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
5. Finally, in further illustration of the endless variety of
popular customs, it must be noted that among many peoples the wife
also has the right of divorce. Often, as already seen, she may
leave her husband at pleasure or on the slightest pretext. It needs
but a glance at the usages of the American Indians in this regard
to perceive that the lot of the married woman among barbarous
or even savage tribes is not always so dark as it is frequently
painted;[774] and many similar proofs elsewhere exist.[775] Among
the inland Columbians, according to Bancroft, "either party may
dissolve the marriage at will."[776] A similar rule prevails with
the Moxos of South America, the tribes of California, as well as
among the Iroquois and their neighbors.[777] "If a Bonak wife gets
up and leaves the man, he has no claim ever after on her;"[778]
and, according to Schoolcraft, when the Navajo woman marries, "she
becomes free, and may leave her husband for sufficient cause."[779]
The Guanan[780] and Guatemalan[781] wife is equally privileged; and
the Sioux and other Dakota women are often notoriously independent,
even beating their husbands for unfaithfulness, and for this or
other just cause returning to their own kindred.[782] Sometimes the
wife has the right of divorce only on definite grounds, which may
differ from or be the same as those permitted to the husband.[783]
Often the reasons which satisfy the moral sense of the community
are very slight; at other times they are grave and few in number.
Among the Shans, "should the husband take to drinking or otherwise
misconducting himself, the woman has the right to turn him adrift,
and to retain all the goods and money of the partnership."[784]
In "Eastern Central Africa divorce may be effected if the husband
neglects to sew his wife's clothes, or if the partners do not please
each other."[785] Theoretically among the Athenians the woman could
demand a divorce for mistreatment, "in which case she had merely
to announce her wish to the archons;"[786] while the Kafir wife
"who is beaten or not provided with sufficient food and clothes
is entitled to return to her parents."[787] In fact, the right of
the woman to repudiate her husband for mistreatment is alleged to
be the general rule according to negro custom.[788] Even by modern
Mohammedan legislation "divorce may, in certain cases, take place at
the instance of the wife, and, if cruelly treated or neglected by
her husband, she has the right of demanding divorce by authority of
justice."[789]
[774] _Cf._ SPENCER, _Principles of Sociology_, I, 722,
723; MASON, _Woman's Share in Primitive Culture_, 229,
for suggestive remarks in this connection. WESTERMARCK,
_op. cit._, 526-29, discusses this topic with characteristic
minuteness, giving in a note a list of peoples, with authorities,
among whom the wife has the right of divorce absolutely or on
conditions.
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