acknowledged. The age, sex and condition of the person acknowledged must
also be such that the relationship is not an impossible one; for, as was
said in the Roman law, _fictio naturam imitatur_. The relationship thus
constituted is, in the ease of a father, mother, child, or wife,
complete, and must be treated for all purposes as having a real
existence. But in any other case the acknowledgment, although good as
between the parties thereto, has no effect upon the rights of other
parties. The acknowledgment which we have just been considering
contemplates the possibility at any rate, and in most cases the
certainty, that the relationship is entirely fictitious, and has no
connexion with any rule of evidence in whatever sense the term is
understood. But there is a rule of Mahommedan law that, in cases where
the paternity of a child is in dispute, the acknowledgment of the child
by the father is conclusive. Whether this would now be maintained in
face of the Evidence Act 1870, which deals with cases of conclusive
evidence, and expressly repeals all previously existing rules of
evidence, may be doubtful.
Marriage.
Marriage is a transaction based upon consent between a man and a woman,
or between persons entitled to represent them. The result of the
transaction is that certain family relationships involving legal rights
and duties are created by the law, and these are not wholly under the
control of the parties. But as to some of them, to some extent they may
be regulated by agreement, and it is customary amongst Mahommedans at
the time of a marriage to come to such an agreement. The only condition
necessary to the constituting of a valid marriage between persons of
full age is the consent of the parties. It is, however, the practice to
conclude the transaction in the presence of two males, or one male and
two female witnesses; and the omission of this formality would always
throw a doubt upon the intention of the parties finally to conclude a
marriage. It is even said that the absence of such witnesses would
justify a judge in annulling the marriage. Minors of either sex may be
given in marriage by their guardian, and the transaction will be
irrevocable if the guardian be the father or any direct male ascendant.
In any other case the marriage may be repudiated when the minor arrives
at the age of puberty, but the repudiation is not effectual until
confirmed by a judge of the civil court. A marriage may be conducted
through agents. A woman can have only one husband; a man can have four
wives; if he married a fifth the marriage would be annulled by a judge
on the application of the woman. Mahommedans have a table of prohibited
degrees within which parties cannot marry not very dissimilar to that in
force in Great Britain. Nor can a man be married at the same time to two
women nearly related to each other, as to two sisters. It is also
considered that if a woman take a child to nurse she contracts a sort
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account