Page:The evolution of marriage and of the family ... (IA evolutionofmarri00letorich).pdf/161

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or genius hath deflowered.[1] There shall be young and beautiful virgins.[2]. . . And near them (the elect) shall be houris with large black eyes, having complexions like rubies and pearls.[3] Verily we have created the damsels of Paradise by a peculiar creation."[4]

The whole of this sacred code sanctifies the inferiority of the woman, and this inferiority has not been at all mitigated in practice; for iniquity, always tenacious, is far more so when it is authorised by religion.

We must notice, however, in regard to Mussulman marriage, a circumstance which at first sight is singular: it is that Mahometanism intervenes in nothing, as religion, in all that that concerns marriage; all conjugal matters are absolutely private, and even the civil power does not appear any more than the religious power in the celebration of marriage.

As a general rule, the future husband goes to declare his union to the sheik or cadi, who then remits the minute of it to the interested party, without keeping a copy of it. This formality is, besides, in no way obligatory; the marriage is considered as a private act, and if afterwards any disputes should arise in relation to it, the parties concerned arrange them as well as they can, by appealing to the testimonial proof.[5]

It all amounts to this, that for Mussulmans the wife is a thing, and the marriage a simple bargain. The wife is always sold to the husband, and the price is discussed either by her legal representative or by her conventional agent. The nuptial gift is even essential to marriage, and if it has not been paid the wife has the right to refuse all intimate commerce. "The wife sells herself," says Sidi Khelil; "and every vendor has the right to retain the merchandise sold until after taking the payment."[6] Before buying, the suitor is allowed to see the face and the hands of the bride; for the hands of the women are reputed to give an idea of her personal beauty.[7]

A man ought, whenever possible, to marry a virgin, and

  1. Koran, lii. 20.
  2. Ibid. lv. 56-70.
  3. Ibid. lvi. 22.
  4. Ibid. lvi. 35.
  5. E. Meynier, Études sur l'Islamisme, p. 148.
  6. Sidi Khelil, t. ii. p. 434 (quoted by Meynier).
  7. E. Meynier, loc. cit. p. 159.