dowry. Such a marriage was expressly forbidden by the Holy Prophet because it deprived the woman of her right of dowry (Bu. 67:29); which shows that the woman’s right of dowry is a right of which the wife cannot be deprived under any circumstances, and that it is her property and not the property of her guardians.
When the Holy Qur’ān speaks of marriage, it at the same time excludes clandestine sexual relations, “taking them in marriage, not fornicating, nor taking them for paramours in secret” (4:24, 25; 5:5). Thus the one fact distinguishing marriage from fornication and clandestine relations is its publicity. The mutual consent of two parties to live as husband and wife does not constitute a marriage unless that consent is expressed publicly and in the presence of witnesses. An essential feature of the Islamic marriage is therefore the publication of the news by gathering together, preferably in a public place. There are ḥadīth showing that marriage must be made publicly known, even with the beat of drums (Tr. 11:5; Ns. 26:72; IM. 9:20; Ah. IV, pp. 5, 77). With the same object in view music is allowed at marriage gatherings. On such an occasion, girls sang with the beating of drum (dzarb al-duff)27 in the presence of the Holy Prophet (Bu. 67:49). The following ḥadīth on this subject may be quoted: “Make public this marriage and perform it in the mosques and beat drums for it.” “The difference between the lawful and the unlawful (i.e. marriage and fornication) is proclamation and the beating of drums.” “‘Ā’ishah had with her a girl from among the Anṣār whom she got married. The Holy Prophet came and said, Have you sent the young girl to her husband? And on receiving a reply in the affirmative, he said, Have you sent with her those who would sing? ‘Ā’ishah said. No. Said the Holy Prophet, The Anṣār are a people who love singing, and it would have been better if you had sent with her someone to sing thus and thus” (MM. 13:4—ii). The presence of witnesses, when so much stress is laid on proclamation, is a foregone conclusion.
27 Duff or daff, the former more approved, and the latter now more common, is tambourine or a certain thing which one beats or with which one plays (LL.).