The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
A verse of the Koran shows us that before the time of Mahomet, sons
inherited all their father’s wives as a matter of course, in African
fashion: “Thou shalt not marry the women who have been thy father’s
wives; it is an abomination and a bad practice.”[845] We have seen
that this most gross custom, against which Mahomet inveighs, still
prevails in various countries, and especially amongst the negroes of
tropical Africa. It must have been general at the time of Mahomet, even
amongst the Arabs, since the prophet states that his law need not have
any retrospective effect: “Let that remain,” proceeds the same verse,
“which has already been done.”
There is one point, however, on which the Koran is in advance of the
greater number of barbarous societies, and even of the Bible. It
recognises, in fact, the right of a widow to inherit from her husband;
this right gives her a fourth, if there is no child, and an eighth only
in the contrary case.[846] But notwithstanding this the widow was often
abandoned, or, what is worse, confounded with the heritage. The Bible
was less kind to the widow. It specifies indeed that the fortune of
the husband is security for the personal effects and the dowry of the
wife, but it does not place her among her husband’s heirs. The Jewish
widow was a charge on her children, or, if she had none, on her own
family.[847] The abandoned widow had no other resource than her share
in the offerings and public charity.[848] The injunction is indeed
given not to afflict her;[849] it would certainly have been better to
grant her some rights.
In Judæa, the wife was bought by her husband; it is therefore probable
that, in primitive times, she formed a part of his wealth, as is the
case now among the Mussulman Afghans and among the Kabyles.
In Afghanistan, the widow, being a mortgaged property, cannot re-marry
until the price of purchase paid for her by her deceased husband has
been reimbursed to the parents of that husband.[850] In a great number
of Kabyle tribes, the widow remains “hung” to her dead husband--that is
to say, she is counted part of the heritage.[851] Generally she returns
to her family, and her father or her relatives sell her a second
time.[852] If, however, she has children, especially male children, she
cannot be forced to marry again; but then the son redeems her, or she
deducts from the property of her children the sum necessary to redeem
herself from paternal power.[853] In the tribe of Aït Flik, heirs have,
by pre-emption, the privilege of marrying the widow, and that without
having to pay the _thâmanth_.[854] It is understood that while awaiting
the day when she is to be disposed of again, the Kabyle widow is bound
to the strictest chastity. If she becomes with child, she is punished
by stoning.[855]
Public-domain text, read in full here on John Shaqi.
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