Islam Its Belief and Practices - Radical Truth

106 ISLAM ITS BELIEFS AND PRACTICES MARRIAGE AND DIVORCE 107
(3) Kafa'at, Equality.
.. In marriage regard is had to equality, because the
prophet has commanded, saying, "Take ye care that none
contract women in marriage but their proper guardians,
and that they be not so contracted but with their
equals...
"If a woman should match herself to a man who is
her inferior, her guardians have right to separate them, so
as to remove the dishonour they might otherwise sustain
by it."
The following are points to be considered in Kafa'at,
equality:
(i) The tribe or family: Equality is regarded
with respect to lineage, this being a
source of distinctiol'l among mankind.(l)
(ii) Religion: Mawalis, that is to say, 'Ajamis
(non-Arabs), who are neither Qurayshis
nor Arabs, are the equals of each other
throughout, regard not being had among
them to lineage, but to Islam. Thus an
'Ajami whose family have been Mussalmans
for two or more generations is the
equal of one descended of Mussalman
ancestors; but one who has himself embraced
the faith, or he and his father
only, is not the equal of an 'Ajami whose
father and granfather were Mussalmans.
An 'Ajami who is the first of his family
professing the faith is not the equal of a
woman whose father is a Mussalman.
(iii) Freedom: Equality in point of freedom IS
the same as in point of Islam.
(1) "A Quraysh is equal to a Quraysh:'
(iv) Character: Regard is to be had to equality
in piety and virtue.
(v) Fortune: Equality is to be regarded with
respect to property, by which is understood
a man being possessed of a
sufficiency to discharge the dower and
provide maintenance.
(vi) Profession: Equality is to be regarded in
trade or profession.
(4) The Stipulation of Mihr or Dower.
Stipulation of Mihr or dower is one of the conditions
of Muslim marriage, nevertheless in the words of Hidaya,m
'A marriage is valid, although no mention be made of it
by contracting parties.'
The laws regarding the Mihr are as follows:
(i) The lowest legal dower: The smallest
dower is ten Dirhems. If a man assign,
as a dower, a sum under ten dirhems,
yet his wife shall receive the whole ten
dirhems, according to Imam Abu l:!anifa.
(ii) The wife is entitled to her whole dower,
upon the consummatiol\l of the marriage,
or the death of her husband.
(iii) In case the husband was to divorce his wife
before the consummation of the marriage
or Kbilwatu'~-~a!,rlQ. (complete retirement),
she receives half her specified
dower. (See Sura 2 : 236).
(iv) If a man marry a woman without any specification
of a dower, or on condition of
there being no dower, and divorce her
before conjugal relation, the woman in
this case receives a Mata', or present.
(1) Vol. I. B~. II, Ch. III.