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
the third declaration, unlike the other two, is irrevocable,
definitively dissolving the marriage bond.[759]
[756] The wife is entitled to a divorce in this way when the
husband (1) leaves her without support; (2) accuses her falsely
of unfaithfulness; (3) refuses to acknowledge the child which
she has borne him; (4) when he abandons the faith; or (5) fails
in "marital duty": HELLWALD, _Die mensch. Familie_,
409. But in practice little use is made of this form, the woman
preferring instead to declare before the judge that she is in
a condition of matrimonial "insurrection," by which means the
husband is usually led to "repudiate" her: _idem_, _loc. cit._
[757] The procedure by oath is allowed when the husband is
persuaded, but cannot prove, that the wife is pregnant by another
man; and the action must precede the _accouchement_. The wife
may take a similar oath that the husband's belief is unfounded:
HELLWALD, _op. cit._, 409.
[758] But other phrases, such as "Cover thee with thy veil,"
or "Seek another man," may be employed: HELLWALD,
_op. cit._, 409. Compare the three formulæ used in Algiers:
LETOURNEAU, _op. cit._, 297.
[759] HELLWALD, _op. cit._, 410, 411; following
especially VINCENTI, _Die Ehe im Islâm_, 22, 23. After
the third divorce or declaration there is still a way in which
the man can get his wife back when she, in due legal form,
has married another man, and has been repudiated by him. This
procedure is usually collusive by means of a "straw husband":
HELLWALD, _loc. cit._, citing EFENDI,
_Türkische Skizzen_, II, 15. In general see UNGER, _Die
Ehe_, 48-50; LETOURNEAU, _op. cit._, 289-99, on the
triple declaration among Mohammedan peoples of Africa.
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