Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
A country that is subject to the government of Mohammedans is termed
_Dar-ool-Islam_, or a country of safety and salvation, and a country which
is not subject to such government is termed _Dar-ool-hurb_, or a country
of enmity. Though Mohammedans are no longer under the sway of one prince,
they are so bound together by the common tie of Islam that as between
themselves there is no difference of country, and they may therefore be
said to compose but one _dar_ or commonwealth.
A Mohammedan is subject to the law of Islam absolutely, that is without
distinction of place or otherwise.
Every unbeliever in the Mohammedan religion is termed a _kafir_, or
infidel, and infidels who are not in subjection to some Mohammedan state
are generally treated by Islamic lawyers as _hurbees_, or enemies.
The Mohammedans are taught to believe that their system of jurisprudence
is of divine origin, is incapable of improvement, and can never be changed
in any material particular. The fact is that with all its alleged source,
perfection and immutability Mohammedan law has not been able to escape the
inevitable rule of change which seems to affect everything and everybody
in this world.
There are certain countries where the entire legal and religious system is
based on the laws of Mohammedanism; such countries are: Turkey, Persia and
Morocco. There are other countries, such as Egypt, India and Algeria,
where the law of Islam operates side by side with other legal systems.
In India there are four distinct systems of jurisprudence, all in full
operation and effect. These are:
1. English law created by the British Parliament.
2. Anglo-Indian law, which is created in India by the Legislative Councils
of the British Government.
3. Hindu law, which applies to every one in British India who is a Hindu,
and to no one else.
4. Mohammedan law, which applies to every one in British India who is a
Mohammedan, and to no one else.
If a Mohammedan in India abandons his religion he ceases to be governed by
Mohammedan law.
Since the promulgation of the Regulations of Warren Hastings in 1772, all
suits in British India regarding inheritance, marriage, caste and other
religious usages and institutions with respect to Mohammedans have been
decided invariably according to Mohammedan law.
EGYPT.--There are four kinds of legal tribunals in Egypt, namely:
1. The Native Courts, which have civil and criminal jurisdiction over
natives.
2. The Consular Courts, which have jurisdiction over foreigners charged
with crime.
3. The Mixed Tribunals, which have civil and criminal jurisdiction over
persons of diverse citizenship.
4. The Mohammedan Courts, which deal with the questions of the personal
rights of the Mohammedan inhabitants according to the laws of Islam.
As over ninety _per centum_ of the people of Egypt are Mohammedans, the
importance of the Mohammedan Courts is apparent.
Public-domain text, read in full here on John Shaqi.
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