of maternity towards it, and that if a boy and girl are nursed by the
same woman they become brother and sister, and, in a general way, it is
said "that whatever is prohibited in consanguinity is prohibited in
fosterage"; but it is doubtful whether the law goes so far. The widow,
or a divorced woman, is not allowed to marry again during her _iddut_.
This is a period of chastity which a woman is bound to observe in order
to avoid confusion of issue. If she is pregnant it lasts until the child
is born; if not, then in case of divorce it lasts through three periods
of menstruation; if she is a widow it lasts for four months and ten
days. A Mahommedan man cannot marry an idolatress, but Jews and
Christians are not thereby excluded, because, although infidels, they
are not idolatresses. A woman is forbidden by Mahommedan law to marry
any one who is not a Mahommedan; but if the marriage took place in
conformity with the Act of 1872 it might be valid, if it amounted to a
repudiation by the woman of her Mahommedanism. It is important to
remember, when considering the validity of a Mahommedan marriage, that a
distinction is drawn between marriages which are simply void (_batil_)
and those which can only be annulled by judicial decision (_farid_), for
such a decision has no retrospective effect, so that the children
already born are legitimate; and if no step is taken to obtain such a
decision during the existence of the marriage, it cannot be questioned
afterwards. What marriages are absolutely void, and what are only
capable of being declared void, is not very clearly settled, but the
evident leaning of Mahommedan law is against absolute invalidity, and
there is strong authority for the opinion that no marriages are
absolutely void except a marriage by a woman who has a husband living
and such as are declared to be incestuous.
Divorce.
Public-domain text, read in full here on John Shaqi.
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