Page:The Green Bag (1889–1914), Volume 13.pdf/514

 Women Among Mohammedans, yet it was no crime if, previous to that date, she should leave off her mourning weeds and look out for a new husband; and so with a man courting a newly made widow, the desire of marrying her, whether shown openly or concealed in his own breast, did not render him guilty in the sight of God. The Almighty knows men cannot prevent themselves from thinking about women; so argued the Prophet, but he added, "make no promise to them in secret unless you veil your love in decorous language; and resolve not on the knot of marriage until the pre scribed time is accomplished; and know that God knoweth that which is in your minds, therefore beware of him, and know that God is gracious and merciful." It was customary among the Pagan Arabs when a man died for one of his relations to claim a right to his widow, which he asserted by throwing his garment over her; and then he either married her himself if he thought fit, on assigning her the same dower that her former husband had done, or kept her dower and married her to another, or else he refused to let her marry unless she gave up all she was entitled to claim out of her husband's goods. The fourth chapter of the Koran abolished this unjust custom. A trace of this making a claim by ''throwing a garment" over a young widow is seen in the lovely pastoral story of Ruth and Boaz, as given in the Jewish Scriptures. Mahomet was not an ascetic, nor had he the courage to be too severe on others. He calls adultery by a woman "the infamous action" par excellence, but he directs that the crime should be proved by four wit nesses. Moreover, the woman could excul pate herself by swearing four times before God that she was innocent, and that her hus band had lied. If she is convicted she and lier accomplice both receive a hundred lashes in public, and she is then shut up until death visits her, or God finds her a means of salvation. If a husband accuses his wife of infidelity and has no witnesses to prove it,

473

he can substantiate the assertion by swearing five times to the truth of the charge, invok ing upon himself the malediction of God, if he gives false witness. (Sura, XX1Y, 6-9.) The Kabyles of Algeria are Moslems, but they do not abide by the humane pre scriptions of the Koran. With them a kiss on the mouth is equivalent to adultery and costs more than an assassination. If a child is born out of wedlock, both it and the mother are put to death. The husband is entitled to sacrifice his guilty wife, but is often hindered by the dread of losing the capital she repre sents; he is entitled to compensation from the guilty lover and to take a bloody ven geance upon him. The indemnity is always insisted upon, the vengeance taken is some times sham. With these people marriage is a very mercenary affair, and money is the great solace for the infidelity of the wife; besides the payment by the lover the hus band can demand the thamanth that he paid for his wife. The guilty parties are not allowed to intermarry. (Hanoteau & Letourneau, Kabylie, quoted in Letourneau, Evolution of Marriage, p. 219.) The ancient Arabs were not more lenient towards adultery than were their cousins of Palestine, the Jews; and the Bedouins who have preserved most of the old customs, still consider adultery the greatest of crimes. Burckhardt tells us that among them the adulterous woman is beheaded either by her father or her brother. The husband has the right to forbid his wife to eat garlic, or to eat or drink any other thing which may have a disagreeable odor. He may forbid any occupation likely to weaken her, or to impair her beauty. If she refuses to perform her conjugal duties, without reasonable cause, he may at will deprive her of salt, pepper, vinegar, meat, etc. (Meynier, Etudes sur l'Islamisme, 166, 167.) The Koran says, "If any of your women commit adultery or fornication, produce four witnesses from among you against them, and