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 wedding ceremonial and festivities
are less marked; the customary time of seclusion after the nuptials
is shorter; the bride-price is much smaller; or the wife has a less
advantageous position with respect to property.[822] On the other
hand, the widow or divorced woman who will remarry has sometimes an
important compensation for the loss of social prestige, since she
may freely bestow her hand in choosing a second mate.[823]
[813] Thus, among the Moors of Morocco, who almost all practice
monogamy, the man who rejects his wife is not permitted to
marry again within four months: POST, _Afrikanische
Jurisprudenz_, I, 450.
[814] _Cf._ the suggestion of POST, _loc. cit._
[815] See the examples enumerated in POST,
_Familienrecht_, 264; _idem_, _Afrikanische Jurisprudenz_, I,
453; among them are the people of Tonga, Tahiti, and Unyoro; also
Dawan (West Timor) when the divorce is through the fault of the
husband.
[816] POST, _Afrikanische Jurisprudenz_, I, 450.
[817] WAITZ-GERLAND, _Anthropologie_, VI, 129;
POST, _Familienrecht_, 263.
[818] Thus in the African Sarae the divorced woman must wait two
months before remarriage: MUNZINGER, _Ostaf. Studien_,
387; among the Beni Amer, three months; while the Marea woman is
obliged to refrain for a year: _ibid._, 241, 321.
[819] See especially on Arabian divorce, SMITH,
_Kinship and Marriage_, 91 ff., who emphasizes the effect of
wife-purchase. Compare POST, _Familienrecht_, 263.
Among the Kabyles of Algiers for mistreatment the woman has the
right of "insurrection;" she may return to her father's house;
but without the consent of her husband she cannot remarry:
LETOURNEAU, _L'évolution du mariage_, 295. _Cf._
HANOTEAU ET LETOURNEUX, _Kabylie_, II, 159, 164, 177
ff. The custom of insurrection appears to be general in Islam:
HELLWALD, _Die mensch. Familie_, 409.
[820] SMITH, _op. cit._, 93.
[821] KLEMM, _Kulturgeschichte_, IV, 151; POST,
_Familienrecht_, 263, 264.
[822] See the interesting proofs for various African tribes in
POST, _Afrikanische Jurisprudenz_, I, 454-57.
[823] _Ibid._, 455. Sometimes, as among the equatorial tribes of
West Africa, the widow shows a repugnance to second marriage:
returning to her family, she never marries again: _ibid._, 456.
Perhaps as a general rule the divorced man and woman are as free to
remarry each other as they are to contract a second marriage with
other persons;[824] but sometimes the reunion is dependent upon
the observance of special legal formalities, or it can take place
only after a fixed interval.[825] In rare instances, as among the
ancient Aztecs, the remarriage of a divorced couple is absolutely
forbidden.[826]
[824] POST, _Familienrecht_, 265; _idem_, _Afrikanische
Jurisprudenz_, I, 453, 454.
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