The Life & Character of the Seal of Prophets (sa) - Volume II — Page 513
XI - Treachery of the Banū Quraiẓah and the End of the Jews in Madīnah, Laws of Marriage and Divorce 513 Islāmic Law of Marriage and Divorce Many Islāmic injunctions relevant to marriage and divorce, etc. , were also revealed during this very year. At this instance, therefore, it seems appropriate to present a brief outline relevant to issues of marriage and divorce as taught by the Islāmic law. Firstly and foremost, it should be known that prior to Islām there was no specific law imposed among the Arabs with relation to marriage and divorce. In fact, the only form which existed was that of tradition and custom, and adherence to this depended on the will of every individual. It is for this reason that in different parts of the country and within various tribes, this custom took on differing forms. On a general note it should be understood that there was no real limitation among the Arabs as far as lawful and unlawful relations were concerned, to the extent that people would even marry their step-mothers. 1 The custom of forcefully taking possession of the widow of a near relative was also prevalent. 2 There were different forms of marriage, and among them, four were most prevalent and renowned. Firstly, was the custom of marriage, which was established in Islām, albeit, in a more pure and wholesome manner. However, the remaining three were so filthy and vile that a person’s disposition feels hesitation in even alluding to them. 3 There was no limit in polygamy, rather, the number of wives depended on a person’s individual requirement, wealth and desire. 4 There was no law in order to ensure equality and justice between wives, nor did any responsibility lie upon the husband in this respect. There were no stipulated rights of men upon women, or of women upon men, rather, everything was left upon the husband’s choice. There was no law of divorce. A husband would separate from his wife when and how he so willed. If the husband did not allow, there was no other route for a woman to seek a divorce. As a matter of fact, even after a divorce had been issued, cruel men would continue to control their divorcees, and would forbid them from marrying anyone else. 5 There was no law regarding ‘Iddat either. Immediately after separation, a woman would be considered free to marry 1 An-Nisā’ (4:23) 2 An-Nisā’ (4:20) 3 Ṣaḥīḥul-Bukhārī, Kitābun-Nikāḥ, Bābu Man Qāla Lā Nikāḥa Illā Bi-Waliyyin, Ḥadīth No. 5127 4 Sunanut-Tirmidhī, Kitābun-Nikāḥ, Bābu Mā Jā’a Fir-Rajuli Yuslimu Wa ‘Indahū ‘Ashru Niswatin, Ḥadith No. 1128 5 Al-Baqarah (2:233)