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Islam Its Belief and Practices - Radical Truth

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108 ISLAM ITS BELIEFS AND PRACTICES<br />

(v) If a woman exonerate her husb<strong>and</strong> from any<br />

part or even from the whole of the<br />

dower, it is approved.<br />

(vi) If a man retires with his wife, <strong>and</strong> there be<br />

no legal or natural obstruction to the<br />

conjugal relation, <strong>and</strong> he afterwards<br />

divorce her, the whole dower in this case<br />

goes to her. Such retirement is called<br />

Khilwatu'~-~aQ.iQ., the complete retirement.<br />

(vii) If a man retire with his wife whilst one of<br />

them is sick, or fasting in the month of<br />

Rama4an, or in the IQ.ram of a pilgrimage,<br />

whether obligatory or voluntary, or<br />

of a visitation at the shrine of the<br />

prophet, or whilst the woman is in her<br />

courses-this is not regarded as a<br />

Khilwatu·~-~aQ.iQ. (see above vi) or complete<br />

retirement, insomuch that if the<br />

man were to divorce his wife after such<br />

a retirement, the woman is entitled to<br />

her half dower only; because all the<br />

above circumstances are bars to the<br />

conjugal relation.<br />

(viii) When the husb<strong>and</strong> has duly paid to his wife<br />

the whole of her dower, he is at liberty<br />

to carry her wherever he pleases.<br />

(ix) A woman may refuse to admit her husb<strong>and</strong><br />

to conjugal relation until she receives<br />

her dower of him. A woman is also at<br />

liberty to resist her husb<strong>and</strong> taking her<br />

upon a journey until she shall have<br />

received her dower of him.<br />

MARRIAGE AND DIVORCE 109<br />

(x) It is further to be observed, that even if the<br />

husb<strong>and</strong> should have conjugal relation,<br />

or should have been in Kbilwatu'~-~aQ.iQ.<br />

with his wife, yet the rule is the same;<br />

that is to say, she is still at liberty to<br />

refuse to admit him to conjugal relation,<br />

or to resist his taking her upon a<br />

journey, until such time as she shall have<br />

received the whole of her prompt dower<br />

from him. But she is, notwithst<strong>and</strong>ing,<br />

entitled to her subsistence.<br />

(xi) Dower is of the following kinds:<br />

(a) Mihr Mu'ajjal, "prompt dower," the<br />

dower stipulated to be paid promptly<br />

after marriage.<br />

(b) Mihr Muwajjal, "delayed dower," the<br />

dower stipulated to be paid at some<br />

future period, as a year, or so forth.<br />

(c) Mihru'l-Mithal, "proper dower," is<br />

that which is:regulated, in its amount<br />

or value, by that of the dower of her<br />

paternal relations, such as her<br />

paternal sisters or aunts, or the<br />

daughters of her paternal uncles, <strong>and</strong><br />

so forth. A woman's Mihru'l-Mithal<br />

is not to be regulated by the dower<br />

of her mother or her aunt, where<br />

they are not descended of her<br />

father's family.<br />

(5) The Absence of Legal Disabilities,<br />

The prohibitions to marriage are based on the teaching<br />

of the Qur'an, Sura 4: 26,27. According to the explanation<br />

given by Sayyid Amir Ali, the prohibitions may be

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