More About Kayalpatnam

An extract from The Travels of Marco

Polo, Volume 2, by Marco
Polo and Rustichello of Pisa, et al,
Edited by Henry Yule and Henri
Cordier. Marco Polo was a Venetian
explorer (now Italy) who lived
between 1254(?) and 1324. 

[It must be mentioned there are some

historians who question the veracity
ofMarco Polo's recordings] 

Chapter XII talks about the city

ofCail (or Kayal). At the end of the translation, there are notes
added by Henry Yule - which clearly dispute the claim
(quoting Rev.Caldwell) that present Kayalpatnam is same as
the ancient Kayal (the one talked about by Marco Polo).

www.kayalpatnam.com/kayalhistoryarticle-marcopolo.asp

Few doubt today that an ancient city called Kayal (Qail, Quil) ever existed. It is widely
acknowledged by the scholars that a city by that name did flourish in ancient time as a
commercial port - carrying on trading with countries as far away as Greece and China.

There are several references to this trading port in various literary works, notably in the
travel work of Marco Polo. What is less certain, however, is whether that ancient port is
what that exists today as the bustling town of Kayalpatnam. Several archeological
evidences seem to suggest so, but still some doubts persist.

Early settlers of Kayal

The First Wave

In about 875 AD, or so the legend goes, not far way from Cairo, the capital of Egypt, on
the shadows of Mount Mukhadham, existed a town called Qirafathul Kubra. It was
from this town that year, the legend continues, about 224 men, women and children, all
descendants of the first caliph of Islam, Abubacker Siddique (Ral), belonging to the
Bakhri tribe, left the Egyptian shores, under the leadership of Mohamed Kalji, in a ship
made of wood (hence marakayar?) and eventually landed on the shores of Kayal. 

This region, at that time, was under the rule of the Pandya king Abhirama Raja Adhiraja
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Raja Jayaveera Rajukaar. It is said that the new arrivals were given land by the King to
settle and carry on their trading. A land title was also issued by the King to this effect.

The Second Wave

In about 1284 AD, it is said, 5 boat loads of people, escaping repression and natural
disaster, left Egypt to various destinations. One such boat people, it is believed, reached
the city of Kayal. The number of people in this 'second major wave' of settlers is
unknown, but they were reportedly well received by the Pandya ruler of the time,
Sundarapandya Thevar. The settlers were lead by Syed Jamaludeen, believed to be the
21st descendant of Prophet Muhammed (Sal).

It is said that the Pandya king sent Syed Jamaludeen as his emissary to the court of
Kublai Khan. After his return, it is believed, Syed Jamaludeen regularly supplied horses
to the king and eventually rose to become the commander of the king's army. Following
the death of Sundarapandya in 1294 AD, Syed Jamaludeen is believed to have
succeeded to the throne. 

Is the present city of Kayalpatnam remnant of an ancient city? 

Literary Argument 

As evidences to the claim that the present Kayalpatnam is indeed on the site where
ancient Kayal existed, several passages from literary works are quoted. One such is
from Pandit Jawaharlal Nehru's Discovery of India. Bishop Caldwell's History of
Tinnevelly is also quoted. 

Archeological Argument 

Burial grounds of Kayalpatnam have turned in few objects of interest. At one place,
chinese porceleins were found. They are believed to be centuries old. At another place,
swords and other arms were found. These, it is suggested, probably belonged to a dead
soldier who was buried along with his armaments. These evidences point to a well
developed, major urban settlement dating to some time early in the present millennium. 

Numismatical Argument 

Bishop Caldwell, in his History of Tinnevelly reports discovery of large quantities of

Arabic coins on the roads leading to Kayalpatnam. It is a well established belief that
there was brisk trade between the people of Kayal and other foreign countries. 

Tombstones Argument 

The Muslim community of Kayalpatnam must have mostly consisted of Arabs and also
some persians. This is reflected in the early tombstones found in the town. Some of the
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tombstones record the origin of the deceased as al-qahiri, indicating that the person or
his ancestors were from Egypt. Another tombstone at a different site records the origin
of the deceased as al-iraqi. Some other tombstones carry the surname al-mabari (the
natives). 

Doubts raised 

There are many who dispute the claim that Kayalpatnam is the Kayal of the legend.
Among them is Henry Yule, who has translated the works of Marco Polo. He says that
the real site of this once celebrated port (Kayal) has never been identified in any
published work. He continues, 

They state also that the name of Kayalpattanam has only recently been given to it, as a
reminiscence of the older city. The old Kayal, and the erroneously named Koil in the
Ordinance Map of India, is situated on the Tamaraparni river about a mile and a half
from its mouth. 

Yule tentatively suggests Nagore as the probable site. There are also many other
suggested sites. 

Why the name 'Kayalpatnam'? 

In Tamil, the word Kayal stands for the sea and the adjoining lands. Patnam literally means a city
or town. Hence Kayalpatnam refers to the city adjoining the sea. Few towns nearby also carry
Kayal as part of their name.

This page has been almost entirely adapted from the souvenir
released to mark the centenary of  Kayalpatnam Selection Grade
Town Panchayat Board (released in 1990)

Courtesy: www.kayalpatnam.com

Maricar In History

Maricar's hail from Kayalpatnam, a seashore town in Southern Tamil Nadu, India which
is steeped in history. Arab traders had a flourishing business in South India with the
Pandian Kingdom (capital at Madurai), the rulers of Malabar (Kerala) and Ceylon (Sri
Lanka). Kayalpatnam was a major international port with trade relations with the Arabs,
Europeans & Chinese. The great international traveler of yore, Marco Polo had visited
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Kayalpatnam in the middle ages and described it as a thriving international port.

With the advent of Islam, these Arab traders introduced the new faith in the region.
They married amongst the local population and their descendents are the present day
population of Kulasekarapatnam, Kayalpatnam, Keezhakkarai, Maricarpatnam,
Adirampatnam, Tondi, Karaikal etc. along the Tamil Nadu coast; many settlements on
the Malabar / Kerala coast and the southern sea coast of Ceylon like Galle, Batticola.

The main item of trade of the Arabs was natural pearls fished in the Gulf of Mannar,
Palk Strait separating Ceylon (Sri Lanka) from South India and horses. These pearls
were exchanged with horses brought from Arabia.

The name Maricar / Marikar / Maraicar / Maraikar is a corruption of the Tamil word
"maraikkalayar" meaning people engaged in shipping trade. Yes, it was indeed so. The
community of Maricars, found amongst settlements along the Tamil Nadu,Kerala and
Sri Lankan coast were engaged in international trade in gems, pearls, horses and
commodities for centuries. Today, we talk of foreign and global trade, but they were the
pioneers. The present generation have not given up their forefathers' tradition of
international trade. They can be found all over the world in important trading cities in
India, Sri Lanka, South East Asia, China, Far East, Middle East, Africa, Europe and
Americas, engaged in a variety of international trade and industries, more so in centers
of gems and jewellery.

Courtesy:www.maricars.com

Lankan Muslims' Historical Links With India 

by PK Balachandran 
Hindustan Times 
April 3, 2006

Sri Lanka's indigenous Muslims, called Ceylon Moors, like other communities in the
island, have had historical ties with India, especially Tamil Nadu and Kerala in South
India.

India's impact on the Ceylon Moors (a community distinct from Indian Moors who are
more recent Muslim migrants from India) cannot be ignored because it can be seen in
the language, culture and practices of the community.

The active links have snapped, but the legacy is there for all to see.
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Early migration from Kerala

Ceylon Moors are of Arab descent. Although from the earliest times, Arabs from the
Gulf had been coming straight to the island for trade, the really significant migration for
settlement came via the Malabar coast in what is now Kerala.

Marina Azeez, in her contribution to The Ethnological Survey of the Muslims of Sri
Lanka (The Razik Fareed Foundation, Colombo, 1986) says: "The first Muslim fleet is
said to have sailed to the Indian Ocean in 636 AD during the Caliphate of Omar; and
since then Muslim traders began settling along the Malabar coast of India wherein pre-
Islamic-time Arabs had settled as far back as the 4th.century AD."

"According to Tennent (James Emerson Tennent, London, 1859) when these

settlements expanded with increase in trade as well as migration, the people spread to
the coasts of Sri Lanka, settled here and carried on their trading activities."

By 7th Century AD the Arabs had settled in Kayalpatnam in what is now Tamil Nadu.
From Kayalpatnam, they spread to the East and West coasts of Sri Lanka.

Although the Arabs had been traders from the earliest times, Islam gave their
occupation a tremendous boost. Expansion of trade meant more settlers overseas and
more converts from non-Arab peoples.

"By the 9th century AD all trade between Europe and the East was transferred to the
Arabs, and by the 14th. Century AD they were operating in the region of the Persian
gulf, the Indian Ocean, the Malay Archipelago and China," says Azeez.

The Muslims of Arab-Indian origin from Malabar and Kayalpatnam, along with those
from Arab lands, settled in Colombo and Beruwela, a coastal town en route to Galle.

Beruwela, which retains its distinctive Muslim character even today, received its first
Muslim immigrants in 1024. It is acknowledged that the art of weaving was introduced
in Beruwela by migrants from Kayalpatnam.

Colombo, which has a substantial Muslim population even today, was predominantly
Muslim when the Portuguese arrived in Sri Lanka in 1505, says Azeez.

Muslims of Arab and Arab-Indian descent, married local women in Sri Lanka. They
mostly took Tamil wives because the Tamils populated the coast and were the local
traders too.

Those who headed for the Eastern Sri Lankan coast, arrived first in Kathankudy near
Batticaloa. Today, Kathankudy is perhaps the only all-Muslim town in Sri Lanka. It
also has the largest number of mosques per square kilometre in the world.
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In Batticaloa, the Muslim Arabs and those of Arab-Indian descent married local women
from the dominant Mukkuvar caste.

Adoption of Tamil language

The early Muslim settlers in Sri Lanka adopted Tamil as their spoken language. This
was because Tamil was the language of the traders in South India and Sri Lanka and it
is these Tamil trader families the Muslims married into.

The Portuguese chronicler, Duartes Barbossa, wrote in the 16th.century AD that in the
port of Colombo, the Muslims spoke a mixture of Arabic and Tamil and used the
Arabic script to write Tamil.

Tamil, written in the Arabic script, came to be known as "Arabic Tamil".

Many Muslims in the Sinhala majority areas now say that their mother tongue is Arabic
Tamil.

The Muslims of Sri Lanka produced literature in Arabic-Tamil, as well as pure Tamil,
using the Arabic script, besides the Tamil script.

However, Arabic Tamil as a literary tool is not in vogue now. The Muslims today use
the purest form of Tamil in their writings and formal speech. But their spoken Tamil
remains unique, with the use of Arabic and Islamic words, terms and expressions.

In his paper "The Language and Literature of the Muslims" MM.Uwise says that
"Muslim Tamil" is different from the Tamil spoken by Sri Lankan Tamils in terms of
words used and also pronunciation.

The use of Arabic words and terms is easily noticeable.

But many of the differences could be traced to the Sri Lankan Muslims' historic links
with Indian Tamils and Malayalees of Kerala.

To give just one example, "Itam" (Sri Lankan Tamil word for place) becomes "Etam" in
Muslim Tamil. But in Tamil Nadu too, Itam is pronounced as Etam or Edam.

Some of the Muslim Tamil words are actually classic Tamil words, which are still in
vogue in Tamil Nadu.

The Sri Lankan Muslims use "Nombu" for the "vrat" or "vritham" (fasting). Recitation
of prayers is "Odhudhal" not "vaasithal." But both Nombu and Odhudhal are pure
Tamil words, which are used in Tamil Nadu as substitutes for the Sanskritic terms
Vritam and Vaasithal.
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 There are signs of Malayalam influence too. "Kudithen" (drank) becomes "kudichcha"
which is but a variation of the Malayalam "kudichchu".

In Tamil Nadu Tamil too, Kudithen is Kudichchen.

Uwise says that the Tamil spoken by the Muslims living in the Sinhala areas is very
different from the Tamil spoken by Muslims in the Tamil areas. He also says that the
Muslims in the Sinhala areas use many Sinhala words.

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Preliminary- nikah in pre Islamic Arabia, meant different forms of sex relationship between a man
and a woman established on certain terms, in pre Islamic days, women were treated as chattels, and
were not given any right of inheritance and were absolutely dependent. it was prophet mohammad
who brought about a complete change in the position of women.

Definition- The legal contract between a bride and bridegroom as part of an Islamic marriage; the
contract of Islamic marriage; Islamic marriage in general.
Nikah is an Arabic term used for marriage. It means "contract". The Quran specifically refers to
marriage as "mithaqun Ghalithun,". Which means "a strong agreement".

The original meaning of the work nikah is the physical relationship between man and woman. It is
also used secondarily to refer to the contract of marriage which makes that relationship lawful.

"A contract that results in the man and woman living with each other and supporting each other
within the limits of what has been laid down for them in terms of rights and obligations."

Ibn Uthaimeen takes an even more comprehensive view of the institution of marriage in his
definition of it as:
"It is a mutual contract between a man and a woman whose goal is for each to enjoy the other,
become a pious family and a sound society.”

Essential Condition of Nikah

Nikah is based on few conditions. When these conditions are fulfilled, then a man and a woman
are proclaimed as husband and wife and can live together and carry on their marital duties. These
are:

Essentials of Marriage
The essentials of a valid marriage are as follows:-
(i) There should be a proposal made by or on behalf of one of the parties to the marriage, and an
acceptance of the proposal by or on behalf of the other party. A Muslim marriage requires proposal
‘Ijab’ from one party and acceptance ‘Qubul’ from the other side. This must be done in one sitting.

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(ii) The proposal and acceptance must both be expressed at once meeting. The acceptance must be
corresponding to what is being offered. The marriage must be effectively immediate. If the Wali
says “ I will marry her to you after two months”, there is no marriage.
(iii) The parties must be competent. The two parties must be legally competent; i.e. they must be
sane and adult.
(iv) There must be two male or one male & two female witnesses, who must be sane and adult
Mahomedan present & hearing during the marriage proposal and acceptance. (Not needed in Shia
Law)
(v) Neither writing nor any religious ceremony is needed.

Aim and Object of Nikah

Like anything a Muslim does, marriage should only be undertaken after gaining an understanding
of all that Allah has prescribed in terms of rights and obligations as well as gaining an
understanding of the wisdom behind this institution. Nearly all peoples and all societies practice
marriage in some form, just as they practice business (buying and selling). Umar ibn Al-Khattab
used to expel people from the marketplace in Madina who were not knowledgeable of the fiqh of
buying and selling. Likewise, a Muslim should not engage in something as important as marriage
without having understanding of the purpose of marriage in Islam as well as a comprehensive
understanding of the rights and obligations which it brings about.

One of the principles of Islamic Jurisprudence says that: "The default state of all things is
lawfulness until some evidence shows otherwise." Based on this, if new foods are discovered, they
are considered lawful, unless there is some specific reason or attribute which would make it
forbidden for example if it is causes intoxication. Relations between men and women do not
follow this general principle and in fact are opposite to it. The principle is that: "Relations between
men and women are forbidden until some evidence shows otherwise."

Procreation (Children)
One of the most important purposes of marriage is to continue and increase the population of the
Muslims. Clearly, this goal could be achieved without marriage, but when actions are undertaken
in disobedience to Allah, they do not receive the blessing of Allah and the whole society is
corrupted. The Prophet said:
"Marry, for I will outnumber the other nations by you on Qiyama."

It should be stressed that the goal is not simply to produce any child that will live in the next
generation. It is to produce righteous children who will be obedient to Allah and who will be a
source of reward for their parents after they die. The Prophet will NOT be boasting before the
other nations on the day of Qiyama with children of Muslim parents who left the path of Islam.
Thus it is the responsibility of Muslim parents to seek the means of giving their children the
training and education they need not just to grow, but to succeed as Muslims worshipping and
obeying Allah. This obligation may include migration[1], establishing of Muslim communities and
schools and other obligations. As the scholars have said in another principle of fiqht:
"That without which an obligation cannot be fulfilled is itself obligatory."

Pleasure
Islam is the religion of the fitrah[2] - the religion which is consistent with the natural instincts and
needs of mankind. It is not like the man-made (of modified) religions which set unnatural
constraints on people whether self-inflicted prohibition of marriage (nuns and monks, etc.),
prohibition of divorce or monogamy. Men are inclined toward women and women are inclined
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toward men. Marriage is the institution which fulfills this desire and channels it in ways pleasing to
Allah Most High. Allah mentions this attraction:
“The love of the desires for women, sons, ... has been made attractive to people.”

The Messenger of Allah himself made clear that the attraction between the sexes is something
natural and not something to be denied or suppressed - only channelled in the ways pleasing to
Allah Most High, saying:
"Women and perfume have been made beloved to me of this world of yours and my peace of mind
is in the prayer."

The desire of men and women for each other is an urge which needs to be fulfilled. If it is left
unfulfilled, it will be a source of discord and disruption in society. For this reason, the Prophet
ordered all men who are capable of meeting the responsibilities of marriage to do it:
"Whichever of you is capable should marry for it will aid him in lowering his gaze and guarding
his body (from sin). As for the one who is not capable, fasting is his protection."

Nature of Muslim Marriage

The Prophet emphasised the necessity of marriage saying-"To live in marriage is to observe my
way. He who turns away from this way is not of me".

Rights & Duties

Mutual Rights and Obligations:
Marriage is a union for life having mutually inclusive benefits and fulfillment for the contracting
parties including the following:
# Preservation of chastity and security of gaze
# Companionship inside and outside home
# Emotional and sexual gratification
# Procreation and raising of any children by mutual consultation
# Agreement to live together in a mutually agreed country and establish their matrimonial home
therein
# Working collectively towards the socio-economic welfare and stability of the family
# Maintaining their individual property rights but contributing to the welfare of the family
according to their capacity
# Maintaining social contacts with family and friends mutually beneficial for the family
# Managing their individual activities/roles inside and outside the home by mutual consultation

Obligations of the husband:

In addition to the mutual duties and obligations, the husband undertakes not to:
# abuse his wife/child(ren) verbally, emotionally, physically, or sexually
# desert/be absent from the marital home for more than 60 days unless by mutual agreement
# withhold economic contribution towards his wife/family
# sexually transmit disease or other transmissible diseases
# misuse /interfere with the wife’s property

Obligations of the Wife:

In addition to the mutual duties and obligations the wife undertakes not to:
# abuse her husband/child(ren) verbally, emotionally, physically, or sexually
# desert/be absent from the marital home for more than 60 days unless by mutual agreement
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# sexually transmit disease or other transmissible diseases
# misuse/interfere with the husband’s property

Composites of Marriage In Islam

Mahr
Mahr is the consideration for the contract of marriage between the parties. It may be in the form of
money and/or goods given by the Bridegroom to the Bride in consideration for the marriage. It is
an essential element of Muslim marriage and is exclusively reserved for the use of the female
partner. Payment of Mahr could be immediate (prompt), or deferred.

Full Amount of Mahr: Record the total value of the agreed Mahr, e.g., £5,000 in cash, or xyz
weight in gold.
a) Mu‘ajjal (Immediate/Prompt): This means the total amount of Mahr payable by the Husband at
the time of signing of marriage contract.
b) Mu’wajjal (Deferred): This means the portion of the Mahr which is payable to the wife at a
specified point in the marriage or at the time of dissolution of the marriage through divorce or
death of the husband. Any deferred Mahr that remains unpaid at the time of dissolution becomes a
debt against the former husband’s assets.

Portion of the Mahr paid at the time of marriage: the amount of money and/or goods received as
Mahr at the time of marriage. This does not include general gifts to the bride from the bridegroom
and/or his family unless these be expressly included in (a) above as part of the amount of Mahr.

Witnesses-
According to Islamic law, a witness should be sane, adult and reliable. This requirement is
gender/faith neutral. Hence, the Muslim Marriage Certificate requires to be witnessed by ‘two
adult witnesses of good character’.
# TWO men can be the witness
# ONE man and TWO women can be the witness
# ONLY women can not be the witness

INSANE and MINOR can not be the witness

Divorce-
According to Islamic law, marriage is the most sacred commitment in life between two adults of
opposite sex. It attempts to save it wherever possible. As a consequence divorce is regarded by
Allah as the most ‘hated thing’. However, breakdown in marriage does take place for a variety of
reasons. If the divorce is initiated by husband he has to pay the woman any Mahr that remains
unpaid. If the divorce is initiated by the wife,and the husband is found to be at fault by the arbiters
she does not lose her Mahr. But if she cannot prove his fault, she has to return to her husband
whatever Mahr amount she has already received. If the wife initiates the divorce without any
grounds, this is called ‘khula’ and she must return whatever the husband has given her in
consideration for the marriage.

Legal Disability
It means the existence of certain circumstances under which marriage is not permitted. these
Absolute Incapacity.

There is absolute prohibition of marriage in case or relationship of consanguinity. In this case the
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situation is such that the relationship has grown up of the person through his/her father or mother
on the ascending side, or through his or her own on the descending side. Marriage among the
persons associated by affinity, such as through the wife it is not permitted. Marriage with foster
mother and other related through such foster mother is also not permitted.

Consanguinity (qurabat)-it means blood relationships and bars a man from marrying-
Mother or grandmother, Sister, aunt, niece etc.
Affinity (mushaarat)-a man is prohibited from marrying-
mother-in-law, step-grandmother, danghter-in-law, step-granddaughter, etc.
Fosterage (riza)- when a child under the age of two years has been suckled by a woman other than
his or her mother,the woman bocomes his foster mother,a man may not marry his foster mother or
her daughter or foster sister.

A man cannot marry his foster mother, nor foster sister, unless the foster brother and sister were
nursed by the same mother at intervals widely separated. But a man may marry the mother of his
foster sister, or the foster mother of his sister.

Exception-
# Sister’s foster mother
# Foster-sister’s mother
# Foster-son’s sister
# Foster-brother’s sister

Relative Incapacity
Relative incapacity springs from case which render the marriage irregular only so long as the cause
which creaes the bar exist,the moment it is removed,the incapacity ends and the marriage becomes
valid and binding.

Unlawful union
# Marrying a fifth wife
# Marrying a woman undergoing iddat
# Marrying a non-Muslim
# Absence of proper witnesses
# Woman going for a second marriage even after the existence of the first marriage.
# Marrying pregnant women
# Marrying during pilgrimage
# Marrying own divorced wife

Prohibitory Incapacity
It arises in the following cases:
(a) Polyandry- it means the fact of having more than one husband.it is forbidden in the muslim
system and a married women cannot marry second time so long as the first marriage subsists.
(b) Muslim woman marrying a non-muslim- a marriage of a muslim female with a non muslim
male made whether he be Christian or jew or an idolater or a fire worshipper is irregular in nature
under sunni law and void under shia law.

Directory Incapacity
# This may arise out of: Marrying a woman “enciente”
# Prohibition of divorce
# Marriage during pilgrimage
# Marriage with a sick man
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Aspects of Marriage

Valid Marriage (Sahih)

Under the Muslim law, a valid marriage is that which has been constituted in accordance with the
essential conditioned prescribed earlier. It confers upon the wife; the right of dower, maintenance
and residence, imposes on her obligation to be faithful and obedient to her husband, admit sexual
intercourse with him and observe Iddat.

Irregular Marriage (Fasid)

Those marriages which are outcome of failures on part of parties in non fulfillment of prerequisites
but then also are marriages; to be terminated by one of the party is termed to be Irregular
marriages. They are outcome of-
(a) A marriage without witness (Not under Shia Law)
(b) Marriage with fifth wife.
(c) Marriage with a women undergoing Iddat.
(d) Marriage with a fire-worshipper.
(e) Marriage outcome of bar of unlawful conjunction.

An irregular marriage has no legal effect before consummation but when consummated give rise to
several rights & obligations.

Void Marriage (Batil)

A marriage which is unlawful from it’s beginning. It does not create any civil rights or obligations
between the parties. The offspring of a void marriage is illegitimate. They are outcome of-
(a) Marriage through forced consent.
(b) Plurality of husband.
(c) Marriage prohibited on the ground of consanguinity.
(d) Marriage prohibited on the ground of affinity.
(e) Marriage prohibited on the ground of fosterage

Iddat
In Islam, iddah or iddat (Arabic: period of waiting) is a period after a divorce, during which a
woman may not marry another man. The period is calculated on the number of menses that a
woman has, usually three. Iddah was intended to ensure that the male parent of any offspring
produced after the cessation of a nikah would be known.

Iddat after death of husband[4]-

Qur'an prohibits widows to engage themselves for four (4) lunar months and ten (10) days after the
death of their husbands. This is also to ascertain whether a woman is pregnant or not, since four
and a half months is half the length of a normal pregnancy.

Husbands should make a will in favor of their wives for the provision of one year’s residence and
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maintenance, unless the wives themselves leave the house or take any other similar step.

The directive of the Qur'an regarding the waiting period of a widow, are as under:
Whoever from amongst you dies and leaves behind wives, the wives will hold themselves [from
marriage] for four months and ten days. Then, when they have expired this period, there is no
blame upon you in whatever they do regarding themselves, according to the recognized traditions.
And God is fully aware of whatever you are doing. And there is no blame upon you in proposing
[marriage] to these women or in keeping such proposal to yourself - God is aware that you would
mention it to them - but do not make with them any secret commitments, except that you say a
noble word to them. However, do not commit the marriage-contract with them, until the law has
reached its prescribed time.

Iddat after divorce[5]

Comparing this waiting period with the one prescribed for a divorced woman (i.e. three menstrual
periods of the divorced woman), we see that the waiting period prescribed for a widow exceeds
that, which is prescribed for a divorced woman by at least a month and a half. It is also clear from
the stipulations of the Qur'an that the prescription of the waiting period for a divorced woman is
with the basic purpose of ascertaining her condition with reference to pregnancy as well as to
provide the divorcing couple adequate time to review and, if possible, to revise their decision.
Thus, in view of the increased prescription of waiting period in the case of a widow, it seems that
the waiting period prescribed for a widow entails other purposes, besides merely ascertaining the
woman's position with reference to pregnancy.

The Muslim jurists and thinkers have generally construed this additional purpose entailed in the
prescription of the waiting period for widows to be that of the widow's 'mourning' her deceased
husband. The understanding of the Muslim jurists and thinkers seems to be quite logical and in
consonance with sayings ascribed to the Prophet. However, it seems important to add that the
prescription of a specified 'waiting' or 'mourning' period is for the purpose of safeguarding the
woman against defamation, slander and ill-repute in society. It is specifically for this purpose that
others are directed against making a 'secret' commitment of marriage with the widow or deciding
about the time and place of the marriage-contract, during the prescribed period. It is reported that
Muhammad advised widows to be extra modest in their appearance and to even refrain from
wearing any fragrance, during this period. All these directives and advice seem to point to the fact
that a woman should not only be, but also appear to be in a state of mourning, so that her social
circles do not get a chance to say a negative word about her.

No other restrictions apply to a widow during her waiting period.

Duration of Iddat
The Iddat of divorce commences immediately upon the pronouncement of repudiation and in case
of invalid marriage if they are separated voluntarily then from the time of separation but if the
separation is effected by the court then it starts with the issuance of judicial decree. In case of
widowhood the period of Iddat begins with the decease of husband. If the information of divorce
or of her husband’s death does not reach the wife until after the expiration of Iddat period, she is
not bound to observe Iddat. The period is considered to have been passed.

Iddat is normally observed in the following manner;

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If the marriage is terminated by divorce or in consequence of annulment by the Court, then the
Quran has specifically explained the situation in such words, “women who are divorced shall wait,
keeping themselves apart, three (monthly) courses. And it is not lawful for them that they should
conceal that which Allah hath created in their wombs if they are believers in Allah and the last
day.” Therefore the divorced woman is bound to observe Iddat for three menstrual cycles i.e. the
period of three complete courses of menstruation.

In the above two cases if the marriage has not been consummated nor any valid retirement has
taken place then after the termination of marriage the woman is not required to observe Iddat.

Iddat of A Pregnant Widow

In case of pregnancy, the widow is bound to observe the Iddat for a period which ever is the
longest. i.e. if the child is born before the period of four months and ten days then her Iddat is not
over with the delivery but she will complete the normal specified period of Iddat (four moths & ten
days). If the child is expected to be born after the specified period, then the Iddat will lost up till
the delivery of a child. They consider it binding upon all widows who are pregnant or non
pregnant, so according to their view the fore mentioned period of four months and ten days is the
minimum obligatory period for a widow.

Maintenance During Iddat

The husband is under obligation to pay for the wife’s maintenance during her period of Iddat,
regardless of its duration. Thus, in the following cases the wife is entitled to maintenance during
Iddat:
When the marriage is dissolved by repudiation, no matter the repudiation was revocable or
irrevocable, it was perfect or imperfect.
# When the marriage is dissolved by Lien (oath of imprecation) or by Illa (a vow of continence) or
by way of Khula provided she has not renounced her right to maintenance.
# When the husband on attaining puberty, exercises the right of option and dissolves the marriage.
# When the marriage is dissolved by reason of the inferiority of dower or by reason of the
husband’s inequality or his impotency.
When a wife, who is not subject to menstruation, observing Iddat by months becomes subject to
menstruation before the completion of specified period. She is entitled for maintenance in the
additional period of Iddat because she is obliged to stay in Iddat for three full monthly courses.
# Widow is not entitled to maintenance even if she is pregnant; almost all the Muslim jurists have
the same opinion in this regard.

Judicial Interpretation In Muslim Marriage

In Abdul Kadir vs. Salima[6]
This case was argued before the Full Bench, Mr. Justice Mahmood said that-
In this view of the case the reference cannot, in my opinion be satisfactorily answered without
considering, first, the exact nature and effect of marriage under the Muhammadan law upon the
contracting parties; secondly, the exact nature of the liability of the husband to pay the dower;
thirdly, the matrimonial rights of the parties as to conjugal cohabitation; and fourthly, the rules of
the general law as to the decree of Court in such cases.

In nawab sadiq ali khan vs. jai kishori[7]

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In the case of a shia female, the age of puberty begins with menstruation, it has been held by the
privy council in shia case that the age of the majority in the case of the girl is attained at the age of
nine years.

In pooja arya vs. state of UP[8]

Where a muslim girl married a hindu boy, which created a furore in local communities, in cases
like this law authorities buy peace at the cost of constitutional rights and privileges.

Conclusion
After analyzing thoroughly the system of Islamic marriage a reasonable and prudent way of
thinking would always conclude that the Islamic personal law with regards to marriage and divorce
need to be changed a lot so to maintain its status in modern society.

Marriage is a religious duty of every Muslim and it is considered to be a moral safeguard and a
social need. The Prophet has also said Marriage is my tradition whosoever keeps away there from
is not from amongst me.

Unlike Hindu where the marriage is a sacrament, marriages in Muslims have a nature of civil
contract. Marriage is necessary for the legitimization of a child. When the marriage is done in
accordance to the prescribed norms it creates various rights and obligations on both the parties.

It appears that Islamic law of marriage and divorce is not identical to the man made laws which are
changed by man himself moment after moment. It is evident that the position of man and woman
in the social set up of the community, is equal in every respect, but keeping in view the mindset of
both the genders, Islam segregates the rights, duties and functions of both the gender and then
declares their status with regard to family matters.

If it is asked that are man and woman equal in Islamic way of life? There would not be simple
positive or negative way of answer rather, one must scrutinize, examine and inspect closely and
thoroughly their respective rights, duties and functions. And then placing a complete picture in
front, it may be possible to answer the above question. In other societies of the world, the state of
affairs is not in concurrence to Islamic way of life. Those other societies always try to claim that
man and woman are equal in every respect which is not a natural phenomenon.

Endnotes:
[1] hijrah
[2] the religion which is consistent with the natural instincts and needs of mankind
[3] Dower-amonut paid by bridegroom to bride
[4] Iddat e wafaat
[5] iddat of Talaaq
[6] (1886) 8 All. 149
[7] (1928) 30 bom. LR 134
[8] AIR 2006 All 60

The author can be reached at: harshit@legalserviceindia.com / ph no: +91-9634007061 / Print This

Article

Also Read:
Guardianship Under Muslim Law:
The source of law of guardianship and custody are certain verses in the Koran and a few ahadis.
The Koran, the alladis and other authorities on Muslim law emphatically speak of the guardianship
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of the property of the minor, the guardianship of the person is a mere inference.

Custody Under Muslim Law:

The first and foremost right to have the custody of children belongs to the mother and she cannot
be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of
custody so long as she is not disqualified.

Maintenance Under Muslim Laws:

Under the "Women (Protection Of- Rights On Divorce) Act, 1986" spells out objective of the Act
as "the protection of the rights of Muslim women who have been divorced by, or have obtained
divorce from, their husbands."

Concept of Marriage in Muslim Law:

Islam, unlike other religions is a strong advocate of marriage. There is no place of celibacy in
Islam like the Roman Catholic priests & nuns. The Prophet has said “There is no Celibacy in
Islam”.

Cruelty as a Matrimonial offence under Muslim Law:

Cruelty, in marital relationship, is a course of conduct of one spouse which adversely affecting the
other. Cruelty may be mental or physical, intentional or unintentional. If it is physical, it is an issue
of fact and degree.

Divorce under Muslim Law

A husband may divorce his wife by repudiating the marriage without giving any reason.
Pronouncement of such words which signify his intention to disown the wife is sufficient.

Sources of Islamic Law:

Various sources of Islamic law are used by Islamic jurisprudence to elucidate the Sharia, the body
of Islamic law. The primary sources, accepted universally by all Muslims, are the Qur'an and
Sunnah.

Muslim women's right for dissolution of marriage:

Among almost all the nations of antiquity, divorce was regarded as a natural corollary or marital
rights. Romans, Hebrews, Israelis etc. all had divorce in one or the other form. Even though the
provision of divorce was recognized in all religions Islam perhaps the first religion in the world
which has expressly recognised the termination of marriage by way of divorce.

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[Type text]
 Kayalpatnam is a beautiful town with every street having a mosque. Muslim women have a
different path to walk in this town.They rarely walk on roads. These small way or path is called
MUDUKKU. The town kayalpatnam is filled with muslims. The people of the town work in
gulf,asia pacific and all around the world. But they seem to be illiterate when it comes to
marriage and their old traditional custom.
The people in kayalpatnam marry their cousins and close relatives only. They dont take
marriage offers from the nearby streets too. One street in kayalpatnam named palima theru,
people in kayalpatnam treat the people from this street as lower caste and they hardly have any
relatives in this street. What a bad example of a muslim town?
There is a great demand for bridegrooms,mothers who have daughters fight hard among their
peers to get a bridegroom for their daughters. Men are traded during marriages. How silly? My
friend Anisha was engaged with her cousin when she was 10 years old,then her parents tried
searchin for another guy. Her parents tried hard to get a bridegroom who was already engaged
with another girl. They tried so hard to break that enagagement and it did not happen. So poor
parents settled down with her old engagement. This is not new in kayalpatnam,every mother
who has a daughter is busy looking for a bridegroom right from the time of her daughter's birth.
So weird it sounded to me. This town has prominently influenced by hindu culture, they tie
mangalyam as a part of a marriage ceremony.
They waste money in food. I tried to understand about their marriage treat. Usually you have a
reception and marriage followed by lunch or dinner. But here the money was spent a lot on food.
I ate more than 6 times if I am not wrong calling it as an marriage treat.
Women spend time gossiping in the evening,talking fasad till the magharib prayer. They have
stones and small ground called vettai specially buit in front of each house to sit and gossip. I
found this town the most backward of all the muslim towns. People always fight with their
neighbours who are mostly the relatives. The fight is all about bride and bridegroom.
There are very few rich people in this town who hardly help even their relatives to come up in
life. There are great Islamic speakers in this town, who only speak but dont practise.
This town has another funny practise,sending their bridegrooms to brides place to live in,this
sounds really funny to me because ever in my life I have seen this. This practise is not
encouraged in Islam and said in Islam why do the great speakers of kayalpatnam think about this?
Men live in their wives houses,so called House Husbands. It is a custom that a house should be
given to the bridegroom from the bride's side for them to live. What practise is this? Is this a
form of dowry? but when you ask the people in the town about this,they will give you an answer
that is almost acceptable. They say, that it is optional that every bride's house should give. It is
a must optional to give. Please I plea the new generation of kayal to stop marrying your cousins
and stereotyping a particular street,living in your wives house. Stop all this. Stop all these
practises which was started by your ancestors who rarely knew what ISLAM is?
Look for brides and bridegrooms outside your houses,outside your hometown,stop the house
gifting system,it burdens the girls parents. My friend anisha had 3 more sisters? 3 more houses?
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God I just cant imagine? what will happen to those who dont have money but three daughters?
Very sad. It creates a sense of hatredness towards women. And with this practise of giving
houses and searching for bridegrooms right from the day of your daughters birth,increases the
chances of less love towards girls. Please stop all these practises before you ruin your so called
Islamic town Kayalpatnam and most importantly ISLAM.

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