Dower

Dower is a consideration of the contract of marriage. It is essential to the validity of a marriage. The Holy Quraan says: “O Prophet (sallal laahu alaihi wasallam)! Surely We have made lawful to you your wives whom you have given their dowries”. (33:50) Another verse says: “And there is no blame on you to marry them whom you give them their dowries”. (60:10)

Dower is an essential part of marriage but it is not invalid if it is not paid or contracted before marriage. The Holy Quraan says: “There is no blame on you if you divorce women when you have not touched them, or appointed for them a dower.” (2:23) The Holy Quraan also says: “And your women – give their dowries as a gift, but they of themselves be pleased to give up to you a portion of it, them eat it with enjoyment and pleasure.” (4:4) Islam has prescribed dower as a great check for free use of husband’s oppression.

Amount of Dower

The Holy Quraan has laid down no hard and fast rule about the amount of dower. It is to be adjudged according to the social position of the parties, their wealth, their personal qualifications, and conditions of the human society. The Holy Quraan says: “One wealthy according to his means and one straitened in circumstances according to his means”. (2:236)

The dower of Sayyidah Umm-e-Habibah (radi Allahu anha) in marriage with the Glorious Prophet of Islam (sallal laahu alaihi wasallam) was fixed at 4000 Dirhams. Dowry of Holy Prophet’s (sallal laahu alaihi wasallam) daughters was nearly 500 Dirhams for each. Dowry may be increased or decreased after marriage by mutual agreement. (4:24)

The Jurists divided dowry into two portions: one payable o demand called Mehr-e-Mu’ajjal, and another payable at death or dissolution of marriage by divorce called Mehr-e-Muajjal. Where no dower has been fixed, it is to be adjudged according to the amount settled in one’s family and the condition of the husband. After consummation, the wife becomes entitled to full dower, and before consummation only half, or a mere present in case of separation before consummation.

Marriage Feast

Walima is a feast arranged on the occasion of marriage. The husband should invariably give the feast.

Sayyiduna Anas (radi Allahu anhu) reported that the Messenger of Allah (sallal laahu alaihi wasallam) noticed a sign of yellow colour on Abdur Rahman Bin Awf (radi Allahu anhu). He asked: “What is this?” He replied: “I have married a woman for a measure of 5 Dirhams of gold”. He said: “May Allah bless you. Give a feast even though with a goat.” (Agreed) Same reported that Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) did never feed for any of his wives what he fed for Sayyidah Zainab (radi Allahu anha). He gave feast (for her marriage) with a goat. (Agreed)

Sayyiduna Abdullah Bin Omar (radi Allahu anhuma) reported that the Holy Prophet (sallal laahu alaihi wasallam) said: “Whenever one of you is invited to a feast of marriage, attend it”. (Agreed)

Sayyiduna Abu Hurayra (radi Allahu anhu) reported that the Glorious Prophet of Allah (sallal laahu alaihi wasallam) said: “The worst of feasts is a feast of marriage where the rich are invited and the poor are left. Whoso does not attend the invitation, disobeys Allah and His Prophet (sallal laahu alaihi wasallam)”. (Agreed)

Sexual Intercourse

The following rules of sexual intercourse should be observed:

  1. Before actual coition, hold conversation of sexual love and give caresses and kisses. Play and toy in order to rouse sexual organs for easy cohabitation.
  2. Before the act is begun, recite the following: “In the Name of Allah, the Almighty and the Great, Allah is Greatest. O Allah! Protect us from the devil. And keep the devil aloof from what You have provided us.”
  3. Don’t turn the face towards the West.
  4. At the time when semen runs out, think of this verse: “All praise is for Allah Who created man from water. Then He made for him blood and marriage relationship.” (25: 54)
  5. Don’t let out your semen very soon at least before the ovary of your wife comes out. This is made much easier when kisses and caresses and other tactful ways rouse wife’s passions.
  6. Try to enter semen into uterus and don’t throw it outside without any excuse.
  7. Before your second coition, sexual organs must first be cleaned and washed.
  8. Ablution should be made after coition.
  9. Coition should be avoided as far as possible in the nights of the new moon, full moon and at the end of the lunar month.
  10. Sexual intercourse is desirable when the husband and the wife both show inclination for it, and no forcible coition should take place. When a man calls his wife to bed and she declines, Angels curse her and Almighty Allah remains displeased with her.
  11. Coition must always be made with the male organ and the female vaginal canal and never through the rectum.

On the following occasions, sexual intercourse is unlawful:

  1. Intercourse during continuance of the menses of the wife. The Holy Quraan says: “They ask you about menstruation. Say, it is a little harmful.” Therefore, keep aloof from women during their menstrual discharge and do not go near them until they are clean.
  2. After childbirth till the stoppage of blood nearly up to the 40th day.
  3. During the hours of fasting from the appearance of whiteness till the setting of the sun. Intercourse during night is not prohibited even during the fasting month.
  4. Unnatural intercourse either with male or with an animal is unlawful.

If a man promises not to go unto his wife for four months, and if in the meantime, he does not have sexual intercourse with her, the wife will be considered as divorced if not taken in the mean time.

ADOPTION

Adoption is forbidden in Islam is most certain. In verses 4 and 5 of Surah 33, entitled “Al-Ahzab” or “The Clans” we read what may be rendered in translation as follows: “nor has He made your wives whom you declare (to be your mothers) your mothers, nor has He made those whom you claim (to be your sons) your sons. This is but a saying of your mouths. But Allah says the truth and He shows the way. Proclaim their real parentage. That will be more equitable in the sight of Allah. And if you know not their fathers, then they are your brethren in the faith, and your clients. And there is no sin for you in the mistakes that you make unintentionally, but what your hearts purpose (that will be a sin for you). Allah is Forgiving, Merciful”. (33: 4-5)

This is a clear statement of prohibition. When Almighty Allah says that He has not made a particular relationship in a certain fashion, He means that He disapproves of that fashion. When Almighty Allah disapproves something, He forbids it.

This is not to say that a Muslim family may not raise an orphan child or that a woman may not bring up her sister’s children or a man may not look after his brother’s infants. Indeed, such an action is highly rewarded by Almighty Allah. What is more important is to keep the relationship clear and according to the fact. The children must be called after their own parents.

We have also the Holy Prophet’s (sallal laahu alaihi wasallam) Sunnah to confirm this prohibition. The Holy Prophet (sallal laahu alaihi wasallam) had adopted Sayyiduna Zaid Bin Haritha (radi Allahu anhu) as his son before the advent of Islam. Sayyiduna Zaid (radi Allahu anhu) was known from that moment as “Zaid Bin Muhammad”. However when this Quraanic verse was revealed, Zaid (radi Allahu anhu) was called after his own father, Haritha. The Holy Prophet (sallal laahu alaihi wasallam) continued to love Sayyiduna Zaid (radi Allahu anhu) and his children, especially Sayyiduna Usamah (radi Allahu anhu), very dearly.

The question of leaving one’s property by Will to one’s adopted child is truly a separate matter. Islam established a system of inheritance, which is very detailed and fair to all. This system is an essential part of the overall Islamic economic system that ensures the division of property generation after generation. It takes into account the fact that according to Islam, a person is “put in charge” of his property, which belongs to Almighty Allah. Therefore, it is Almighty Allah Who decides how property is divided after death.

If someone raises an orphan child, he can leave a portion of his property by Will. Every person is allowed to bequeath by Will up to one-third of his property, but the beneficiaries of his Will cannot include any of his heirs.

%d bloggers like this: