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 COMPARISON.--When compared with the Mosaic law it will be seen that by
the latter, divorce was only sanctioned when there was "_some
uncleanness_" in the wife, and whilst in Islam a husband can take back his
divorced wife, in the law of Moses it was not permitted. See Deut. xxiv.,
1-4.
IDDAH OR IDDAT.--This is the term of probation incumbent upon a woman in
consequence of a dissolution of marriage, either by divorce or the death
of her husband. After a divorce the period is three months, and after the
death of her husband four months and ten days, both periods being enjoined
by the Koran.
EFFECTS OF DIVORCE:
1. Sexual intercourse between the divorced persons becomes unlawful.
2. The wife is free to marry another husband after the completion of her
_iddah_; or immediately if the marriage was never consummated.
3. The husband may complete his legal number of four wives without
counting the divorced one, or may marry a woman who could not be lawfully
joined with the divorced one, for example, her sister, after the
completion of her _iddah_ but not before.
4. If the marriage has been consummated before the divorce, the whole of
the unpaid dower becomes immediately payable by the husband to the wife,
and is enforceable like any other debt if the marriage had not been
consummated and the amount of dower was specified in the contract, he is
liable for half that amount; if none was specified, he must give the
divorced wife a present suitable to her rank, or their value. But the wife
has no right to anything if the divorce took place by her wish, or in
consequence of any disqualifications on her side, as for instance, her
apostasy.
5. The wife is entitled to be maintained by her husband during the _iddah_
on the same scale as before the divorce, conditionally on submitting to
her husband's control as regards her place of residence and general
behaviour. But on completion of her _iddah_ she ceases to have any claim
for maintenance.
CHAPTER XXV.
THE UNITED STATES OF AMERICA.
The United States as such, that is, in its Federal capacity, has no single
system of marriage and divorce laws applicable to all the States and
Territories.
The purpose of the Constitution of the United States is to maintain by its
federal structure a strong national government, while recognizing each of
the States which make up the federation to be so far as is consistent with
the motive of the Union, sovereign commonwealth.
When one considers this wonderful federation of States and Territories,
with nearly half a hundred separate governments each making and
interpreting its domestic laws, and yet all parts of, and working in
harmony with, the central or Federal Government, the justice of
Gladstone's tribute to the American Constitution as "the most wonderful
work ever struck off at a given time by the brain and purpose of man" is
apparent.
Public-domain text, read in full here on John Shaqi.
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