AL-�AZL

Coitus interruptus is permitted, but it is useless if the object is to prevent conception, for that is in the hand of Allah.  AbU Sirma reports: �We went out with Allah�s Messenger on the expedition. . . . and took some excellent Arab women; and we desired them . . . but we also desired ransom for them.  So we decided to have sexual intercourse with them but by observing �azl.� They consulted Muhammad, and he advised: �It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born� (3371).

author : ram swarup

WOMEN�S RIGHTS

In return, a woman has her rights.  She is entitled to a lawful maintenance (nafaqah); if the husband fails to provide it, she can seek a divorce.  She is also entitled to a dowry (mahr), or what the QurAn in some verses (4:24, 33:50) calls her �hire� (ujUrat).  She can claim it when divorced.

She is also to be consulted in the choice of her partner.  �A woman who has been previously married (Sayyib) has more right to her person than her guardian.  And a virgin should also be consulted, and her silence implies her consent� (3307).  Theoretically, a Muslim woman is entitled to make the marriage contract herself, but in practice it is her nearest kinsman, the guardian (walI), who does it.  The father and the grandfather are even called �compelling walIs.� According to some schools, a minor girl given in marriage by a guardian other than her father or grandfather can seek dissolution of the marriage when she attains her majority.

author : ram swarup

THE HUSBAND�S RIGHTS

A husband has complete sexual rights over his wife.  �Your wives are your tilth; go then unto your tilth as you may desire� (3363).  The same idea is also found in the QurAn (2:223).  Another hadIs in the same group tells the husband that �if he likes he may have intercourse being on the back or in front of her, but it should be through one hole� (3365), which means vagina only, as the commentators tell us.

It is the duty of a wife to be responsive to all of her husband�s overtures.  �When a woman spends the night away from the bed of her husband, the angels curse her until morning� (3366).

author : ram swarup

PROHIBITIONS

The law appears to be quite indulgent, but it is not entirely so.  There are many restrictions on grounds of number, consanguinity, affinity, religion, rank, etc.  For example, a man cannot marry more than four free women at a time (QurAn 4:3)-there is no restriction on the number of slave concubines.  Also, one cannot marry one�s wife�s father�s sister nor her mother�s sister (3268-3277).  It is also forbidden to marry the daughter of one�s foster brother, or even the sister of one�s wife if the wife is alive and not divorced (3412-3413).

It is also forbidden to marry an unbeliever (QurAn 2:220-221).  Later on, this restriction was relaxed, and a male Muslim could then marry a Jew or a Christian (QurAn 5:5).  Under no circumstances could a female Muslim marry a nonbeliever.

Marriage is also disallowed when the parties are not equal in rank or status (kafa�ah), though what is rank is differently understood by different people.  Generally speaking, an Arab is considered higher than a non-Arab, the Prophet�s relatives being the highest.  One who had committed a portion of the QurAn to memory was considered a qualified match by Muhammad himself.  A woman came to him and entrusted herself to him.  He �cast a glance at her from head to foot . . . but made no decision� about her.  Then a Companion who was there stood up and said: �Messenger of Allah, marry her to me if you have no need for her.� But the man possessed nothing, not even an iron ring for a dowry.  He was turning away in disappointment when Muhammad asked him if he knew any verses of the QurAn and could recite them.  The man said yes.  Then Muhammad decided and said: �Go, I have given her to you in marriage for the part of the QurAn which you know� (3316).

One should also not outbid one�s brother.  �A believer is the brother of a believer, so it is not lawful for a believer to outbid his brother, and he should not propose an agreement when his brother has thus proposed until he gives it up� (3294).

ShighAr marriage is also prohibited (3295-3301). This is the marriage which says: Marry me your daughter or sister, and in exchange I will give you in marriage my daughter or sister.

One should also not marry when one has put on the ritual garb of pilgrimage.  �A Muhrim should neither marry nor make the proposal of marriage,� reports UsmAn b. AffAn, quoting the Prophet (3281).  But this point is controversial, for Muhammad himself �married MaimUna while he was a Muhrim� (3284).

One cannot remarry one�s divorced wife unless she subsequently married someone else and the new husband had sexual intercourse with her and then divorced her (3354-3356).  A divorcee married but then decided to go back to her old husband.  Seeking the Prophet�s permission, she told Muhammad that all the new husband possessed was �like the fringe of a garment� (i.e., he was sexually weak).  The Prophet �laughed� but withheld the permission.  �You cannot do that until you have tasted his [the new husbands] sweetness and he has tasted your sweetness,� he told her (3354).

author : ram swarup

TEMPORARY MARRIAGE (Mut�ah)

Muhammad allowed temporary marriages.  �Abdullah b. Mas�ud reports: �We were on an expedition with Allah�s Messenger and we had no women with us.  We said: Should we not have ourselves castrated?  The Holy Prophet forbade us to do so.  He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment [for a dowry].� At this �Abdullah felt happy and remembered the QurAnic verse: �The believers do not make unlawful the good things which Allah has made lawful for you, and do not transgress.  Allah does not like transgressors� (3243; QurAn 5:87).

JAbir reports: �We contracted temporary marriage giving a handful of dates and flour as a dower� (3249).  He told another group: �Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Holy Prophet, and during the time of AbU Bakr and �Umar� (3248). IYas b. Salama reports, on the authority of his father, �that Allah�s Messenger gave sanction for contracting temporary marriage for three nights in the year of AutAs [after the Battle of Hunain, A.H. 8] and then forbade it� (3251).

Sunni theologians regard this form of marriage as no longer lawful, but the Shias differ and still practice it in Persia.  The Shia theologians support this with a QurAnic verse: �Forbidden to you also are married women, except those who are your hands as slaves. . . . And it is allowed you, besides this, to seek out wives by means of your wealth, with modest conduct, and without fornication.  And give those with whom you 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� (QurAn 4:24).

author : ram swarup