The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
In case of repudiation, for any motive whatever, the Kabyle husband
has the right to keep all his children, girls and boys, even those
at the breast.[759] As for the repudiated woman, she always returns
to her parents, and it is to these last that a man must apply to
marry her; but the new marriage cannot be concluded until after the
payment to the first husband of the price of the redemption (_lefdi_),
which is sometimes more, sometimes less, than the _thâmanth_, or
price of the first acquisition. Generally, too, the parents profit
by the opportunity to claim a supplement, or gratification. The
father often agrees first with the husband, reimburses him for the
_thâmanth_, and afterwards negotiates his daughter as he pleases. In
a certain number of tribes the husband can directly sell his wife,
but Kabyle morality reproves this practice,[760] and permits the wife
in that case to retire to her father, where she remains “prevented”
(_thamaouok’t_); however, if the father is powerful, he risks sometimes
marrying his daughter, and the tribe at need stands by him.[761] In
any case, the repudiated Kabyle woman can only marry after a delay
(_aidda_), generally of four months,[762] which is conformable to the
prescriptions of the Koran. If she flees the country, the parents
must restore to the husband the _thâmanth_ or _lefdi_, for this
last can no longer gain them a new suitor.[763] The whole of this
_régime_ is very partial to the husband. However, as public opinion
in Kabyle is sovereign, it has decreed a few protective measures for
woman, recalling from afar the proverbial liberality of the Berbers
in conjugal matters. Thus, though the woman is deprived of the right
of divorce, she is allowed a “right of insurrection” if she has just
complaints to make. In this case she begins by telling one of her
relatives, who fetches her back to her father openly, the husband not
being permitted to oppose; it remains to him either to repudiate the
fugitive or to let her be a “prevented one.” It is understood that
custom protects an “insurgent” wife only when she takes refuge with her
relatives.[764] Some tribes have tariffed the _thâmanth_; and in case
of repudiation the husband can only exact or receive the ordained sum.
As for the tariff of the repudiated woman, it is nearly always more
than the _thâmanth_, or price of the virgin and the widow. This is done
counting on the avidity of the husband, to urge him to permit a fresh
marriage.[765] Lastly, it is the rule that after four years’ absence
on the part of the husband the union is dissolved and the woman is
free.[766] This is a wise law which certain European codes might borrow
with advantage from Kabyle legislation.
Public-domain text, read in full here on John Shaqi.
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