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All these stories demonstrate the Islamic concept of the dowry.
It is an essential part of the marriage contract, it must be something
of value, but need not in fact, should not. be a vast amount of money.
The dowry becomes confirmed in the sense that it becomes the woman's
own property by three things. Firstly, when the marriage is
consummated. If the marriage is consummated, a husband cannot
withdraw the dowry of his wife, either partly, or completely, without
the wife's own consent. This is because consummation makes marriage
confirmed and completes its fundamentals. The man is completely
responsible for his wife, and must undertake his marital duties,
including paying the dowry to her. once his marriage is consummated.
The dowry il also confirmed by Khulwah: This means that when a man
and his wife are alone together in a place where nobody can see them,
and when there is nothing that prevents them from consummating their
marriage, the dowry will be confirmed even without consummation.
Finally, the dowry is confirmed by the death of either a man or his
wife, although death terminates the marriage contract, its terms still
renain valid. "If the dowry is not paid, the wife, and, after her
death, her heirs may sue for it.... When she is entitled as against
the other heirs of her husband and against the creditors of her
husband to retain possession of the property until her dowry is
satisfied.
" 1
Here appears one of the Islam major changes in the woman's
. situation in respect of the dowry. In pre-Islamic Arabia, the guardian
used to take, in most cases. the dowry for himself and the woman has no
, right to claim or take it for herself. Islam considered this condition
carefully and made the dowry for the woman. Furthermore, she has the
right, to, claim her dowry from her husband's heirs when he dies without
Ibid
93