If the violation of the wife of another is a crime, how much more
is she to be condemned who voluntarily commits this sin. For the
reason that there are many reckless men who, either through ambition
or desire, or induced by some fraud, and despising their own wives,
seek those of others, we therefore decree by this law, which is to
be perpetually observed; that no man, except for the manifest cause
of fornication, shall at any time, leave his wife, nor shall he
divorce himself from her, either in the presence of a witness, or by
any instrument in writing, or under any pretext whatever. Where her
husband is able to prove her guilty of adultery, the crime having
been established by sufficient evidence, she shall be given up to him
by the judge to be disposed of as he pleases; in accordance with the
provisions of a former law. If, however, she should manifest a desire
to enter a religious order, the priest shall ascertain the wishes
of both of them, so that, afterwards, neither will be able to offer
any excuse for their conduct, in case either should marry again. But
if, under any other circumstances, a man, rejecting his wife, should
fraudulently obtain from her a document in writing, relating to a
separation, such document shall have no validity whatever, and the
wife shall be entitled to recover the sum she received as a dowry;
and if the unprincipled husband should have any property, it shall be
given to their children. But if there should be no children by this
marriage, or by a former one of the husband, the wife shall receive
his entire property, in addition to her dowry, as aforesaid; and if
she should be dead, her sons shall have the right to bring the matter
before the court; so that, the crime being proved, the man may undergo
the sentence of the law. All the children either by this marriage or by
a preceding one of the husband, shall, as we have said, share equally
in the property. But if the parties should have no children; and there
should be none living of the first marriage of the husband; and it
should appear that the woman has children by a previous marriage of
her own; it shall be lawful for the latter to share in their mother’s
rights in this property; and, on their application, under the present
law, they may obtain the entire possessions of the man who has been
condemned. Where there are no children of the aforesaid persons,
husband and wife, her nearest relatives shall be entitled to the
inheritance of her property, providing they should have instituted
proceedings leading to the conviction of the husband. Where a husband,
for the sake of divorce, or for security to himself, extorts any
instrument in writing from his wife, or, without doing this, having
abandoned his wife, should marry another; he shall receive two hundred
lashes in public, and shall be scalped, as a mark of degradation; or
he may be condemned to perpetual exile, or be given as a slave to any
one whom the king may select.
Public-domain text, read in full here on John Shaqi.
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