2. The Consular Courts, which have jurisdiction over foreigners charged with crime.
3. The Mixed Tribunals, which have civil and criminal jurisdiction over persons of diverse citizenship.
4. The Mohammedan Courts, which deal with the questions of the personal rights of the Mohammedan inhabitants according to the laws of Islam.
As over ninety per centum of the people of Egypt are Mohammedans, the importance of the Mohammedan Courts is apparent.
The Mohammedan law of marriage and divorce is also recognized as controlling and effective when the parties to a marriage are Mohammedans, in Russia, Roumania, Servia, Bulgaria and Greece.
Marriage.—Marriage is enjoined on every Mohammedan, and celibacy is frequently condemned by Mohammed. “When the servant of God marries, he perfects half of his religion,” said the Prophet. Once Mohammed inquired of a man if he was married, and being answered in the negative, he asked, “Art thou sound and healthy?” When the man answered that he was the Prophet angrily said, “Then thou art one of the brothers of the devil.”
Validity of Marriage.—Marriage, according to Mohammedan law, is simply a civil contract, and its validity does not depend upon any religious ceremony. Though the civil contract is not required to be reduced to writing, its validity depends upon the consent of the parties, which is called “ijab” and “gabul,” meaning declaration and acceptance; the presence of two male witnesses (or one male and two female witnesses); and a dower of not less than ten dirhams to be settled on the woman. The omission of the settlement does not, however, invalidate the contract, for under any circumstances, the woman becomes entitled to her dower of ten dirhams or more.
It is a recognized principle that the capacity of each of the parties to a marriage is to be judged of by their respective lex domicilii.
The capacity of a Mussulman domiciled in England will be regulated by the English law, but the capacity of one who is domiciled in the Belâd-ul-Islâm, or Mohammedan country, by the provisions of Mohammedan law.
We are told by the highest authorities on Islamic law that the three principal conditions which are requisite for a proper marriage are: understanding, puberty and freedom in the contracting parties.