Divorce Section · 33 – Types of Marriage in the Pre-Islamic Period
Urbah ibn Zubayr (may Allah be pleased with him) narrated:
The family of the Messenger of Allah (peace and blessings be upon him), Aisha (may Allah be pleased with her), informed me about [practices] from the days of ignorance. [It was such that] a man would act as a suitor to a woman whose guardianship he possessed, requesting her in marriage, paying her mahr, and then marrying her. Another form of marriage was that when a woman became clean from menstruation, she would send word to her husband: "Send so-and-so to me." (And the husband would abstain from her). He would not approach her until the pregnancy of the woman became evident through her union with that man. Once her pregnancy became apparent, the man would then approach her, desiring that the child be of noble lineage. This marriage was considered valid and it was called *istibda’* marriage. Another form of marriage involved gathering ten or fewer men, who would enter the woman's presence and each of them would have relations with her. When the woman became pregnant and gave birth, the men would gather around her. She would send word to them. None of the men could refuse to come. They would assemble near her. The woman would say to them: “Do you remember what you did in terms of contact?” I have given birth to a child; this child is your son, O so-and-so.” She would mention the name of someone she favored among them, and the child would be ascribed to that man. (This was also considered a marriage). A fourth form of marriage involved many people gathering [to have relations with a woman]. The woman could not avoid those who were approaching her. These women were prostitutes. They would erect flags on their doors as a sign for those who would have relations with them, and they would engage in that practice. When the woman became pregnant and gave birth, the men would gather around her. They would summon skilled experts to determine the paternity of the child. Those experts would then assign the child to someone whom they deemed appropriate, and that person would claim him as his son. The child would not object to this. Then Allah (Exalted be He) sent Muhammad (peace and blessings be upon him), who abolished all forms of marriage practiced by the people of ignorance. Only the current form of marriage among the People of Islam remained. [214]
**EXPLANATION:**
*Tums:* Means menstruation.
*Rahd:* Means tribe or clan.
*Felteda:* To desire to attach or ascribe.
*Kafe:* Refers to experts skilled in examining a child’s limbs and determining his lineage – like those who perform DNA tests today.