OF MUHAMMADAN JURISPRUDENCE 193

governors were responsible for the elaboration of some of their essential features, as Lammens and Becker have shown.¹ The first specialists on religious law were not satisfied with the practice as they found it, and their demands were incorporated in traditions which sometimes show a strong anti-Umaiyad bias.

Marriage

If divorce takes place before the consummation of the marriage, the husband has to pay only half of the donatio propter nuptias that has been fixed (Koran ii. 237). If husband and wife had been left together in private, the wife would normally claim that intercourse had taken place, which would give her the right to the full donatio. The judicial practice in Umaiyad times, however, seems to have been to reject this claim, and a decision to this effect is ascribed to 'Marwān b. Hakam or a governor before him' in a tradition with the isnād Ibn Wahb—Muhammad b. 'Amr—Ibn Juraij—'Amr b. Dīnār—Sulaimān b. Yasār.² In what is clearly a later addition, a distinction according to place and circumstances is made; this corresponds to a later, Medinese, stage of the doctrine.

But a presumption in favour of the claim of the wife prevailed both in Iraq (Muw. Shaib. 230) and, broadly speaking, in Medina, although here sometimes a distinction as to place and circumstances was made (Muw. iii. 10; Mud. v. 2). Ibn Musaiyib is adduced in favour both of the general claim and of the distinction. This presumption was projected back in Medina to 'Umar and to Zaid b. Thābit (Muw.), and in Iraq to 'Ali (Mud.) and to Ibn Mas'ūd (Muzanī, iv. 38); later, it was ascribed to the first Caliphs.³ The original tradition on the decision of Marwān b. Hakam was countered by a more detailed version of the same story, where Marwān sends to Zaid b. Thābit and the latter convinces him that the presumption in favour of the claim of the wife must be recognized (Mud.). The isnād runs: Ibn Wahb—Ibn Abil-Zinād—his father—Sulaimān b. Yasār; this