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
[733] Among the early Arabians the woman as well as the man
had entire freedom of divorce. The _nikâh al-mot'a_, or
temporary contract-marriage, amounted merely to a restriction
of the woman's power of divorce during the short term of
agreement: SMITH, _Kinship and Marriage_, 59 ff., 65
ff.; KREMER, _Kulturgeschichte des Orients_, I. 538;
WILKEN, _Das Matriarchat_, 18, 9 ff.: _ap. Ammianus
Marcellinus_, Book XIV, sec. iv, 4, YONGE'S trans.
(London, 1887), 11. By the later Arabian law, after the rise
of wife-capture and wife-purchase, divorce became the sole
privilege of the husband; and the same is true under the still
later law. _Cf._ in general, HELLWALD, _Die mensch.
Familie_, chaps. xxii, xxiii; KOHLER, "Ueber das
vorislamitische Recht der Araber," _ZVR._, VIII, 244, 248, 257;
FRIEDRICHS, "Das Eherecht des Islam," _ibid._, VII,
263-69.
[734] REHME, "Ueber das Recht der Amaxosa," _ZVR._, X,
38, 39; _cf._ POST, _Afrikanische Jurisprudenz_, I, 436.
FRITSCH, _Die Eingeborenen Süd-Afrikas_, 113, says that
in cases of very cruel treatment the wife may abandon the husband
and return to her family; to get her back the husband has to make
an after-payment.
Divorce is a simple matter among the Point Barrow Eskimo. "As
well as we could judge," writes Murdoch, "the marriage bond
was regarded simply as a contract ...; and, without any formal
ceremony of divorce, easily dissolved in the same way on account
of incompatibility of temper or even on account of temporary
disagreements."[735] Among the Santee Dakotas, where mother-right is
said to prevail, "a wife's mother can take her from the husband and
give her to another man." With "the Cegiha, if the husband is kind,
the mother-in-law never interferes." But when he is "unkind the wife
takes herself back, saying to him, 'I have had you for my husband
long enough; depart.'" When the man has beaten the woman several
times or been otherwise cruel, sometimes her father or elder brother
says to him: "You have made her suffer; you shall not have her for a
wife any longer." When a woman who has been warned against a man by
her relatives repents and wishes to dissolve the marriage, her male
kindred as a punishment say to her: "Not so; still have him for your
husband; remain with him always."[736]
[735] In two cases wives left their husbands for bad treatment.
Occasionally the man repudiates his wife; and sometimes there
are several changes or exchanges before a permanent choice is
made. When, however, a union is once settled, it is not easily
dissolved: MURDOCH, in _IX. Rep. of Bureau of Eth._,
411, 412. Similar freedom for both sexes prevails among the
Eskimo about Bering Strait: NELSON, _ibid._, XVIII, Part
I, 292.
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