Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
6. It is not lawful for a man to marry the wife or _mu'taddah_ of another,
whether the _'iddah_ be on account of repudiation or death. That is, he
cannot marry until the expiration of the woman's _'iddah_, or period of
probation.
7. A Mohammedan cannot marry a Polytheist, but he may marry a Christian,
Jewess, or a Sabean.
8. It is not lawful for a man to marry his own slave, or a woman her
bondsman.
9. If a man pronounces three divorces upon a wife who is free, or two upon
a slave, she is not lawful to him until she shall have been regularly
espoused by another man, who having duly consummated the marriage,
afterwards divorces her, or dies, and her _'iddah_ from him be
accomplished.
In the _Korân_ or _El-Kor'an_ we find in the chapter on women (Sura IV.)
the law expressed as to certain prohibitions:
"Forbidden to you are your mothers, and your daughters, and your sisters,
and your aunts, both on the father's and mother's side, and your nieces on
the brother's and sister's side, and your foster-mothers, and your
foster-sisters, and the mothers of your wives, and your stepdaughters who
are your wards, born of your wives to whom you have gone in: (but if ye
have not gone in unto them, it shall be no sin in you to marry them) and
the wives of your sons who proceed out of your loins; and ye may not have
two sisters; except where it is already done. Verily, God is Indulgent,
Merciful!"
POLYGAMY.--According to Mohammedanism polygamy is a divine institution,
and has the express sanction of the law. Mohammed restrained the practice
of polygamy by limiting the maximum number of contemporaneous marriages,
and by making absolute equity toward all obligatory on the man. A
Mohammedan may marry four wives but no more. The law is thus stated: "You
may marry two, three, or four wives, but not more." However, all true
believers are enjoined that, "if you cannot deal equitably and justly with
all you shall marry only one."
In India more than ninety-five _per centum_ of the Mohammedans are at the
present, either by conviction or necessity, monogamists. In Persia only
two _per centum_ of the population enjoy the questionable luxury of
plurality of wives.
CELEBRATION OF MARRIAGE.--The _Nikah_, or celebration of the marriage
contract, is preceded and followed by festive rejoicings, which have been
variously described by Oriental travellers, but they are not parts of
either the civil or religious ceremonies. The Mohammedan law appoints no
specific religious ceremony, nor are any religious rites necessary for the
contraction of a valid marriage. Legally, a marriage contracted between
two persons possessing the capacity to enter into the contract is valid
and binding, if entered into by mutual consent in the presence of
witnesses. As a matter of practice a Mohammedan marriage is generally
concluded by a formal ceremony which is ended by the _Qazi_ offering the
following prayer:
Public-domain text, read in full here on John Shaqi.
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