Critical analysis of socio economic condition and customs

in jahilliyyah (Pre-Islamic Arabia)

Islamic Jurisprudence Assignment

Submitted by

Name: Ankit Chauhan

Student ID: 201901782
B.A. LL.B. (3rd Semester) (Regular)
Faculty of Law, Jamia Millia Islamia

Submitted to: Dr. Ghulam Yazdani, Associate Professor (Faculty of Law, Jamia
Millia Islamia, New Delhi)

(06-11-2020)
 Table of Contents

Abstract.......................................................................................................................................... 3

Introduction ................................................................................................................................... 4

Position of women in pre Islamic Arabia .................................................................................... 5

Types of Marriage ......................................................................................................................... 7

Monotheism in Pre-Islamic Arabia ........................................................................................... 11

Conclusion ................................................................................................................................... 13

Bibliography ................................................................................................................................ 15

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 Abstract

Jāhiliyyah, in Islam, the period preceding the revelation of the Qurʾān to the Prophet Muhammad
In Arabic the word means “ignorance,” or “barbarism,” and indicates a negative Muslim evaluation
of pre-Islamic life and culture in Arabia as compared to the teachings and practices of Islam. The
term has a positive connotation only in regard to Arabic literature; pre-Islamic Arabic poetry is
esteemed by Muslims for its precise and rich vocabulary, sophisticated metrical structures, and
fully developed systems of rhyme and thematic sequence. The project talks about the general life
of people in Pre- Islamic Arabia. It also talks about the position of women in pre Islamic Arabia
as well as types of Marriage. Towards the end of the project it explores monotheism in Pre-Islamic
Arabia.

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 Introduction

The age of ignorance, when there was disintegration and anarchy in the religious, social and
political life of the Arabs. This however should not mean that the Arabs were altogether devoid of
any intellectual life. Even in the Dark Age, they should their intellectual attainments in Literature.
In this connection the fairs at Mecca, Uqaz and Dhu’ Majas developed in to annual Literary and
intellectual congresses of the Arabs, where the poets competed in verse making and obtained
distinction and honour; the selected best verses were inscribed I golden letters and suspended on
the walls of the Ka’ba. It was called Muallaqat, seven Muallaqats, discovered so far are considered
to the master piece of Arabic Language.1The noted Pre- Islamic poets were ImraulQys, Zuhair bin
AbiSulma, Tarafa bin Abd, Labid bin Rabia, Antarah bin Shadad, Amar bin Kulthum, Harith bin
Hilliza, Al- Nabigha, Al- Asha, Hatim al- Tai, Abidbin al- Abras, Umaiyya bin Abi Salt etc.

Imraul Qays was regarded as the Prince of the Arab poets as his Muallaqat was honoured as the
best specimen of the Pre- Islamic Arabic poetry. This period also produced some wise man, such
as Aktam. Hajib, Hindah, Loqman etc. the existence of these poets and wise man proves that the
Pre- Islamic Arabia was not completely devoid of an intellectual life.

Life of Pre- Islamic Arabian

The Pre- Islamic Arabian life classified as follows:

Political Life: during the age of ignorance, the whole of Arabia were under the subjugation of the
Persian and Roman Empires enjoyed complete independence except certain portion of the north.
Anarchy prevailed in Arab political life and the political life of Arabia, particularly the southerners,
had disintegrated. The Arabs were divided in many tribes. Each tribe had of its own, generally
known as Sheikh to whom they owed their allegiance. 2 The relation between the members of
different tribes was very hostile. The Arab did not hesitate to go any length; even they were ready
to sacrifice their lives for the honour and prestige of the tribe.Tribal feuds, raiding and plundering
of one tribe by the other were the common phenomenon of the Arab life at that time. This condition

1
Dr. Rahim A- Islamic History (Oxford Publications, Delhi, 4th edn, 2003).
2
Khalid Rasheed, Muslim Law (Eastern Book Co, Lucknow, 6th edn., 2019).

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of Arabia has been termed as ‘Ayyam al-Arab’. It is a record of blood feud, raids and irregular
warfare among the Arabian tribes.

Social Life: Greatest anarchy prevailed in the social life of the Arabs. There was no ideal, morality
or discipline in the society. Corruption, Vices, Superstition, Unrestrained freedom and unrestricted
enjoyment ruled supreme in the Arab Society. Women were not treated equally, even the birth of
girl child considered as curse for the family. 3 Life of female was not good in pre Islamic Arabia
but after the arrival of Prophet Muhammad they got started respect and dignity.

Position of women in pre Islamic Arabia

“Plurality of wives and husbands was the order of the day- A man could have unlawful relation
with a number of sweet hearts. Married women were allowed by their husbands to conjugate with
others for the sake of spring”4. Girls of coquetting disposition often used to go to the outskirts of
the city where they allowed to the men folk to take full liberty with them. Step sons could marry
their stepmothers and even the brothers sometimes married their own sisters.5 Men and women
could have full liberty with their opposites. Women were not entitled to have the share of the
property of their deceased husbands, fathers and other relations. In the advent of Muhammad
(PBUH) who lifted them up from the depth of lowliness to the position of respect and dignity.

In a word the women of the pre- Islamic days had no status in the society. A man could marry as
many wives as he liked and could divorce as he wished.6 Slavery, in its worst form, prevailed in
the Arab society. The master had unlimited authority over the slaves. He could even put them to
death. They were generally treated most inhumanly and often left on the heated sand of the desert
bound hand and foot and with eyes towards the sun.

Female infanticide

The birth of a female child was considered as a great curse and she was often buried alive by the
heartless father. Accusations of infanticide in the pre-Islamic era have been passed down through

3
Supra note 1
4
Sir D.F. Mulla, Principles of Mahomedan Law (Lexis Nexis, Gurgaon, 22nd edn., 2018).
5
Supra note 2
6
M.H. Kamali, Principles of Islamic Jurisprudence (The Islamic Texts Society, Delhi, 4th edn., 2003).

5
generations of Arabs legitimizing these actions; however, many of the allegations are
unsubstantiated and arbitrary. 7 There is a great deal of scholarly debate concerning the prevalence
of infanticide, more specifically female infanticide in pre-Islamic Arabia. The pre-Islamic era,
known as the age of Jahiliya, meaning the age of barbarism, darkness, and ignorance of God's
guidance comes directly from the Quran (3:154, 5:50, 33:33, 48:26).

Specifically, the Quran mentions the presence of infanticide in the Arabian society during Jahiliya.
Infanticide in the Quran is referred to as "qatl al-awlad" which means killing children both males
and females. Outside of the Quran, namely in the Hadith-literature, it includes broader actions like
coitus interruptus, called "wad khafiyy" or hidden infanticide, and abortion known as "ijhad", as
well as to kill a newborn whereby the practice to bury the infant alive so no blood was shed was
considered humane and hence not murder.

Women of upper class status

While the general population, of women in pre-Islamic Arabia did not have many rights, upper-
class women had more. Many became 'naditum', or priestesses, which would in turn give them
even more rights. These women were able to own and inherit property. 8 In addition, the naditum
were able to play an active role in the economic life of their community. The Samad Late Iron Age
population in central Oman show archaeologically women of both high and low social rank.

Marriage in pre-Islamic Arabia

In pre-Islamic Arabia, a variety of different marriage practices existed. The most common and
recognized types of marriage at this time consisted of: marriage by agreement, marriage by capture,
marriage by mahr, marriage by inheritance and Mutah or temporary marriage.

Prior to Islam, in the Arab world, women could not make decisions based on their own beliefs and
had little control over their marriages. They were never bound by contract for marriage or custody
of children and their consent was never sought. Women were seldom allowed to divorce their
husbands and their view was not regarded for either a marriage or divorce. If they divorced, women

7
Supra note 4
8
Supra note 2

6
were not legally allowed to go by their maiden name again. They could not own or inherit property
or objects, even if they were facing poverty or harsh living conditions.

Types of Marriage

Marriage by agreement

The first of the four common marriages that existed in pre-Islamic Arabia was marriage by
agreement. This consisted of an agreement between a man and his future wife's family. This
marriage could be within the tribe or between two families of different tribes.

Some women were forbidden from marrying outside of their tribe and had to either marry another
member of the tribe or a stranger who would agree to live with the tribe.

In the case that involved a man and woman of two different tribes, the woman would leave her
family and permanently reside with her husband. The children of these marriages were considered
part of their father's tribe, unless a different arrangement had previously been made which returned
the children to their mother's tribe.

The reason for intertribal marriages was to ensure the protection and possession of the children the
couple would produce. 9 Women in intertribal marriages had more freedom and retained the right
to dismiss or divorce their husbands at any time. The women had precise rituals they used to inform
their husbands of their dismissal, such as this: "if they lived in a tent they turned it around, so that
if the door faced east, it now faced west, and when the man saw this, he knew that he was dismissed
and did not enter".

Marriage by Mahr

Marriage by Mahr was a more traditional marriage practice. These marriages consisted of the
groom or groom's father paying the bride "Mahr", to marry them. (Mahr is very important in
Islamic marriage. Allah has used the word "faridah" for it.[better source needed] It means
something fixed, decided and obligatory.[better source needed] It is obligatory on the husband to
pay mahr to his wife unless she expressly by her own will without any pressure forgives him or

9
Supra note 6

7
returns the amount of mahr to him. Mahr belongs to the wife and it is to be given to her only. It is
not the property of her parents or her guardian. No one can forgive the husband to pay the Mahr
except the wife herself or, in case she did not go to her husband and the marriage ended without
consummation, then in that situation her guardian can also forgive the mahr on her behalf. 10 If a
husband dies without paying mahr to his wife, it will be an outstanding debt on him and it must be
paid before the distribution of his inheritance among his heirs. It helps the women during the time
of divorce).

Marriage by capture

Marriage by capture, or "Ba'al", was a common pre-Islamic marriage practice. Most often taking
place during times of war, marriage by capture occurred when women were taken captive by men
from other tribes and placed on the slave market of Mecca. From the slave market these women
were sold into marriage or slavery. In captive marriages men bought their wives and therefore had
complete control over them. Women in these marriages had no freedom and were subjected to
following their husband's orders and bearing his children. These women became their husbands'
property and had no right to divorce.

Marriage by inheritance

Marriage by inheritance was "a widespread custom throughout Arabia, including Medina and
Mecca". This practice involved the possession of a deceased man's wives (When a man died, his
son inherited all his wives except his own mother) being passed down to his son. In such a case,
the son has several different options. 11 He could keep them as his wives, arrange a marriage by
purchase for them to enter into from which he would receive a dowry for them, or he could simply
dismiss them. In these cases, as in the majority of marriage practices at this time, the woman had
little or no rights and was subjected to follow the orders or her inheritor.

Beena

Beena is a form of marriage used in pre-Islamic Arabia, in which a wife would own a tent of her
own, within which she retained complete independence from her husband, according to William

10
Supra note 4
11
Supra note 2

8
Robertson Smith. The term was suggested by John Ferguson McLennan, who noted that in Ceylon
(now Sri Lanka) the marriage when a husband goes to live in the wife's village is called "beena
marriage", and suggested "beena" as a general term for this kind of marriage. The social system
by which a couple lives with or near the wife's family is known by anthropologists as matrilocality.

The Social Structure of tribes

The first point is that the social structure within the nomadic life of the Arabs in the desert placed
great importance to loyalty within the clan or the tribe. The leader was respected. The individuals
could not survive in the desert and as such the well-being of group and tribe was paramount. 12
There were the acceptable social norms which revolved around what was acceptable to the group.
Something may be accepted in a group and the same thing may know.

Secondly, due to these differences there was constant warfare between tribes for revenge and
superiority and that went on for generations. There was no sense of national identity and there was
inter-tribal feuds and vendetta.

Thirdly, the leader or Shaikh was chosen on the egalitarian system. The shaikh took care of the
weaker members of the tribe. His social standing depended on his justice and on raids to capture
camels, cattle or goods of neighbouring tribes.

Hospitality and Generosity

The nomadic Arabs evolved a chivalric code (muruwah) giving meaning to their lives within the
clan or tribe. This would mean glorifying courage, patience, endurance, hospitality and generosity.
They would be being generous with the little they had and that was very important.

Tribal Equality

Firstly, the Arabs were used to tribal equality in many spheres of their life and this equality
characterized the life of the Prophet and the spirit of early Muslims. This led to the idea of
brotherhood in Madina and towards the whole Muslim community and hence there was more
cohesion. Secondly, the Prophet Muhammad gave importance to all individuals regardless of who

12
Asif Ali A. Faizee, Outlines of Mohammadan Law (Oxford University Press, Delhi, 3rd edn.,1960).

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they were or in which tribes they are or which lineage. What was important is to be a Muslimin
the Ummah of the prophet.

Nomadic Culture And Poetry

Like later cultures in the region, the Bedouin tribes placed heavy importance on poetry and oral
tradition as a means of communication. Poetry was used to communicate within the community
and sometimes promoted tribal propaganda.13 Tribes constructed verses against their enemies,
often discrediting their people or fighting abilities. Poets maintained sacred places in their tribes
and communities because they were thought to be divinely inspirited. Poets often wrote in classical
Arabic, which differed from the common tribal dialect. Poetry was also a form of entertainment,
as many poets constructed prose about the nature and beauty surrounding their nomadic lives.

Music

Arabian music extended from the Islamic peoples in Arabia to North Africa, Persia, and Syria.
Although the major writings on Arabian music appeared after the dawn of Islam (622 CE), music
had already been cultivated for thousands of years. Pre-Islamic Arabian music was primarily vocal,
and it may have developed from simple caravan songs (huda) to a more sophisticated secular song
(nasb). Instruments were generally used alone and served only to accompany the singer. The short
lute (‘ud), long lute (tunbur), flute (qussaba), tambourine (duff), and drum (tabl) were the most
popular instruments.

Religious Life: Prior to the rise of Islam, worst anarchy and confusion prevailed in the religious
life of the Arabs. With the exception of the Jews and the Christians, the rest of the Arabs were
idolatrous. But the religious of the Jews and the Christians were in a moribund condition. Their
religions could not any way contribute to the material and spiritual well-being of the Arabs
whole.14

The condition of the ‘days of ignorance’ has been well expressed by Jafar the spokesman of the
Muslim emigrant to Abyssinia, in reply to the query of their King, he said to Negs, “Jahiliyah
people were we, worshipping idols, feeding on the dead animals practicing immortality, deserting

13
Ibid
14
Supra note 1

10
our families and violating the covenant term of mutual protection, the strong among us devouring
the weak, such was the state when Allah sent unto us a messenger” 15

Polytheism in Pre-Islamic Arabia

Before the rise of Islam, most Bedouin tribes practiced polytheism, most often in the form of
animism. Animists believe that non-human entities (animals, plants, and inanimate objects or
phenomena) possess a spiritual essence. Totemism and idolatry, or worship of totems or idols
representing natural phenomena, were also common religious practices in the pre-Islamic world.
Idols were housed in the Kaaba, an ancient sanctuary in the city of Mecca. 16 The site housed about
360 idols and attracted worshippers from all over Arabia. According to the holy Muslim text the
Quran, Ibrahim, together with his son Ishmael, raised the foundations of a house and began work
on the Kaaba around 2130 BCE.

The chief god in pre-Islamic Arabia was Hubal, the Syrian god of the moon. The three daughters
of Hubal were the chief goddesses of Meccan Arabian mythology: Allāt, Al-‘Uzzá, and Manāt.
Allāt was the goddess associated with the underworld. Al-‘Uzzá, “The Mightiest One” or “The
Strong,” was a fertility goddess, and she was called upon for protection and victory before
war.Manāt was the goddess of fate; the Book of Idols describes her as the most ancient of all these
idols. The Book of Idols describes gods and rites of Arabian religion, but criticizes the idolatry of
pre-Islamic religion.

Monotheism in Pre-Islamic Arabia

The most well-known monotheists were the Hebrews, although the Persians and the Medes had
also developed monotheism. Judaism is one of the oldest monotheistic religions.

A thriving community of Jewish tribes existed in pre-Islamic Arabia and included both sedentary
and nomadic communities. Jews migrated into Arabia starting Roman times. Arabian Jews spoke
Arabic as well as Hebrew and Aramaic and had contact with Jewish religious centers in Babylonia
and Palestine. The Yemeni Himyarites converted to Judaism in the 4th century, and some of the

15
Supra note 1
16
Supra note 12

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Kindah, a tribe in central Arabia who were the Himyarites’ vassals, were also converted in the
4th/5th century. There is evidence that Jewish converts in the Hejaz were regarded as Jews by
other Jews and non-Jews alike, and sought advice from Babylonian rabbis on matters of attire and
kosher food. In at least one case, it is known that an Arab tribe agreed to adopt Judaism as a
condition for settling in a town dominated by Jewish inhabitants. 17 Some Arab women in
Yathrib/Medina are said to have vowed to make their child a Jew if the child survived, since they
considered the Jews to be people “of knowledge and the book.” Historian Philip Hitti infers from
proper names and agricultural vocabulary that the Jewish tribes of Yathrib consisted mostly of
Judaized clans of Arabian and Aramaean origin.

17
Aqeel Ahmad, Muslim Law (Central Law Agency, Allahabad, 8th edn., 2009).

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 Conclusion

In writing the history of Islam, it is customary to begin with a survey of the political, economic,
social and religious conditions of Arabia on the eve of the Proclamation by Muhammad (may God
bless him and his Ahlul-Bait) of his mission as Messenger of God. It is the second convention of
the historians (the first being to give a geographical description of the region). The most
remarkable feature of the political life of Arabia before Islam was the total absence of political
organization in any form. With the exception of Yemen in the south-west, no part of the Arabian
Peninsula had any government at any time, and the Arabs never acknowledged any authority other
than the authority of the chiefs of their tribes. Since there was no government, there was no law
and no order. This system led very frequently to acts of horrendous cruelty. If the Arab ever
exercised any modicum of restraint, it was not because of any susceptibility he had to questions of
right or wrong but because of the fear of provoking reprisals and vendetta. Vendetta consumed
whole generations of Arabs. Since there were no such things as police, courts or judges, the only
protection a man could find from his enemies, was in his own tribe. The tribe had an obligation to
protect its members even if they had committed crimes. Tribalism or ‘asabiyya (the clan spirit)
took precedence over ethics. A tribe that failed to protect its members from their enemies exposed
itself to ridicule, obloquy and contempt. The desert could support only a limited number of people,
and the state of inter-tribal war maintained a rigid control over the growth of population. In the
century before the rise of Islam the tribes dissipated all their energies in tribal guerrilla fighting,
all against all. It is important to grasp the fact that on the eve of the birth of Islam there was no
government at any level in Arabia, and this fact may even have affected the rise of Islam itself.
The Prophet formed his own state, and he gave it a sacred law prescribed by Allah. The population
of Arabia consisted of two main divisions, sedentary and nomadic. Hijaz and South Arabia were
dotted with many small and a few large towns. The rest of the country had a floating population
composed of Bedouins. They were backward in the civil and political sense but they were also a
source of anxiety and fear for the sedentary population. They lived as pirates of the desert, and
they were notorious for their unrestrained individualism and anarchic tribal particularism. The
more important tribes exercised a certain amount of authority in their respective areas. In Makkah
the dominant tribe was the Quraysh; in Yathrib, the dominant tribes were the Arab tribes of Aus
and Khazraj, and the Jewish tribes of Nadheer, Qaynuqaa and Qurayza. The Quraysh of Makkah

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considered themselves superior to the Bedouins but the latter had only contempt for the town-
dwellers who for them were only a “nation of shopkeepers.” With the rise of Islam the emphasis
shifted, temporarily, from poetry to prose, and poetry lost its prestigious position as the “queen”
of the arts of Arabia. The greatest “composition” of Islam was Al-Qur’an al-Majid, the Scripture
of Islam, and it was in prose. Muslims believe that Qur’an was “composed” in Heaven before it
was revealed to Muhammad, the Messenger of God. They believe that human genius can never
produce anything that can match its style or contents. For the last fifty generations, it has been, for
them, a model of literary, philosophical, theological, legal, metaphysical and mystical thought.

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 Bibliography

Books Referred:-

• Khalid Rasheed, Muslim Law (Eastern Book Co, Lucknow,6th edn., 2019).
• Sir D.F. Mulla, Principles of Mahomedan Law (Lexis Nexis, Gurgaon, 22nd edn., 2018).
• Dr. Rahim A- Islamic History (Oxford Publications, Delhi, 4th edn, 2003).
• M.H. Kamali, Principles of Islamic Jurisprudence (The Islamic Texts Society, Delhi, 4th
edn., 2003).
• Aqeel Ahmad, Muslim Law (Central Law Agency, Allahabad, 8th edn., 2009).
• Asif Ali A. Faizee, Outlines of Mohammadan Law (Oxford University Press, Delhi, 3rd
edn.,1960).

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