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Marriage and Celibacy in Mediaeval Islam : a Study of Ghazali's Kitab Arab Al-Nikah

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Marriage and Celibacy in Mediaeval Islam : a Study of Ghazali's Kitab Arab Al-Nikah PAD19 ý7ý MARRIAGE AND CELIBACY IN MEDIAEVAL ISLAM : A STUDY OF GHAZALI'S KITAB ARAB AL-NIKAH BEATRIX IMMENKAMP KING'S COLLEGE, CAMBRIDGE ARABIC AND ISLAMIC STUDIES FACULTY OF ORIENTAL STUDIES SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF CAMBRIDGE DECEMBER 1994 B. Immenkamp MARRIAGE AND CELIBACY IN MEDIAEVAL ISLAM: A STUDY OF AL-GIIAZALI'S KITAB ADAB AL-NIKAH This study of Abu Hamid al-Ghazali's Kitdb cdizb al-nikdlz identifies influences which shapedthe book's form and content. The study usesliterary sourcesin Arabic from the Islamic tradition, including Islamic jurisprudence (fiqh), Sufi treatises,Arabic belles lettres (adab) and medical literature. Three main influences are addressed:a religious debate on the merits of marriage, the particular Muslim attitude to sexuality, and the Islamic legal view of marriage. The Kithb ctdäb al-nikäh was written in the context of a religious debate on the merits of marriage and celibacy, a debatewhich first emerged in Sufi circles. The Kittb ddäb al-nikält directly respondedto this controversy, providing the probably fullest discussionabout marriage in mediaeval Islam and the most comprehensivelist of reasonswhy mediaeval Muslims would marry. The first to openly challenge the institution of marriage was Abu Talib al-Makki in his Sufi treatise, the Qitt al-Qulitb. The Kitizb ädäh al-nikälz directly respondsto the discussion of marriage in the Qat al-Qulicb, and a substantial part of this study is therefore devoted to analysing the relationship between the two texts. Ghazali's argument in favour of marriage in the Kitizb ctddb al-nikCth is informed by a pragmatic and positive attitude towards sexuality, according to which a healthy, balancedlife included sex. This attitude to sexuality reflected the prevailing mediaeval Muslim view of the place of sexuality in human life. Ghazali's view of sexuality is analysedand placed in the context of other Muslim writings on the subject. In pre-modern times, the institution of marriage in Muslim societies was governed by law, the sari`a. In the Kitdb ¢dctb Ghazali exclusively religious al-nikizh , provided a concise but exhaustive list of the laws governing this central Muslim institution according to the Shafi'i school of law, to which he belonged. Ghazali's list of the laws of marriage and divorce is complemented by the laws of the other three Sunni schools of law, as well as Shi'i law. To MY PARENTS, ALL THREE. TABLE OF CONTENTS PREFACE I ........................................................................................... THE STRUCTURE OF THE THESIS I ....................................................... A DESCRIPTION OF THE SOURCES USED III ............................................ ACKNOWLEDGMENTS XIV ........................................................................ NOTES ON TRANSLATION, DATES AND TRANSCRIPTION XV ................................ INTRODUCTION 1 .................................................................................... SEX AS A NORMAL PART OF LIFE 6 ...................................................... THE CHRISTIAN MODEL 9 ................................................................. THE EXAMPLE OF CONTRACEPTION 11 ................................................. CHAPTER ONE: FOOD AND SEX 13 ............................................................... THE IMPORTANCE OF THE SOUL 14 ..................................................... THE DESIRE FOR FOOD (gAHWATAL-BATN) 16 ......................................... THE BENEFITS OF FASTING 19 ........................................................... THE DESIRE FOR SEX (,SAHWAT AL-FARJ) 22 ........................................... CHAPTER TWO: MARRIAGE AND CELIBACY 28 ................................................ THE KITAB ADAB AL-NIKAH 28 ........................................................... STRUCTURE OF THE KITAB ADAB AL-NIKAH 28 ........................................ THE CONFLICT 31 .......................................................................... MAKKI'S STRATEGY 32 ................................................................... G HAZALI'S RESPONSE 36 ................................................................. THE ISLAMIC ARGUMENT IN FAVOUR OF MARRIAGE AND CELIBACY.......... 38 GHAZALI'S AND MAKKI'S ARGUMENTS IN FAVOUR OF MARRIAGE AND CELIBACY 47 ............................................................ GHAZALI'S CONCLUSION 62 ............................................................. CHAPTER THREE: MARRIAGE AND DIVORCE IN ISLAMIC LAW 63 .......................... THE BASIC ELEMENTS OF A VALID MARRIAGE (ARKAN) 64 .......................... MANNERS OF MARRIAGE (ADAB AL-NIKAH) 71 ........................................ MARRIAGE IMPEDIMENTS (MAWANIC AL-NIKAH) 73 ................................... BINDING EFFECTS OF MARRIAGE (AHKAM) 80 ......................................... DISSOLUTION OF MARRIAGE 85 ......................................................... THE EFFECTS OF REPUDIATION 92 ...................................................... DIFFERENCES BETWEEN SHI'I AND SUNNI LAW: TEMPORARY MARRIAGE (NIKAII AL-MU7 A) 96 ........................................................ THE EFFECTS OF POLYGAMY - DIVISION OF NIGHTS (QISM) IN A POLYGAMOUS MARRIAGE 99 ............................................................. CHAPTER FOUR: THE IDEAL MARRIAGE 100 ................................................... PERSONAL QUALITIES OF HUSBAND AND WIFE 100 ................................... ON CONJUGAL LIFE 101 ................................................................... CHAPTER FIVE: THE REACTION 111 ............................................................. ATTITUDES TOWARDS SEXUALITY 111 .................................................. ATTITUDES TOWARDS WOMEN 116 ...................................................... CONTRACEPTION 119 ...................................................................... DIVORCE 126 ................................................................................ CONCLUSION: A CHOICE 132 ...................................................................... APPENDIX ONE: A STRUCTURAL ANALYSIS (I) - INDEX OF IDENTICAL PASSAGES IN GHAZALI'S AND MAKKI'S TEXT 140 ............................................. APPENDIX TWO: A STRUCTURAL ANALYSIS (II) -GHAZALI'S REARRANGEMENT OF MAKKI'S TEXT 157 ....................................................... BIBLIOGRAPHY Page-I- PREFACE This is primarily a study of Abu Hamid al-Ghazali's (d. 1111) Kitdb dddb al-nikdh ("Book on the Manners of Marriage"). The study usesArabic sourcesfrom the Islamic tradition, including Islamic jurisprudence (fiqh), Sufi treatises,Arabic belles lettres (adab) and medical literature. The term "mediaeval" is used generally to refer to the period from the beginning of the 9th to the beginning of the 18th century. THE STRUCTURE OF THE THESIS: Ghazali's discussion of marriage in the Kitdb dddb al-nikdh is informed by a positive and pragmatic view of sexuality. The Introduction arguesthat Ghazali's attitude to sexuality reflected the pragmatism and franknesswith which mediaeval Muslims in general adressedthis subject. Examples are given of the treatment of sexuality, and matters relating to it, in jurisprudence, adab and a medical treatise. Finally, a comparison is drawn between the Muslim and Christian attitudes to sexuality. Chapter One describesthe close connection establishedby Ghazali between the sexual appetite and the appetite for food. The Kitdb dddb al-nikdh forms part of Ghazali's important ethical treatise, the Ihyd''ulüm al-din. Marriage is discussed twice in the Ihyd' °uhim al-din, in the Kitdb dddb al-nikdh and the Kitdb kasr al-sahwatain ("Book on the Controlling of the Two Desires"). In both cases,the discussion occurs parallel to a discussion of food, and Ghazali's attitude towards sexuality can be better understoodin the light of this close connection between the desire for sex and the desire for food. ChaptersTwo, Three and Four loosely follow the structure of the Kitdb dddb al- nikdh, which is divided into three chapters.Chapter Two analysesthe first chapter of the Kitdb dddb al-WW, in which Ghazali discussedreasons for and against marriage. His argumentsare recapturedand explained. It is argued that form and content of the first chapter of the Kitdb dddb al-nikdh are substantially shapedby the fact that Ghazali was generally responding to a religious debateon the merits of FU 7' Y LIE 2Y (. A 4I - ir Page-II- marriage and celibacy, a discussionwhich first emergedin Sufi circles, and specifically to the work of one particular Sufi author, the Qüt al-quliib of Abu Talib al-Makki. Chapter Three focuseson the legal aspectsof marriage, such as the marriage contract and the legal eligibility of the spouses,which Ghazali listed in the second chapter of the Kitab adab al-nikdh. Also included are the laws of divorce, which only appearin the third chapter of the Kitab dddb al-nikdh. Chapter Four summarizesadvice on the conduct of married life, which Ghazali %t-Q, L"6 t. 14%.oSZ- 4& presentedin the third chapter of theYlhyd3`ulilm al-din. Particular emphasisis placed on showing that Ghazali's choice of issuesis almost identical with the issues addressed by Abu Talib al-Makki in his discussionof marriage in the Qüt al-qulüb. Chapter Five continues to explore the close relationship between Makki's and Ghazali's text. Four aspectsof Ghazali's text are singled out for closer analysis: his attitude towards sexuality and towards women, his discussion of contraception and his
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