86. Females and the treaty of Hodeibia.
Females were not included in the truce of Hodeibia. The stipulation for the surrender of deserters referred only to the male sex. All women who were to come over to Medina from Mecca during the period of the peace were, by the dictates of Sura LX, 10, to be tried, and if their profession was found sincere, they were to be retained. They were prohibited from marrying the unbelievers. The guardians of such believing females were to receive from the Moslem commonwealth what they had spent upon their charges. Sir W. Muir understands from Sura LX, verse 10, that the women referred to therein were the wives of the Meccans, and says:—"The unbelief of their husbands dissolved the previous marriage; they now might legally contract fresh nuptials with believers, provided only that restitution were made of any sums expended by their former husbands as dower upon them."[284] But there is nothing either to show that the women had their husbands at Mecca, or to prove, that, on account of their husbands' unbelief, their marriages were annulled. As marriage with women with husbands is forbidden in Sura IV, verse 28, and the verse LX, 10, under discussion, does not designate them as married women, I fairly conclude that this verse treats only of such as were not married. It is not the Law of the Koran that the unbelief of either party dissolves their previous marriage. It only enjoins neither to marry idolatresses, nor to wed Moslem daughters with idolaters until they believe.—(Sura II, 220.)
87. Stanley defended.
Sir William Muir, after quoting Sura LX, 10-12, says, "Stanley on Corinthians (1 Cor. VII, 1-40) quotes the above passage, and says that the rule it contains "resembles that of the Apostle," Vol. I, page 145. But there is really no analogy between them; the Gospel rule differs toto cœlo from that of Mahomet:—"If any brother hath a wife that believeth not, and she be pleased to dwell with him, let him not put her away.—And similarly the case of a believing wife with an unbelieving husband. (1 Cor. VII, 12-16.) Whereas Mahomet declares the marriage bond de facto annulled by the unbelief of either party, which indeed was only to be expected from his loose ideas regarding the marriage contract."[285] I think Stanley is quite correct, and the Gospel and the Koranic rule resemble each other in this respect. Because the order, "they (the believing women) are not lawful for them (unbelievers), nor are the unbelievers lawful for these (believing women)," does not relate to the women already married; and the words, "do not retain any right in the infidel woman ... if any of your wives escape from you to the infidels ..." are to the same purport as 1 Cor. VII, 15, "But if the unbelieving depart let them depart. A brother or a sister is not under bondage in such cases."[286]
88. Marriage a strict bond of union.
Mohammad had no loose ideas regarding the marriage tie. He had made the marriage contract more firm and irrevocable, except under very exceptional circumstances, than it was under the Arab society; and called it "a strict bond of union."[287] Mohammad's own daughter, Zeinab, was the wife of an unbelieving husband and had fled to her father at Medina under the persecution at Mecca after the Hegira.[288] Her marriage with her unbelieving partner was not cancelled by Mohammad, and on the conversion of the son-in-law, when he came after a period of six years after his wife had come to Medina, Mohammad rejoined them together under their previous marriage. Theirs was neither a fresh marriage nor a fresh dowry. (Vide Ibn Abbas' tradition in the collections of Ahmed, Ibn Abi Daood, Ibn Maja and Trimizee.) Safwan-bin-Omayya and Ikrama-bin Abi Jahl had believing wives at the time of the conquest of Mecca, and their marriages were not dissolved by Mohammad. (Vide Ibn Shahab's tradition in Movatta by Malik, and in the Tabakat of Ibn Sad Katib Wákidi.) Similarly Ibn Sofian and Hakeem-bin-Hizam had their unbelieving wives retained by them after they had themselves been converted to Islam, and their former connubial connection was not severed by Mohammad. (Vide the several traditions in Baihakee to the above effect.) It was only the legists and juris-consults of a later age who wrongly construed the passage in Sura LX, 10, to mean that the unbelief of either party dissolved the marriage tie.
The Popular Jihád or Crusade; According to the Mohammadan Common Law.
89. The Koran enjoined only defensive wars.
Almost all the common Mohammadan and European writers think that a religious war of aggression is one of the tenets of Islam, and prescribed by the Koran for the purpose of proselytizing or exacting tribute. But I do not find any such doctrine enjoined in the Koran, or taught, or preached by Mohammad. His mission was not to wage wars, or to make converts at the point of the sword, or to exact tribute or exterminate those who did not believe his religion. His sole mission was to enlighten the Arabs to the true worship of the one God, to recommend virtue and denounce vice, which he truly fulfilled. That he and his followers were persecuted, that they were expelled from their houses and were invaded upon and warred against; that to repel incursions and to gain the liberty of conscience and the security of his followers' lives and the freedom of their religion, he and they waged defensive wars, encountered superior numbers, made defensive treaties, securing the main object of the war, i.e., the freedom of their living unmolested at Mecca and Medina, and of having a free intercourse to the Sacred Mosque, and a free exercise of their religion: all these are questions quite separate and irrelevant, and have nothing to do with the subject in hand, i.e., the popular Jihad, or the crusade for the purpose of proselytizing, exacting tribute, and exterminating the idolaters, said to be one of the tenets of Islam. All the defensive wars, and the verses of the Koran relating to the same, were strictly temporary and transitory in their nature. They cannot be made an example of, or be construed into a tenet or injunction for aggressive wars, nor were they intended so to be. Even they cannot be an example or instruction for a defensive war to be waged by the Mohammadan community or commonwealth, because all the circumstances under which Mohammad waged his defensive wars were local and temporary. But almost all European writers do not understand that the Koran does not teach a war of aggression, but had only, under the adverse circumstances, to enjoin a war of defence, clearly setting forth the grounds in its justification and strictly prohibiting offensive measures.