The Life & Character of the Seal of Prophets (sa) - Volume II — Page 519
XI - Treachery of the Banū Quraiẓah and the End of the Jews in Madīnah, Laws of Marriage and Divorce 519 system, which maintains the legitimate freedom of a woman and her right of choice on the one hand, but on the other hand, she is also saved from the ill consequences of falling into the snare of deception laid out by evil and cunning individuals, as well as from the ramifications of bidding farewell to sensible and experienced advice and being tossed away in a torrent of mere emotion. 9. In Islāmic marriage, the dowry is a necessary condition. In other words, according to his individual capacity, it is compulsory upon the husband to give his wife a certain amount, property or item by mutual agreement. 1 This dowry is like a legal debt and is subject to the absolute ownership and control of the wife. Moreover, this dowry is in addition to the portion she receives as inheritance upon the demise of her husband. In other words, a woman receives monetary gain by three different means: firstly, through her parents by way of inheritance; 2 secondly, through her husband by way of his inheritance; 3 thirdly, through her own dowry. To crown it all off, a woman is not responsible for any domestic expenses. 10. According to his capacity, the husband is responsible for bearing the necessary expenses of his wife. 4 This expense is in addition to the dowry, etc. 11. If the husband or wife desire to settle a specific agreement or conditions at the time of their marriage, they are permitted to do so, and both shall be required to comply accordingly. 5 However, they must not stipulate any conditions, which are against a 1 * An-Nisā’ (4:25-26) * Al-Baqarah (2:238) * Mishkātul-Maṣābīḥ, Kitābun-Nikāḥ , Bābuṣ-Ṣadāq, Al-Faṣluth-Thānī, Ḥadīth No. 3206, p. 588, Dārul- Kutubil-‘Ilmiyyah, Beirut, Lebanon, First Edition (2003) 2 An-Nisā’ (4:12) 3 An-Nisā’ (4:13) 4 * Al-Baqarah (2:234) * An-Nisā’ (4:35) * Aṭ-Ṭalāq (65:7-8) * Ṣaḥīḥul-Bukhārī, Kitābun-Nafaqāt, Bābu Ḥabsir-Rajuli Qūta Sanatin ‘Alā Ahlihi. . . . . , Ḥadīth No. 5357 * Ṣaḥīḥu Muslim, Kitābul-Ḥajj, Bābu Hajjatin-Nabiyyi sa , Ḥadīth No. 2950 * Sunanu Abī Dāwūd, Kitābun-Nikāḥ, Bābu Fī Ḥaqqil-Mar’ati ‘Alā Zaujihā , Ḥadīth No. 2143 5 * Ṣaḥīḥul-Bukhārī, Kitābun-Nikāḥ, Bābush-Shurūṭi Fin-Nikāḥ, Ḥadīth No. 5151 * Ṣaḥīḥul-Bukhārī, Kitābun-Nikāḥ, Bābush-Shurūṭillati Lā Taḥillu, Ḥadīth No. 5152 * Sunanut-Tirmidhī, Kitābun-Nikāḥ, Bābu Mā Jā’a Fish-Sharṭi ‘Inda ‘Uqdatin-Nikāḥ, Ḥadīth No. 1127