Download - University of Salford Institutional Repository

that
The fact is/ this marriage does not fulfill any 'of the'essential
requirements of marriage and does not treat the woman as a wife in
a long-lasting relationshipg and she has no dowry. ceremony, approval
of kin and at the end of the period. shi was left alone while if she
had a child. she was the one responsible'for all the burden of caring
for it.
3. Nikah al-Muqt ý: This marriage also was called Nikah al Vayyzen
which means "the hateful marriage" and Vaizan was an epithet of "
reproach applied to a man who had made such a marriage. This marriage
allowed a son to have his step-mother in marriage., after the 'death, of
his father. Al-Tabar; - one of the -great commentators gave an
explanation of this marriage : "In the Jahiliyyab, when's man's
father or brother or son died and left a widow. the dead man's heir.
if he came at once and threw his garment -over her, had the right to
marry her under the dowry (mahr) of (i. e. already paid by)'. her
(deceased) lord (sahib). or'to give her in "marriage, Or to take her
dowry. But if she anticipated him and went off to her own peoples
then the disposal of her hand belonged to herself. ' This custom
shows that marital rights are rights of property, which could be
inherited or sold. So. the eldest son would take his father's widow
as a sign that he was taking her in marriage as a 'part of his inheritance
after which he could keep or selther as he pleased. But the woman
might be free if she went off to her own "people or if she paid her
dowry to him, 2
in which caseg his right of inheriting her would
lapse, Moreovere sometimes the heir. instead of taking the woman to
1. al-Tabatl, Vol. 3, P. 219, quoted by Smith. op. cit. $ PO 109
2o Ali: opo . cito. -Volo 4. P. 535
24