The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
Any one of these senseless reasons, which have often the force of law
with unenlightened races, can be set aside, and the repudiation counted
null when it has been pronounced during a critical period of the
woman.[774] The woman with child, on the contrary, can be repudiated,
but she has a right to an “allowance during pregnancy.”[775] Actual
custom also admits voluntary divorce, at the proposal of the wife, for
a redemption paid by her to her master. Sometimes the initiative comes
from the husband, who, knowing that his wife desires her liberty, says
to her, “I repudiate thee, if thou givest me this _pallium_ of Herat,
or this horse, or this camel,” etc. It is then a sort of divorce by
mutual consent, and the two part as good friends.[776]
Lastly, there is obligatory divorce, pronounced by the Cadi, on the
plaint of the woman, when the husband is impotent, when in spite of
these matrimonial conventions he tries to compel the woman to quit
the house of her parents, or when he has corrected her with excessive
brutality.[777] Then the divorced wife goes away, taking her dowry with
her.
Taken altogether, these customs, while conforming to the spirit of
the Koran, have in a certain measure improved the position of the
married woman. This is because progress is the law of the social as
well as the organic world; more or less slowly, more or less quickly,
it ends by modifying in practice even theocratic legislations, which
are the most rigid of all. But the old customs are still found almost
intact in certain districts of Arabia which have remained more or less
completely isolated. Thus in nearly all Arab countries there is one
especial reason which justifies immediate repudiation of the marriage,
and that is the absence of virginity, when it has been affirmed in
the agreements preceding the union. But in Yemen this circumstance
justifies far more than mere repudiation; it excuses the murder of the
bride;[778] it is a practical return to the old law preserved in the
Bible ordering the guilty woman to be stoned.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account