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
[752] BONWICK, _Daily Life and Origin of the
Tasmanians_, 73, 74. The Tasmanian woman, he adds, even
when divorced "was by no means free, as the tribe exercised
jurisdiction" in her "affairs and the disposal of her person. She
soon came under bondage again to another man, though perhaps to a
younger than her first affianced one; as the young fellows were
in most instances supplied with their first partners from the
overflowing establishments of their seniors, or by the grant of a
cast-off bit of property."
[753] WESTERMARCK, _op. cit._, 520, 521, citing Deut.
24:1; MEIER AND SCHÖMANN, _Der attische Process_,
511; MCKENZIE, _Studies in Roman Law_, 123 ff.;
GRIMM, _Rechtsalterthümer_, 454. On the Hebrews see also
LETOURNEAU, _op. cit._, 302, 303; GLASSON, _Le
mariage civil et le divorce_, 145 ff.
[754] POST, _Familienrecht_, 253, 254; RIEDEL,
in _ZFE._, XVII, 78.
[755] "In den Gallareichen kann der Mann die Frau verstossen,
weil sie ihm langweilig geworden oder zu den häuslichen
Geschäften nicht tauglich ist. Will er dagegen keine Scheidung,
sondern nur Trennung, so ergiebt sich die Frau der Prostitution
und kann vom Gatten für sich und ihre illegitimen Kinder Wohnung
und die nöthigen Nahrungsmittel beanspruchen."--POST,
_Familienrecht_, 253, 254. In New Caledonia, likewise,
the wife may be put away because she bores her husband:
LETOURNEAU, _op. cit._, 285.
Under the existing law of Islâm the woman has gained a limited right
of divorce. By the form called _chol_ she may buy her release; and
in this case "a restoration of the marriage bond is impossible."
Again, for certain specified faults of the husband, she is granted
a separation through _fasch_, or judicial decree.[756] On the other
hand, by _li'an_, or solemn oath before the _cadi_, a husband is
able to put away the spouse whom he believes to be unfaithful;[757]
but in general the right of the man to reject the woman without
assigning any cause whatever is absolutely unrestrained. The great
majority of divorces among Moslem peoples take the form of _talâq_,
or repudiation. It is only necessary for the husband who is tired
of his wife to say to her "_mutállaka_," "Thou art dismissed."[758]
In harmony with the old Arabian custom the procedure by _talâq_ may
consist of a "triple declaration" or three successive divorces.
After the first pronouncement of the formula the repudiated woman
remains three months in her harem at the man's cost, and he is at
liberty to take her back if he will. Indeed, a single tender glance
or word of concession is sufficient to restore the marriage. Should
he not reclaim her until the specified term is passed, he may then
do so only in case she has not already taken a new husband, and by
paying her a "second time the full amount of the morning-gift as
stipulated at their marriage." A second or even a third separation
from the same wife may be had by repetition of this process; but
Public-domain text, read in full here on John Shaqi.
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