Matrimony in India, in nearly every case, is stamped by one of
two types, the marriage-contract of the Mussulmans, or the unions
sanctified in the vast and extremely complex social system that is
comprised under the general name of Hinduism. In theory, legally one
might say, marriage among the Mussulmans of India is a contract that
should in no way differ from that practised in other countries of
Islam. A man and a woman bind themselves or are bound by a voidable
contract which confers certain rights of maintenance and succession,
in consideration of mutual comfort and cherishing. The contract, but
not its sanction and consequences, can be repudiated at the man’s will
and, subject to certain intelligible limitations, at the claim of the
woman. In all cases proper and ample provision is and must be made
for the children. The woman who is divorced, or widowed, is in no way
prevented from entering upon a fresh contract with another husband,
rather she is encouraged and assisted so to do. Broadly speaking,
this is the legal position in every Mussulman marriage. No other
world-wide system has ever been so reasonable and so human. It is a
legislation passed through the mouth of its Founder for all followers
of the faith, as human beings bound in their relations to other men
and women only by justice, which is the ultimate morality of the
world. The interpretation of the Legislator’s act has varied slightly
in the jurisprudence of the “Four Pillars of the Faith,” the talented
authors of the four great law-schools of Islam. Among the Shiah sect
in Persia, also, the rulings have been somewhat modified and extended
in the judge-made law of the ecclesiastical courts: and contracts
for temporary marriages--marriages limited to a stated, sometimes a
short, period--have for example been recognized and ratified. But these
are all variations which show the more clearly how, in essence, the
matrimony of Islam is a thing of law, an agreement for certain purposes
and with certain consequences, between human beings regarded in their
capacity as agents in a very human world. That this should be so is, in
fact, a necessary consequence from the whole character of Islam. For
the very essence of Islam is its rationalism. God created the world
that He might be _known_. From the children of Adam He expects praise
and He exacts obedience and resignation. By His strength and will He
divides among them their shares of blissful or unkind environment.
But in the activities of human life, when they have satisfied the
requirements of prostration to the All-Powerful Creator, He leaves
them free to move as they will under the guidance of the highest human
morality--justice. In the verses that are concerned with the relations
between man and man, the Book of the Qor’an is as rational as the
ethics of Aristotle or the commentary of a student. Even the Persian
mystics, that were clad in wool, the children of the Tasawwuf--they who
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