Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
The Mohammedan law of marriage and divorce is also recognized as
controlling and effective when the parties to a marriage are Mohammedans,
in Russia, Roumania, Servia, Bulgaria and Greece.
MARRIAGE.--Marriage is enjoined on every Mohammedan, and celibacy is
frequently condemned by Mohammed. "When the servant of God marries, he
perfects half of his religion," said the Prophet. Once Mohammed inquired
of a man if he was married, and being answered in the negative, he asked,
"Art thou sound and healthy?" When the man answered that he was the
Prophet angrily said, "Then thou art one of the brothers of the devil."
VALIDITY OF MARRIAGE.--Marriage, according to Mohammedan law, is simply a
civil contract, and its validity does not depend upon any religious
ceremony. Though the civil contract is not required to be reduced to
writing, its validity depends upon the consent of the parties, which is
called "_ijab_" and "_gabul_," meaning declaration and acceptance; the
presence of two male witnesses (or one male and two female witnesses); and
a dower of not less than ten _dirhams_ to be settled on the woman. The
omission of the settlement does not, however, invalidate the contract, for
under any circumstances, the woman becomes entitled to her dower of ten
_dirhams_ or more.
It is a recognized principle that the capacity of each of the parties to a
marriage is to be judged of by their respective _lex domicilii_.
The capacity of a Mussulman domiciled in England will be regulated by the
English law, but the capacity of one who is domiciled in the
_Belâd-ul-Islâm_, or Mohammedan country, by the provisions of Mohammedan
law.
We are told by the highest authorities on Islamic law that the three
principal conditions which are requisite for a proper marriage are:
understanding, puberty and freedom in the contracting parties.
The Mohammedan law fixes no arbitrary age at which either male or female
is competent to marry.
Besides understanding, puberty and freedom, the capacity to marry requires
that there should be no legal disability or bar to the union of the
parties; that in fact they should not be within the prohibited degrees of
relationship.
LEGAL DISABILITIES.--There are nine prohibitions to marry, namely:
1. Consanguinity, which includes mother, grandmother, sister, niece and
aunt.
2. Affinity, which includes mother-in-law, step-grandmother,
daughter-in-law and step-granddaughter.
3. Fosterage. A man cannot marry his foster-mother, nor foster-sister,
unless the foster-brother and sister were nursed by the same mother at
intervals widely separated. But a man may marry the mother of his
foster-sister, or the foster-mother of his sister.
4. Sister-in-law. A man may not marry his wife's sister during his wife's
lifetime, unless she be divorced.
5. A man married to a free woman cannot marry a slave.
Public-domain text, read in full here on John Shaqi.
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