Among the Hebrews, a modification of the patriarchal principle
took place as early as the seventh century before the Christian
era;[1455] and, according to the Talmudic law, a marriage, to be
valid, must be contracted with the voluntary consent of both the
parties concerned.[1456] In Arabia, Mohammed limited the paternal
power.[1457] According to all the Mohammedan schools, a son is at
liberty to contract a marriage without his father’s consent, after he
has completed his fifteenth year. The Hanafîs and Shiahs grant the same
privilege to a daughter, whereas, according to other schools, a woman
is emancipated from paternal control only through marriage.[1458] A
Mohammedan father certainly has the right to impose the _status_ of
marriage on his children during their minority, sons and daughters
alike, but the law takes particular care that this right shall never be
exercised to the prejudice of the infant. Any act of the father which
is likely to injure the interest of the minor is considered illegal,
and entitles the judge to interfere in order to prevent the completion
of such act, or, if complete, to annul it.[1459]
In the mature Greek jurisprudence the paternal power was more
restricted than during the Homeric age;[1460] and the Roman _patria
potestas_ gradually became a shadow of what it had been. Under the
Republic the abuses of paternal authority were checked by the censors,
and in later times the Emperors reduced the father’s power within
comparatively narrow limits. Alexander Severus ordained that severe
punishments should be inflicted on members of a family only by the
magistrate. Diocletian and Maximilian took away the power of selling
freeborn children as slaves; and Constantine declared the father who
killed his child guilty of murder.[1461] The father’s privilege of
dictating marriage for his sons declined into a conditional veto;[1462]
and it seems as if daughters also, at length, gained a certain amount
of freedom in the choice of a husband. At any rate, a daughter could
protest, if the father wished to give her in marriage to a man with a
bad reputation.[1463]
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