If the parties have children, such of them as are so young as to need a mother’s care are temporarily awarded to the woman’s custody even though she be the party declared to be guilty in the divorce suit.
CHAPTER XXIV.
The Mohammedan Law of Turkey, Persia, Egypt, India, Morocco and Algeria.
The laws of Mohammedanism which are founded on the Koran and the Traditions of Mohammed to-day constitute the civil and religious code of many millions of the world’s inhabitants.
A country that is subject to the government of Mohammedans is termed Dar-ool-Islam, or a country of safety and salvation, and a country which is not subject to such government is termed Dar-ool-hurb, or a country of enmity. Though Mohammedans are no longer under the sway of one prince, they are so bound together by the common tie of Islam that as between themselves there is no difference of country, and they may therefore be said to compose but one dar or commonwealth.
A Mohammedan is subject to the law of Islam absolutely, that is without distinction of place or otherwise.
Every unbeliever in the Mohammedan religion is termed a kafir, or infidel, and infidels who are not in subjection to some Mohammedan state are generally treated by Islamic lawyers as hurbees, or enemies.
The Mohammedans are taught to believe that their system of jurisprudence is of divine origin, is incapable of improvement, and can never be changed in any material particular. The fact is that with all its alleged source, perfection and immutability Mohammedan law has not been able to escape the inevitable rule of change which seems to affect everything and everybody in this world.