Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Polyandry is the condition of a woman having more than one husband at the
same time. It evidently had its origin in infertile regions in the
endeavour to limit the population to the resources of the district. It is
almost a thing of the past, but it is still practised in Thibet, Ceylon
and some parts of India.
MORGANATIC MARRIAGE.--A morganatic marriage is a marriage between a member
of a reigning or nominally reigning family and one who is not of either of
such families. It is a term usually employed with reference to a
matrimonial alliance between a man of royal blood (or in Germany of high
nobility) and a woman of inferior rank.
Such alliances are sometimes called "left-handed marriages," because in
the wedding ceremony the left hand is given instead of the right.
In Germany a woman of high rank may make a morganatic alliance with a man
of inferior position. The children of a morganatic marriage are
legitimate, but neither they nor the wife can inherit the rank or estate
of the morganatic husband.
By the Royal Marriage Act of England such an alliance has no matrimonial
effect whatever.
DIVORCE.--Divorce is almost as ancient as marriage, and just as fully
sanctioned by history, necessity and authority. In the 24th Chapter of
Deuteronomy we read:
"When a man hath taken a wife, and married her, and it come to pass that
she find no favour in his eyes, because he hath found some uncleanness in
her, then let him write her a bill of divorcement, and give it in her
hand, and send her out of his house. And when she is departed out of his
house, she may go and be another man's wife." This rule was consistent
with the patriarchal system of the Jewish commonwealth. The husband as the
head of the family could divorce his wife at his pleasure. An illustration
of such a divorce is furnished by Abraham's dismissal or divorcement of
Hagar. This was surely a simple divorce law with a summary procedure, much
cheaper, quicker and easier than is given by the statutes of several
American States. No solicitor, barrister or court was required. The
husband constituted himself president of the Court of Probate, Admiralty
and Divorce for the special occasion and granted himself a favourable
decree. The law of divorce as stated in Deuteronomy continued to be
accepted by the Hebrews until the 11th century. It was in full force when
Christ was on earth, for it is recorded in the 19th Chapter of the Gospel
of St. Matthew that He was questioned concerning it. Jesus had given to
the Pharisees His views of marriage in answer to their question: "Is it
lawful for a man to put away his wife for _every_ reason?" He then stated
the proposition that because of marriage a man shall leave father and
mother, and shall cleave to his wife, and added: "What, therefore, God
bath joined together let not man put asunder."
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account