DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.4646#0030
30
temporary agreement, by means of which the obtainment of women
is facilitated for a certain price ; and this is permitted pursuant to
the creed of the Imam Malik."
In a note to this it is said " the passage in the Koran favourable
to temporary marriage is in Chapter IV. v. 28. "For the advantage :,
which you receive from them, give them their reward ; (assign them
their dower), according to what is ordained ; but it shall not be
criminal, to make any other agreement among yourselves, after the
ordinance shall be complied with." This passage is a distinct autho-
rity that maidh was sanctioned by Suni Doctors in India.
This sort of marriage is also admitted in the great Suni law Digest,
the IHdayafilforu, " the guide in the branches of the law" (translated
into English by Charles Hamilton 1791.) " Nevertheless it' was a
subject of great contest among the Mahommedan doctors, whether
such a connection be legitimate, or not. The Imam, Abu Hanifa, I
and others, declared it abrogated, according to the universal concur-
rence of the prophet's companions, on the authority of Ebn Abbas
Abdallah, who died Hej 68 (a. d. 687.) This Imam adduced the
information received from Ali, who on the day of the combat of
Chaibar A. D. 630 ; heard the Prophet declare that such marriages
are forbidden. Moreover, a strong opposer to their legitimacy was
Yahia, the son of Aktam, son of Muhommed, son of Katan, a celebra-
ted Judge, who died in the year of the Hejira 242, (a. d. 856.)
Living during the reign of Mamun, he succeeded in persuading the
Khalif, to prohibit by a decree temporary marriage, which he had
before permitted" (see Abulfeda vol. 11, pp. 195-199.)"
(At the rising of the Court on Friday; Me. ITowARD,closedhis remarks
with the above passage. On the assembling of the Court on Satur-
day, he recommenced by saying ;) I found the passage in De Sacijs
lieligion des Druzes, to which I wished 3resterday to refer, but could
not lay my hand on it. It is an extract from Makrizi; it appears at
page -19 of the Introduction, and describes the Khattabians, with
whom Mr. Anstty wished to connect the Shias. De Sacy says, " The
Khattabians, who belong to the anthropomorphist class, have an
unbounded veneration for the Imam Djafar Sadek, &c." Now, my
Lord, there is no pretence for saying that the Shias are, or ever were,
anthropomorphists; therefore the evil practices of the Khattabians have
no weight as a moans of discrediting the Shia sect.
temporary agreement, by means of which the obtainment of women
is facilitated for a certain price ; and this is permitted pursuant to
the creed of the Imam Malik."
In a note to this it is said " the passage in the Koran favourable
to temporary marriage is in Chapter IV. v. 28. "For the advantage :,
which you receive from them, give them their reward ; (assign them
their dower), according to what is ordained ; but it shall not be
criminal, to make any other agreement among yourselves, after the
ordinance shall be complied with." This passage is a distinct autho-
rity that maidh was sanctioned by Suni Doctors in India.
This sort of marriage is also admitted in the great Suni law Digest,
the IHdayafilforu, " the guide in the branches of the law" (translated
into English by Charles Hamilton 1791.) " Nevertheless it' was a
subject of great contest among the Mahommedan doctors, whether
such a connection be legitimate, or not. The Imam, Abu Hanifa, I
and others, declared it abrogated, according to the universal concur-
rence of the prophet's companions, on the authority of Ebn Abbas
Abdallah, who died Hej 68 (a. d. 687.) This Imam adduced the
information received from Ali, who on the day of the combat of
Chaibar A. D. 630 ; heard the Prophet declare that such marriages
are forbidden. Moreover, a strong opposer to their legitimacy was
Yahia, the son of Aktam, son of Muhommed, son of Katan, a celebra-
ted Judge, who died in the year of the Hejira 242, (a. d. 856.)
Living during the reign of Mamun, he succeeded in persuading the
Khalif, to prohibit by a decree temporary marriage, which he had
before permitted" (see Abulfeda vol. 11, pp. 195-199.)"
(At the rising of the Court on Friday; Me. ITowARD,closedhis remarks
with the above passage. On the assembling of the Court on Satur-
day, he recommenced by saying ;) I found the passage in De Sacijs
lieligion des Druzes, to which I wished 3resterday to refer, but could
not lay my hand on it. It is an extract from Makrizi; it appears at
page -19 of the Introduction, and describes the Khattabians, with
whom Mr. Anstty wished to connect the Shias. De Sacy says, " The
Khattabians, who belong to the anthropomorphist class, have an
unbounded veneration for the Imam Djafar Sadek, &c." Now, my
Lord, there is no pretence for saying that the Shias are, or ever were,
anthropomorphists; therefore the evil practices of the Khattabians have
no weight as a moans of discrediting the Shia sect.