Nowadays educated Muslim girls
are having a greater say in the choice of husband, but it is still
considered that the parents' opinion of the boy is of great
importance, and it is rare part of the Muslim tradition for either
to be married with the consent of their parents or
guardians.
When a girl reaches the age of marriage it is
customary for the Muslim parents to play a major role in the
choice of the husband, but she must be consulted. It is reported
that when a girl came to the Prophet complaining that she had been
married without being consulted, the Prophet directed that she was
free to have the marriage dissolved if she wished.
A widow or a divorcee however
may marry whoever she wishes, presumably because she is considered
to have enough maturity and experience to decide for
herself.
When a girl or woman is married
it is an essential part of the marriage for the bridegroom to give
her a dowry (mahr), which may be of any value agreed upon.
This dowry is not like the old European dowry which was given by a
father to a daughter on her marriage and thence became the
husband's property. Nor is the Muslim dowry like the African
"bride-price" which is paid by the bridegroom to the father as a
form of payment or compensation. The Muslim dowry is a gift from
the bridegroom to the bride and it becomes her exclusive property.
(It remains her property even if she is later divorced. In the
case of Khul'_ that is, divorce at the wife's request, she may be
required to pay back all or part of the dowry.)
The treatment expected from the
husband, whether or not he is on good terms with his wife, is
clearly laid down in the Qur'an:
"Live with them in kindness;
even if you dislike them, perhaps you dislike something in which
Allah has placed much good" (4:19).
Another important benefit to
wives in Islam is that in the moral sphere there is no dual
standard. Whatever may be the habit of men the world over of
blaming women for actions which they condone in themselves,
according to the Qur'an and the teachings of the Prophet, Allah
requires the same high standard of moral conduct from men as it
does from women, and has imposed the same legal penalities on men
and women for infringement of the moral laws. This will be
illustrated by examples later in this paper.
Even if divorce is decided on,
the good treatment referred to before is still required. The
Qur'an says:
"Then keep them in all decency
or part from them decently. It is not lawful for you to take
anything you have given them" (2:229).
Thus Qur'an also
says:
"Once you divorce women and they
have reached the end of their waiting period, then either retain
them in all decency or part from them in decency. Do not retain
them unjustly so that you exceed the limit; anyone who does that
merely hurts himself" (2:231)
Kind treatment of wives and
families is a part of the religion in Islam. The Prophet Muhammad
has said:
"From among the believers are
those who have the kindest disposition and are kindest to their
families, such are those who show most perfect faith".
And according to another
hadith:
"The best among you are those
who are kindest to their wives".
Divorce is taken to be a last
resort in Islam. The Prophet Muhammad said:
"Of all the things Allah has
permitted, the one He most dislikes is
divorce".