Sun, Sand and Somals: Leaves from the note-book of a District Commissioner in British SomalilandRayne, Henry A.
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Sun, Sand and Somals: Leaves from the note-book of a District Commissioner in British Somaliland
Rayne, Henry A.
British Somaliland
Saleha talked sensibly, and told me she had been married three
times. Her first husband, the girl's father, was dead. The second
divorced her, and now the third had turned her out. Marriage she
considered a failure. I sent for the husband, and, after seeing
the pair together, realised it was a hopeless case. The man had
conformed to Mahomedan law, since he had thrust his wife from his
house, by sending her six annas daily, as musroof or maintenance. He
did not want to take her back. She did not want to go; but they both
professed otherwise. There was a reason.
Under Mahomedan law a woman, becoming openly disobedient, and
forcing her husband to divorce her, may forfeit all right to her
mehr or dowry. Therefore, in the court, and particularly in the
Kathi's court where all matrimonial cases are sent, she must be
careful what she says, and how she acts. Also, outside the courts
she must walk circumspectly. Foolish conduct may be misunderstood,
or seized upon as a pretext to deny her her rights.
If a man is tired of a woman he may, in sundry ways, lead her a
dog's life, keeping well within the sharia[7] himself. When she is
tired of it all, and asks for a divorce, he can keep her dangling on
until at last the woman, in desperation, will offer to give up her
mehr for her liberty. That is, very often, the man's price; he will
then divorce her three times before witnesses. In such a case, if
she can prove his little game, she has still a remedy in the courts.
This is the weakest point in the Mahomedan marriage laws, for the
man may marry four wives, and, whilst the poor woman is kept hanging
on as a grass widow, he may enjoy all the comforts of married life.
She may not marry again until he has agreed to divorce her, or she
has proved such outrageous conduct on his part that the Kathi will
take the matter into his own hands. What is called "outrageous
treatment" of a woman under European law is not always so defined
under Mahomedan jurisdiction.
[7] Mahomedan law.
When I sent Saleha and her husband to the Kathi the man proved his
wife was disobedient. Had she not left her house to go visiting
without his permission? Did she not now refuse to return to him,
prepared as he was to forgive her? The woman said she was willing
to go back on the condition that he first returned her property.
The man swore on the Koran she possessed nothing of that which
she claimed, excepting the rope, the box, the nose ring and her
clothes. That settled it. She got these articles, but firmly refused
to return to him until all were forthcoming. They were both playing
a game.
We are now awaiting the return, from Perim, of her brother with
whose wife she lives, in the hope that he will be able to patch up
the trouble. Such is the history of this year's biggest divorce case
in the high society in Zeila.
Public-domain text, read in full here on John Shaqi.
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