quranic verses (Q. 24:32 , 25:74 , 40:8 , 30:21 , 5:5 ) encouraging marriage to "discourage immorality". A BBC page for GCSE WJEC (secondary education) religious studies states, "For Muslims, marriage
19458-405: Was restricted to the lower castes, who were not allowed to give dowry. He cites two studies from the early 20th century with data to suggest that this pattern of dowry in upper castes and bridewealth in lower castes persisted through the first half of the 20th century. However, it is more likely that marriages involved both reciprocal gifts between the two families, claims Tambiah, so that insofar as
19599-443: Was sometimes called wreath money , or the breach of promise . Providing dowries for poor women was regarded as a form of charity by wealthier parishioners. The custom of Christmas stockings springs from a legend of St Nicholas , in which he threw gold in the stockings of three poor sisters, thus providing for their dowries. St. Elizabeth of Portugal and St. Martin de Porres were particularly noted for providing such dowries, and
19740-544: Was supposed to be honorable for both man and woman if it needed to be done. It was not taken lightly and it was a big decision on both party's part. In certain sections of the Jahiliyyah Arab tradition, the son could inherit his deceased father's other wives (i.e. not his own mother) as a wife. The Quran prohibited this practice. Marriage between people related in some way is subject to prohibitions based on three kinds of relationship. The following prohibitions are given from
19881-520: Was used. The groom would give a gift of horses to the bride's parents, while they in turn would give a gift to the groom. The exchange was somewhat reciprocal. Spanish colonists brought the dowry custom to Mexico. Spain's laws gave brides the right to control their dowry after marriage, contrary to the usual European practice of transferring the dowry to the control of the groom and his family. Women, in practice, often did maintain control over their dowry after marriage. The husband might be given funds from
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