Links to related posts: (Chapter 1, Chapter 2, Chapter 3 [Part 1][Part 2][Part 3])
Muslim Family Law
Before the introduction of Islam, Arabic family customs regarded women largely as property. One male head ruled over one or more wives with any married sons and their families. Divorce was as simple as stating the desire to be divorced and the woman had no rights or say in the matter.
Islamic law has as its cornerstone a respect for the role of marriage and family and a deep seated concern for the welfare of the wife. Marriages, often arranged by the families far in advance, were considered contracts not only between two individuals but agreements between the families themselves. Quranic law also gave women the right to arrange their own marriage contracts and to keep her dower for herself rather than giving it up to her husband. Most importantly women gained the right to inherit property, an innovation that only firmly established itself in the west in the early 20th century. Men were admonished to take up to four wives but only if they could demonstrate that they could care for them all equitably and provide them separate housing in accordance with the family’s means. This typically meant a room of their own or more rarely an entire house.
However even with Quranic admonitions, women were still not considered equals. Early Muslim society still suffered from centuries of traditional behaviors which took some time for the populous to unlearn. Further, since the roles of man and woman were very strictly defined with the man taking care of outside affairs while the woman focused on the home, some inequities still exist such as the fact that the eyewitness accounts of two women count only as much as one male account of identical quality.
Divorce also became more difficult under Islam and according to the Quran, divorce is the most reprehensible act that is not strictly forbidden. Traditionally, the man could divorce the woman with just a word while the woman must go to court and prove her grounds to be granted her request. Traditional Muslim divorce took three very similar forms, each actionable by the husband:
- A single pronouncement of the phrase, “I divorce you” was sufficient to divorce a wife though there was a requisite three month waiting period before the act was final. The delay was intended to assure that the wife wasn’t with child before the dissolution.
- Similarly, three pronouncements of the phrase in three consecutive months would actuate a legal separation. Once the final month had passed the act was final and the couple could not remarry unless the wife married someone else first and consummated that relationship.
- Lastly, and most problematically, the husband can merely declare three times in immediate succession and the divorce is final and immediate. This is seen as antithetical to the Quran which admonishes husbands to wait three months for the reasons stated in method one above.
The other Muslim tradition most familiar to Westerners is the hijub, or chader, the wearing of burqa and veils to hide all but the eyes and hands of women. While not strictly prescribed by Islam, this tradition acquired from conquered Persian and Byzantine lands does fulfill the Quranic requirement to “speak from behind a screen and be modest.” Unfortunately, this tradition combined with the purdah, or seclusion of women, has had a vast and deleterious impact on women themselves. This separation from the outside world has in some cases left them ignorant even of their duties to God.
Popular Religion
Islam has in its history also enjoyed a wide variety of variation in practice. As we’ve seen in earlier sections, Muslim adherence ranges extremely literal to much more relaxed. At the end of Chapter 3 our author introduces us to the Sufi. The Sufi are Muslim mystics much like traditional western monks. They lived isolated ascetic lifestyles in an attempt to connect directly with God. By blocking out all worldly distractions they hope to be directly and personally inspired. In 1058, Abu Hamid al-Ghazuli was born and he was to become to great unifier of the Sufi religion with mainstream Islam. Al-Ghazuli was a successful lecturer until one day he was mysteriously struck mute. In personal anguish at his loss, he retreated into the wilderness and there became a Sufi and thereafter their greatest spokesperson (at least in writing.)
After al-Ghazuli, Sufi practices started to see widespread acceptance. In pursuit of a connection with God, the Sufi practiced four basic methods of self-purification:
- Self-denial – poverty, fasting, silence. It was believed that only by stripping away earthly desires and distractions could one come to truly know God.
- Repetition of a Mantra – often the Sufi would repeat the names of God hundreds of thousands of times in a sitting
- Song and Dance – it was believed that through music one could become intoxicated by the presence of God. The most famous of the Sufi dances is that of the Whirling Dervishes which reenacts the motion of the celestial bodies around the sun(? Would they have had a Heliocentric view of the universe at this time? We’re talking about 1100 AD.)
- Veneration of Muhammad and the Sufi saints – it was believed that the saints provided a link between God and mankind
Unfortunately for the Sufi, their methods of worship gradually came to be their undoing. Much of their practices came to be considered heretical and by the 17th century they had become a repressed minority.
Similarly, the Shii also venerate special humans as god-like in the person of the Imams. While the Sunni reject any such notion vehemently, the Shii recognize 14 pure or perfect ones: The prophet and his immediate family along with the 9 Imams. The Imams have their birthdays and death anniversaries celebrated yearly by the Shii faithful.
Another central figure of Shii faith is Prince Husayn who was martyred in the year 680. The town of Kafa called to the Prince to save them from a tyrant. The Prince left Mecca with a procession of only 77 followers but upon his arrival he is greeted by an army of Syrians in the tens of thousands. His small band is quickly overwhelmed but not before the Prince’s brother Hasan killed 3,000 Syrian soldiers single-handedly. As the Prince is making one final charge to the attack he is suddenly called back to his camp where his women await him. While on his way he is attacked by a group of cowardly archers who riddle him with hundreds of arrows. Husayn along with his mother Fatima are held up as elite examples of proper Muslim behavior.
Textual Note: Items in this post are noted in the order they appear in the book. Oddly, this is resulted in a somewhat fragmented presentation of the material. At a later date this will be revised into one longer volume with arranges the information presented in a more topically logical manner.
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