Page:The Green Bag (1889–1914), Volume 13.pdf/513

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The Green Bag.

under the name of sadac—to the wife upon; on the ground that they only should inherit marriage, or by which part of the mahr (the who could go to war. money paid for her) was customarily set The same chapter of the Koran also pro aside for her use. But under Islam the vided that if a man die without issue, and difference between mahr and sadac disap have a sister, she shall have the half of what peared, the price paid to the father becoming he shall leave; and a brother shall be heir the property of the woman. (Westermarch, j to a sister in case she die without children. But if there be two sisters they shall have 408.) It is a religious duty for a man to give between them two-thirds of what a brother a dowry to his daughter. The Moham so dying shall leave; and if there be several, medans, as a rule, settle very large dowries both brothers and sisters, a male shall have on their wives; and it is generally stipulated as much as the portion of two females. that two-thirds of the dowry shall be paid "God declareth unto to you these precepts, immediately before the marriage contract lest ye err: and God knoweth all things," is made, while the remainder is held in re are the impressive words with which this serve to be paid to the wife in case of her Sura ends. being divorced without her consent, or in The Koran says that one year's main case of her husband's death. And whatever tenance must be provided for every widow property the wife receives from her parents out of her husband's estate. If a mother is or any other person on the occasion of her poor and the son is able to work, he is bound marriage, or otherwise, is entirely at her to support her, even though he is in straight own disposal, -and not subject to any claim ened circumstances. If a son is able to sup of her husband or his creditors. (Sura, port but one parent or grand parent, the IV, 3; Macnaghten, Principles of Moham mother or the grandmother has the prefer medan Law, P. XXXV; Lane, Modern ence over the father or grandfather. (51 Alb. Egyptians, I, 218, 138.) No coverture is L. J, 317-) recognized, and a wife's property remains The Koran forbids a widow marrying for hers in her individual right. She can alien four months and ten days after her husband's ate or devise without her husband's consent. deatli : if she is then found to be pregnant Amir AH says that there must be an ante she must not marry until after her delivery. nuptial consideration moving from the hus (Sura, II, 234.) Among the Arabs, if at the band to the wife, for her exclusive use and time of her husband's death the wife thinks benefit, to make a legal marriage. Another herself with child, she lays her girdle on his writer says: "Dower is so necessary to mar body: note is taken of it and the time riage that if it is not mentioned at the time, awaited. If the waiting is vain, at the end of or in the contract, the law will presume it eleven months the widow is examined by a by virtue of the contract itself." (51 Albany jury of matrons, and- if nevertheless the Law Journal, 316.) expected child does not come, it is called The Fourth Sura says, "Men ought to "asleep." The widow is free, may marry have a part of what their parents and kindred again, and if she becomes a mother the child leave behind them when they die; and awaited so long is reputed the child of the women also ought to have a part of what dead husband, and inherits from him. How their parents and kindred leave, whether it ever, this pretended sleep is generally limited be little, or whether it be much; a determinate to four years. (Hanoteau . & Letourneau, part is due to them." Before this among the Kabylie, II, 174, 175.) Although a widow had to wait four months Arabs neither women nor children took any part of their husband's or father s property, and ten davs before she could marrv again,