The young Kabyle girl is sold by her father, her brother, her uncle, or some relation (açeb); in short, by her legal owner. In announcing his marriage, a man says quite bluntly—"I have bought a wife." When a father has married his daughter, the phrase in ordinary use is—"He has eaten his daughter."[1]
Among the Cheurfas, but it is an exceptional case, the girl is consulted on the choice of a husband when she has attained the age of reason; everywhere else the virgin daughter is never consulted, and even the widow and repudiated wife, to whom the Mussulman law accords liberty, cannot dispose of themselves in Kabyle countries.[2]
In many tribes, however, the daughter can twice refuse the man that is proposed to her; but after that she has exhausted her right, and is forced to submit.[3]
The legal owner of the Kabyle woman generally gives her, at her wedding, garments and jewels; or rather, he lends them to her, for it is forbidden to the woman to dispose of them, and at her death these precious articles must be returned to her relatives.[4]
An essential condition of the Kabyle marriage, as of the Arab, is the payment of a certain price, generally debated, but which certain tribes of southern Jurjura have fixed once for all. This price is called the "turban" (thâmanth), as with us "pin-money" is spoken of. A penal sanction guarantees the payment of the thâmanth and the delivery of the person sold.[5]
In principle the woman has no right over the thâmanth.[6]
Besides the purchase money, or thâmanth, the Kabyle further stipulates in addition that he shall receive a certain quantity of provisions (cattle, or food, flour, oil, butter) to be consumed during the marriage festivities.
The villages which have tariffed the thâmanth have also fixed the amount of these presents.
The father likewise stipulates, for the benefit of the daughter who is sold, a gift of garments and of jewels; but this gift dispenses the husband from providing in this
