Tj6 M A R R I A G E . Book II.
1 med ^1C circumftance of his deccafe, and confequently muft be
paid out of his eftate, unlift it Ihould be known that the wife had
died filft, in which cafe the hufband’s portion of inheritance would
■ drop from the dower [that is, muft be dedufted from it,] on account
that he alfo is an heir;— and, in the latter, becaufe the woman’s
proper dower had become a debt upon the hulhand, the fame as a
fp a ified dower, and therefore does not drop in confequence of his
death, any more than where only one o f the parties dies.— Haneefa
argues that, m this cafe, a fuppolition of the death o f both hulband
and wife affords a eoncluiion that their peers and cotemporaries are all
alleady cut off by death, and no longer remain, becaufe it is molt
probable that they would not both die until after a length of time-
and after the lapl'e of fuch a period, their peers and cotemporaries no
longer remaining, from whom can the Cawzeejudge of or decide what
the value of the woman’s proper dower ought to be ?— Haneefa, however,
holds alfo that where the hulband and wife both happen to die
before the lapfe of any length of time, fo as that their peers and cotemporaries
are ftill remaining, her heirs are entitled to her proper
dower.
p “teconcern- I f a h u fb a l ld were to fend any thing to his wife, and Are were to
mg articles denominate it a prefent, while he aflerts that he has given it in Dart
band to.his Payment oi her dower, m this cafe the declaration of the hulhand
muft be credited, becaufe he is the giver, and confequently muft be
fuppofed to know his own intentions beft;— moreover, it is evidently
the bulinefs of the huftiand to liquidate the obligation which lies
againft him,’ before he proceeds to perform gratuitous adl-s; his declaration,
therefore, muft be credited, except where the thing font con-
lifts of vidtuals ready drolled for eating, (fuch as roafied\ or boiled, or
Jiewed, and fo forth,) in which cafe the aflertion of the woman muft be
credited, becaufe it is ufual and cuftomary for hulbands to fend fuch
articles as prefents to their wives, not counting it in the dower;
but in refpedt to wheat or barley, the declaration of the hulband
1 Ihould
I C riA )’ . 111. m a r r i a g e .
Ihould be credited fot the' reafon abovehaentioned.— Some have ob1-
lerved that articles, the fupply of which is generally held incumbent
upon the hulband, fuch as fihifts, and robes, and veils, are not
to be counted in the dower, apparent circumftances arguing againft
this.
*5 7
S E C T I O N .
I f a Chriftian man marry a Chriftian woman without ftipulatin°-
any dower, or making it confift of carrion * , fuch as may be deemed
lawful by thofe of their profeflion, and have carnal connexion with her,
or divorce her before confummation, or die and leave her, the
woman is not entitled to any dower whatever, although both parties
ihould have embraced the faith within the interim.— And the law is
the lame where the parties arc aliens married on like terms in a foreign
country. The opinion of the two difciples concerning aliens is the
fame as that of Aboo Haneefa: but with refpedt to Chrifiians,, beina
Zimmees, (that is, fubjedts of the Muffulman government,) they hold
that the woman is entitled to her proper dower, where the hulband
cither confummates the marriage by committing the carnal' aft, or dies;
and that Ihe is entitled to a prefent when he divorces her before confummation.—
Ziffcr alleges that the alien woman is entitled to her
proper dower in either cafe, (that is, in the event either o f the hufband’s
death, or of divorce,) becaufe the law does not hold it allowable
to leek or defire marriage but in return for property, and this
lule equally aftedts Infidels and Mufifulmans, as marriage forms a part
Of the dower
of infidel fub*
jefts, and of
aliens, where
none has been
flipulated, or
where it con-
fiftso icarrion»
* Mcaing the flelh or carcafs of any animal which dies a natural death.__The
° f fowl or <luadl'uPed (ll0t bc‘ng Game) which has not
o f