ABSTRACT
The chapter shows that there is a common history even in an institution that seems to be clearly different in the West and the Muslim world and that is marital relations. The West's outlook to the Muslim world has been steeped in Orientalism and racism which causes them to see the East as unchanging and static. The basic problem continues to be the West's approach to this Other world of Muslims. Pre-modern Muslim contracts identified the madhhab and qadi officiating and recording the contract. Modern contracts were signed either by the notary or madhun. Neither Muslim marriage contracts nor Ancient Egyptian marriage contracts include any mention of the bride's body or the idea that marriage involved a woman turning over of her person/self to her husband. In Egypt, the modern marriage contract was given a serial number, both a Hijri and Western date, and included the name and license number of the official madhun performing the marriage.
