“The learned conclave are unanimous in declaring that many instances have occurred of women dying from the barbarous cruelty of their husbands in this respect; and if the husband be even a day-labourer, and he does not give his wages to his wife, she will claim them on the Day of Judgment. It is incumbent on the husband to bestow on the wife a daily allowance in cash, and he must also allow her every expense of feasting, and of excursions, and the bath, and every other kind of recreation. If he has not generosity and pride enough to do this, he will assuredly be punished for all his sins and omissions on the Day of Resurrection. And whenever he goes to the market, he must buy fruit and other little things, and put them in his handkerchief, and take them to his wife, to shew his affection for her, and to please her heart. And if she wishes to undertake a little journey, to go to the house of her friends for a month, to attend the baths, or enjoy any other pastime, it is not fit for the husband to deny those wishes, and distress her mind by refusal. And when she resolves upon giving an entertainment, it is wájib that he should anticipate what she wants, and bring to her all kinds of presents, and food, and wine, required on the festive occasion. And in entertaining her guests, and mixing among them, and doing all that hospitality and cordial friendship demand, she is not to be interrupted or interfered with by her husband saying, ‘What have you done? where have you been?’ And if her female guests choose to remain all night, they must be allowed to sleep in the woman’s room, while the husband sleeps apart and alone. The learned conclave unanimously declare that the woman who possesses such a husband—a man so accommodating and obedient, is truly fortunate; but if he happens to be of an opposite character, morose, disobliging, and irritable, then indeed must she be the most wretched of womankind. In that case she must of necessity sue for a divorce, or make him faithfully promise future obedience and readiness to devote himself wholly to her will and pleasure. If a divorce is denied, she must then pray devoutly to be unburthened of her husband, and that she may soon become a widow. By artifice and manœuvring the spouse may thus be at length induced to say: ‘Do, love, whatever you please, for I am your dutiful slave.’ Bíbí Ján Afróz says, ‘A woman is like a nosegay, always retaining its moisture so as never to wither.’ It is not, therefore, proper that such a lovely object should be refused the comfort and felicity of taking pleasant walks in gardens with her friends, and manifesting her hospitality to her guests; nor is it reasonable that she should be prevented from playing on the dyra, and frequently visiting her acquaintance.
“Should her husband, however, maliciously and vexatiously refuse these rights, she cannot remain longer in his house. An old or ugly woman does not lie under the same obligation; she may submit to any privation without infringing the rules of decorum. The conclave also declare that the husband’s mother, and other relations, are invariably inimical to the wife: it is therefore wájib that she should maintain her authority when thwarted in her views, by at least once a day using her fists, her teeth, and kicking, and pulling their hair, till tears come into their eyes, and fear prevents further interference with her plans. Kulsúm Naneh says that she must continue this indomitable spirit of independence until she has fully established her power, and on all occasions she must ring in her husband’s ears the threat of a divorce. If he still resists, she must redouble all the vexations which she knows from experience irritate his mind, and day and night add to the bitterness and misery of his condition. She must never, whether by day or by night, for a moment relax. For instance, if he condescends to hand her the loaf, she must throw it from her, or at him, with indignation and contempt. She must make his shoe too tight for him, and his pillow a pillow of stone: so that at last he becomes weary of life, and is glad to acknowledge her authority. On the other hand, should these resources fail, the wife may privately convey from her husband’s house everything valuable that she can lay her hands upon, and then go to the Kází, and complain that her husband has beaten her with his shoe, and pretend to shew the bruises on her skin. She must state such facts in favour of her case as she knows cannot be refuted by evidence, and pursue every possible plan to escape from the thraldom she endures. For that purpose, every effort of every description is perfectly justifiable, and according to law.
“And the seven learned expounders of the customs regarding the conduct and demeanour of women in Persia declare, that among the forbidden things is that of allowing their features to be seen by men not wearing turbans, unless indeed they are handsome, and have soft and captivating manners; in that case their veils may be drawn aside without the apprehension of incurring blame, or in any degree exceeding the discretionary power with which they are traditionally invested. But they must scrupulously and religiously abstain from all such liberties with Múllahs and Jews; since, respecting them, the prohibition is imperative. It is not necessary, however, to be very particular in the presence of common people; there is nothing criminal in being seen by singers, musicians, hammám-servants, and such persons as go about the streets to sell their wares and trinkets.” (Atkinson’s Customs and Manners of the Women of Persia, p. 54.)
WOMEN. Arabic nisāʾ (نساء).
I.—The Condition of Women before the time of Muḥammad.
Although the condition of women under Muslim law is most unsatisfactory, it must be admitted that Muḥammad effected a vast and marked improvement in the condition of the female population of Arabia.
Amongst the Arabs who inhabited the peninsula of Arabia the condition of women was extremely degraded, for amongst the pagan Arabs a woman was a mere chattel. She formed the integral part of the estate of her husband or father, and the widows of a man descended to his son or sons by right of inheritance, as any other portion of patrimony. Hence the frequent unions between step-sons and mothers-in-law, which were subsequently forbidden by Islām, were branded under the name of Nikāḥu ʾl-Maqt, or “odious marriages.”
The pre-Islāmic Arabs also carried their aversion to women so far as to destroy, by burying alive, many of their female children. This fearful custom was common amongst the tribes of Quraish and Kurdah. For although they used to call the angels “daughters of God,” they objected (as do the Badawī to this day) to female offspring, and used to bury their infant daughters alive. This horrible custom is referred to in the Qurʾān, where it is said, [Sūrah vi. 138]: “Thus have their associates made seemly to many of the idolaters the killing of their children to destroy them.” And, again, [Sūrah xvi. 60, 61]: “When any one of them has tidings of a female child, his face is overclouded and black, and he has to keep back his wrath. He skulks away from the public for the evil tidings he has heard;—is he to keep it in disgrace, or to bury it in the dust?”
It is said the only time on which ʿUs̤mān shed a tear, was in the days of ignorance, when his little daughter, whom he was burying alive, wiped the dust of the grave-earth from his beard.
The ancient Arabic proverbs illustrate the ideas of pre-Islāmic Arabia as to the position of women, e.g.:—