On the contrary, he says to vulgar believers: “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.”[403]
Polygamy is not rare in the world. We have seen it and shall see it again in the course of our inquiries; but the polygamy of the Koran has an advantage over most of the others; it is at once celestial and terrestrial, for the paradise of true believers is only an ideal harem: “Say, O believer, what shall I declare of greater benefit for those who fear God, than gardens through which flow rivers of water, where they shall dwell for ever, and there shall be women, who are pure virgins, etc.[404]... Damsels having large black eyes. Therein shall be agreeable damsels, whom no man or genius hath deflowered.[405] There shall be young and beautiful virgins.[406]... And near them (the elect) shall be houris with large black eyes, having complexions like rubies and pearls.[407] Verily we have created the damsels of Paradise by a peculiar creation.”[408]
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 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.[409]
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.”[410] Before buying, the suitor is allowed to see the face and the hands of the bride; for the hands of the woman are reputed to give an idea of her personal beauty.[411]
A man ought, whenever possible, to marry a virgin, and the bargain may be concluded several years before the delivery of the merchandise.[412] If the girl is still a virgin, not emancipated, but beyond the age when it is considered necessary to commence the special rôle reserved to her sex, the father has the right to impose marriage on her.[413]
The orphan girl can also be married by the authority of the Cadi, if she is more than ten years old, and if there is reason to fear that she may lead an irregular life.[414]
In all other cases the consent of the girl is necessary. This circumstance, let us especially note, constitutes a real moral progress beyond savage polygamy, and we shall presently see that it is not yet realised in Kabyle. The consent of the girl is given in two ways, according to whether she is a virgin or not. This interesting particular must be frankly declared during the negotiation; the Koran commands it. If the girl is a virgin, it is understood that modesty should deprive her of speech, and in order to signify yes or no, she must have recourse to the language of signs. She can, for example, show her repugnance by covering her face, and her content by smiling. But if she is no longer virgo intacta she is allowed to speak freely.[415]
We have seen that, according to the Koran, the woman owes her master an absolute submission; and he, in return, whatever may be the number of his wives, binds himself morally not to leave any one of them “as in suspense.” This precept of the sacred code is specifically carried out. Every Mussulman owes to his wives an equal share of his nights, and she who has had the favour of the night has a right to the following day also.