Marriage and Slavery in Early Islam by Kecia Ali Read Free Book Online Page B

es- sential to the jurists’ vision of marriage—making a one-way right the basis for a two-person relationship.
    Chapter 5 explores the parallels between marriage and slavery as forms of milk, utilizing the regulations surrounding the marriages of male and female slaves, as well as the institution of slave concubinage, to elucidate the rights of husbands and wives. It also returns to the sub- ject of women taking male slaves as “concubines” to revisit the key idea of a man’s exclusive dominion over a woman’s sexuality as the basis for licitness in both marriage and slavery.

    Note on Texts, Translation, and Transliteration
    Recent scholarship has debated heatedly the authorship and chronology of particular works from the eighth and ninth centuries (the second
    and third hijri centuries). Scholars have argued over when texts such as the Umm and the Mudawwana came to exist in their current forms, who authored them, and when and how they circulated in oral and written form. Since I trace the lines of argument for certain doctrines, my con- clusions must be regarded as provisional to the extent that they depend on assumptions about the chronology or authenticity of specific works. However, my main arguments about the structure of marriage and mari- tal rights depend neither on the precise chronology of the texts nor on their attributions to particular individuals. 73
    Few Arabic legal texts have been translated into English or Euro- pean languages. Of those used here, only the Muwa tt a © Shayb a n i has had an adequate translation, which appeared after this book was substan- tially complete. Malik’s Muwa tt a © has had several full and partial non- scholarly translations, but none with sufficient attention to the nuances of the legal terminology. All translations from legal texts here are, there- fore, my own unless otherwise noted. The notes provide book (kit a b) and chapter (b a b) titles so that those working with editions of the texts other than those I have cited will be able to locate the relevant passages.
    Legal texts present special challenges for a translator. Islamic legal writings combine layers of allusion to scripture with technical legal terminology. My translations are usually as literal as possible, and I re- peat key Arabic words frequently. Legal texts are also often brief and allusive rather than expository. Where necessary, extended clarifica- tions appear in square brackets.
    I follow a modified version of the transliteration system used by the International Journal of Middle East Studies. Terms that have passed into common English usage, such as Qur © an, hadith, Sunni, and fatwa, ap- pear without diacritical marks or italics.
    I have done my best to present these legal texts on their own terms and to assess their arguments accordingly. This book is engaged in thinking through what a group of scholars had to say. The jurists them- selves closely scrutinized and criticized each other’s works. I like to think they would not mind that I also engage with their claims and evidence, and attend closely to the ways in which they argue with each other.
    q 1
    Transacting Marriage

    I N SEVENTH-CENTURY Arabia, a daughter was born to a Muslim named al-Musayyab ibn Najaba. He hastened to visit his cousin Quray ' a bint Hibban at her home to share the good news. Her innocuous reply— “May God bless you”—led Musayyab to an impetuous declaration: “I have married her to your son.” Without hesitation, she responded: “I have accepted.” The visit continued, but after a while Musayyab reconsid- ered his offer of marriage between his newborn daughter and his cous- in’s son, and he stated, “I was not serious; I was only joking.” Quray ' a, though, rejected his attempt to renege. “You offered marriage,” she pointed out, “and I accepted.” Unable to convince her to free him from his promise, Musayyab tried a new tack. Despite having originally viewed his cousin’s consent as