Marriage and Divorce in the Abbasid Caliphate 8th-10th centuries
Updated: Sep 27
Quick Context: Abbas al-Saffah lead a successful revolt against the Umayyad Caliphate in 750. The new capital was established in Baghdad, Iraq which gave the Abbasid Caliphate a Persia cultural influence rather than the Mediterranean influence the Umayyad's had.
The Abbasid Caliphate existed from 750-1258. But their central authority and ability to maintain control of expansive boarders was not stable for that entire time. Scholars divide the caliphate into at least 2 Eras (sometimes more). With the 8th-9th centuries being the 1st Era where the caliphate is strong and unified central authority with control over expansive territory.
10th century sees a fracture of the central authority and a rise of short-live hereditary governorships that were significantly autonomous while nominally functioning under the Abbasid Caliph. A number of other dynasties fall under the Abbasid Caliphate in this era including Ghaznavids, Seljuks, and Buyyids among others.
The things general knowledge we have about medieval Islamic societies often fall apart when we attempt to apply that knowledge to a specific cultural context. And the things that are accurate in the early years of the Abbasid Caliphate may not be accurate 500 years later. Context is everything.
MYTH 1: Muslim men had multiple wives and kept harems of concubines
T or F: Sort of true. This was true only for the Caliph and to a lesser extent the very top tier of society.
FACTS: While men legally could take more than one wife, there were rules based on the social hierarchy about how the wives had to provided for. It was simply too expensive for most men to maintain multiple wives and concubines.
Marriage was based on contracts, which gave women and/or their families the ability to negotiate. They could (and did) include clauses that the groom could not take another wife. And if he did the 1st wife would either receive substantial financial compensation or a divorce.
While the majority of men did not maintain harems of concubines - women specifically trained in entertainment - conversation, poetry, art, singing, dancing, music, as well as sex - which made them more expensive. Most of the population did have domestic slaves and the female domestic slaves were likely raped by their male owners.
MYTH 2: Women were essentially sold as chattel and had no input.
T or F: Mostly False.
FACT: A woman's first marriage was negotiated by her family. Whether she had direct input depended on the family.
A male head of household could compel a minor under his care to marry without their consent. While betrothals and contacts could happen at any age. The actual marriage and cohabitation of the couple was delayed under the "age of maturity".
The age of maturity for women was considered both physical and mental. Physically was indicated by puberty. Mentally was indicated by a basic education. This most often means the ability to run a household and maintain a budget. This was determined by the women of her family and the women of the grooms family.
If there were subsequent marriages, widows more often had the ability to directly negotiate their marriage contracts. Most often we see clauses about additional wives, the woman maintaining her ability to work, and whether the groom has responsibilities to the woman's children from a previous marriage.
Children belonged to the father. But divorce contracts often negotiated which parent the children resided with. And if the children were particularly young they often stayed with their mother.
MYTH 3: Women had no rights within the marriage.
T or F: Mostly False.
FACT: Women had a number of rights within the marriage. These were included in basic template marriage contracts. And women of wealth and social status were able to negotiate additional clauses.
If the husband violated aspects of the marriage contract the wife could take him to court. The outcome was often a fine or jail time for the husband. And in some circumstances a divorce as granted.
Marriage was often the beginning of transferring property from the parents to their children which was a process that took years. There is no communal property. The wife owns her dowry, her trousseau, her wedding gifts. Her husband does not have access or control over his wife's property.
Wives also had the right to refuse sex. Although not permanently and not often. I've not found clear rules on this. If a wife did this too often the husband could be granted a divorce. But often if there are multiple wives or concubines in the household refusal was allowed. Especially in situations where the woman has already born children.
MYTH 4: Divorce was not an option.
T or F: Entirely False
FACT: Divorce was allowed. It could be initiated by the husband or the wife. However, it could only be initiated by the wife under certain circumstances.
Violating a clause in the marriage contact did not usually result in divorce, more often it was a fine the husband had to pay his wife. And sometimes jail time for repeat offense.
Women could initiate a divorce because her husband engaged in sex with another woman. This did not apply to additional wives and concubines or domestic slaves associated with the household. But other free women or prostitutes.
Abstinence or impotence on the part of the husband. Women had a right to sex. This is likely more to do with women having the right or the societal expectation of them to bear children. If the husband is not fulfilling this obligation the woman may be released to find a different husband. The divorce is not automatic, but something the wife could request.
If a wife became medically incapable of sex a husband was automatically granted a divorce.
Physical abuse & ill treatment were unfortunately not grounds for divorce. Although the wife could take this issue before the court and ask for intervention which took the form of mediation from community members often the local imam or another respected/pious community leader. And the husband could be jailed if the damage to the wife was considered significant.
Sources:
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