Page:The Green Bag (1889–1914), Volume 13.pdf/509

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The Green Bag.

bride has been conducted with much pomp to her new house, if the spouse chosen for her by her parents or guardians is not alto gether a 'persona grata to herself, she may still refuse to accept him for her husband: for according to an Oriental custom of im memorial antiquity, a newly wedded hus band can assume no rights over his wife until she has spoken to him. Eastern brides are, indeed, often advised by experienced matrons not to respond too readily to the advances of their bridegrooms, even if they regard them with affection : and when a girl is exceptionally shy, or obstinate, stratagem has sometimes to be had recourse to in order to break the spell of silence. (Women in Turkey, The Cosmopolitan, July, 1900.) Mahomet, in his celebrated Arafat dis course, said: "Ye men, ye have rights over your wives, and they have rights over you." He made marriage a civil contract, and as a contract of partnership it requires two witnesses. The husband is bound to main'tain his wife and her domestic servants; as the Hiclaya says, "The word of God appoints a vife subsistence and a maintenance." Amir' AH says: "The contract of marriage gives a man no power over the woman's person beyond what the law defines, and none whatever over her goods and prop erty. She retains in his household all the rights which the law vests in her as a re sponsible member of society. She can be sued as a feme sole; she can receive prop erty without the intervention of trustees; she has a distinct lien upon her husband's estate for her ante-nuptial settlement. Her rights as a mother do not depend for their recognition upon the idiosyncrasies of indi vidual judges. She can enter into binding contracts with her husband, and proceed against him in law; her earnings cannot be squandered by a prodigal spouse; she can sue for debt or damages without any inter mediary; and she can sue her husband if he assaults her." (51 Albany L. J., 315, 316.) Among Mohammedans the maintenance

of the children devolves so exclusively upon the father that the mother is even entitled to claim wages for nursing them. (Westermarch, 17.) The Koran declares: "Men are superior to women by reason of the qualities God has given them to place them above women, and because men employ their wealth in giving dowries to women. Virtuous women are obedient and submissive; they carefully guard during their husband's absence that which God has ordered them to preserve intact. Thou shall correct those whom thou fearest may be disobedient, thou shall put them in beds apart; thou shall beat them: but as soon as they obey thee again, do not seek cause of quarrel with them; God is merciful and great." "It is permitted unto you to procure wives with money, and thou shall keep them in virtuous ways, avoiding debauchery. Give unto her with whom ihou dosl cohabit the dower thou hast promised." A little .shamming was possible about these dowries, for the Prophet says: "Assign dowries freely to your wives, and if it pleases them to give you back a part, enjoy it conven iently al your ease." (Sura. IV, 36, 18, 3.) Mahomet revealed to himself that he might perform his marital duties to the members of hi richly furnished harem as he thought fit, but to ordinary believers he said: "Ye can by no means carry yourselves equally between wives in all respects, though you study to do it: therefore turn not from a wife with all manner of aversion, nor leave her like one in suspense: if ye agree and fear to abuse your wives, God is gracious and merciful." (Koran. IV, v. 129.) The husband musí supply food lo his wife, even if she is afHicled with a voracious appe tite. This affliction is considered as a calamity, but the husband must put up with it or repudiate the glutton. He must also provide his wife, or wives, water to drink and for ablutions and purifications, oil to eat and to burn, and with cosmetics, unguents,