8. It is not lawful for a man to marry his own slave, or a woman her bondsman.
9. If a man pronounces three divorces upon a wife who is free, or two upon a slave, she is not lawful to him until she shall have been regularly espoused by another man, who having duly consummated the marriage, afterwards divorces her, or dies, and her ’iddah from him be accomplished.
In the Korân or El-Kor’an we find in the chapter on women (Sura IV.) the law expressed as to certain prohibitions:
“Forbidden to you are your mothers, and your daughters, and your sisters, and your aunts, both on the father’s and mother’s side, and your nieces on the brother’s and sister’s side, and your foster-mothers, and your foster-sisters, and the mothers of your wives, and your stepdaughters who are your wards, born of your wives to whom you have gone in: (but if ye have not gone in unto them, it shall be no sin in you to marry them) and the wives of your sons who proceed out of your loins; and ye may not have two sisters; except where it is already done. Verily, God is Indulgent, Merciful!”
Polygamy.—According to Mohammedanism polygamy is a divine institution, and has the express sanction of the law. Mohammed restrained the practice of polygamy by limiting the maximum number of contemporaneous marriages, and by making absolute equity toward all obligatory on the man. A Mohammedan may marry four wives but no more. The law is thus stated: “You may marry two, three, or four wives, but not more.” However, all true believers are enjoined that, “if you cannot deal equitably and justly with all you shall marry only one.”
In India more than ninety-five per centum of the Mohammedans are at the present, either by conviction or necessity, monogamists. In Persia only two per centum of the population enjoy the questionable luxury of plurality of wives.
Celebration of Marriage.—The Nikah, or celebration of the marriage contract, is preceded and followed by festive rejoicings, which have been variously described by Oriental travellers, but they are not parts of either the civil or religious ceremonies. The Mohammedan law appoints no specific religious ceremony, nor are any religious rites necessary for the contraction of a valid marriage. Legally, a marriage contracted between two persons possessing the capacity to enter into the contract is valid and binding, if entered into by mutual consent in the presence of witnesses. As a matter of practice a Mohammedan marriage is generally concluded by a formal ceremony which is ended by the Qazi offering the following prayer:
“O Great God! grant that mutual love may reign between this couple, as it existed between Adam and Eve, Abraham and Sarah, Joseph and Zalikha, Moses and Zipporah, his highness Mohammed and Ayishah, and his highness Ali al-Murtaza and Fatimatu’z-Zahra.”
Husband and Wife.—A husband is not guardian over his wife any further than respects the rights of marriage, nor does the provision for her rest upon him any further than with respect to food, clothing and lodging.
A husband must reside equally with each of his wives, unless one wife bestow her right upon another wife.