The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
It is a veritable godsend for scientific sociology to be able to know
in its minute details all this curious regulation of Kabyle marriage.
Too often we are forced to content ourselves, in regard to savage or
barbarous peoples, with general assertions that have to be completed
as well as may be from accounts that are incoherent, sometimes
contradictory, and always fragmentary. Here we possess a whole
barbarous code, quite an assemblage of old Berber customs, which are
more or less confounded with the precepts of the Koran.
The law of Mahomet itself is only a sort of compromise between the
ancient customs of Arabia and the Biblical precepts relating to
marriage. On certain sides the Arab customs are superior to the
severity of the Kabyle kanouns, but on others they are inferior to
them, as, for example, in not affording to the wife the right of
“insurrection.”
It is necessary to distinguish between the text of the Koran and
practice, which has notably departed from it--sometimes for the
better, sometimes for the worse. The Koran leaves to the husband
the absolute right of repudiation. It orders that if the formula of
repudiation has been pronounced three times, the husband cannot take
back the wife until she has been married to another; it permits him
to do it, therefore, in the contrary case.[767] It specifies that the
repudiated wife should have a sufficient maintenance provided for
her, and that the husband should not keep the dower she brought with
her;[768] that the husband should have four months’ grace to retract
his decision;[769] that if the repudiated wife is suckling an infant,
the husband, or, in his default, the next heir, should supply her needs
during the two years that the suckling should last.[770]
The Koran orders repudiated wives not to re-marry before three
menstrual periods, not to dissimulate their pregnancy, “if they believe
in God and in the day of judgment;” and in the last case it advises the
husbands to take them back.[771] Lastly, the law of Mahomet encourages
amicable arrangements, and these by money payments between ill-assorted
couples; it authorises the husband to sell a divorce to his wife for a
cession, with her consent, of a portion of her dowry.[772] This is what
the texts, which are both legal and sacred, declare: this, then, is the
theory. We will now see what is the practice as regards repudiation and
divorce in Algeria at the present time.
There are three graduated formulas of repudiation: first, the
discontented husband says simply to the wife, “Go away,” and if he
has only said it once or twice, he may retract his decision; second,
but if he has said, “Thou art to me as one dead, or as the flesh of
swine,” it is forbidden to take back the repudiated wife until she has
been married to another, and then repudiated or left a widow; lastly,
there is a formula so solemn that it entails a separation for ever; it
is this, “Let thy back be turned on me henceforth, like the back of my
mother.”[773]
Public-domain text, read in full here on John Shaqi.
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