A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
According to the generalization of Post, who has given the most
careful groupings,[725] "the laws of divorce found among the
different peoples of the earth vary within the widest limits
conceivable." So confusing, indeed, is the mass of custom relating
to the subject that in the very outset a word of warning must be
given. For in the present state of inquiry, often dependent upon
superficial observation and conflicting reports, any analysis or
classification, however careful, must perforce be accepted as
really tentative and only in broad outline approaching the truth.
Nevertheless, with regard to the liberty of divorce, following the
suggestion of Post, five classes of peoples may be differentiated:
1. Very often among rude races, particularly where the "genealogical
organization is little developed or in process of decay," the
marriage bond is lax, and it is readily dissolved at the pleasure
of either party.[726] Such is the case with many African,
Asiatic, American, and Oceanic peoples. Among the African Damaras,
for instance, the wife may change her husband every week if she
likes.[727] Similarly among the Shekiani, another negro tribe, the
woman may abandon her spouse for mistreatment or for any other
cause, returning to her native village, where her friends make
it a point of honor not to give her back; and in this way wars
sometimes arise.[728] Like freedom exists on the Gold Coast and
among the Felups of Fogni; and very commonly in Africa the wife may
leave the husband if the purchase price is returned.[729] Among
the Makassars and Buginese, without assigning any cause whatever,
either party may divorce the other, dividing the children between
them.[730] The same is true of the endogamic Alfurese of Minahasa,
with whom the cognatic system of relationship prevails.[731] Even
in Burma divorce appears to be a one-sided matter, though the
person dissolving the marriage suffers severe disadvantages with
respect to property rights.[732] In ancient Arabia marriages were
formed without ceremony, and they were ended by either spouse with
equal ease.[733] But the law of the Amaxosa, constituting with the
Amazulu the division of the Bantu stock commonly called "Kafirs,"
affords a particularly interesting example of early custom with
regard to divorce and its legal consequences. Both parties enjoy
the greatest freedom in dissolving the marriage; and this is all
the more striking because of the prevalence of wife-purchase, which
usually restricts the privileges of the woman in this regard. If the
marriage is childless, however long it may have endured, the husband
who proves the alleged ground of divorce is entitled to receive
back the purchase price; and this is true also, in case of such a
marriage, when the separation takes place on the part of the wife,
unless she establishes very grave cause for her action. The divorced
woman is permitted to marry again, provided the purchase price is
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account