37 2 D I V O R C E .
Mourningnot
incumbent
upon infidel
women or
infants, - (but
it is incumbent
upon
flaves;)
nor upon Am-
Walidsj nor
upon widows
from invalid
marriage.
Propofir.g for
a wom m
during her
Edit is dif-
approved.
B ook IV.
conception apparent and evident, it is lawful to continue the ufe of
them, becaule things of which the occurrence is ftrongly apprehended
by her are confidered as actually exifting and eflablifhed; and in the
fame manner, {he may wear warm furred or velvet garments, where
there is a neceffity; but it is in no wife lawful for her to ufe Hinna,
becaule of the precept of the prophet before recited; nor to wear cloth
dyed with faffron, beeaufe that gives a perfume-
M ourning is not incumbent upon an infidel woman-, as {h e is
not bound to the obfervances required by the. law ; neither is it incumbent
upon infants or girls under age, for the fame reafon: but it is
incumbent upon female {laves, they being bound to the obfervances
of the law in all fuch points as do not affeift the right.of their .owner,
which is the cafe with mourning: it is to be oblerved, however, that
the mourning, with refpedt to female flaves, does not Include a prohibition
from going abroad, lince this would be an infringment upon the
proprietor's light, which precedes the right of G od, as. the individual
is neceffitous, whereas G od is not fo.
Mourning is not incumbent upon an Am Watid under Edit from
the deceafe of her proprietor ; nor upon a woman under Edit who has
been contradted in ari invalid marriage, beeaufe*, with refpeft to fuch
women, the bleffings of marriage cannot be faid to.perifli lb as to afford
a reafon for the manifeftation of grief; moreover, ornaments and
the ufe of perfumes, and fo forth, are in their original nature allowable
; and where no fpecial reafon appears for the prohibition of them,
they neceflarily continue to be lo.
I t is not decent in any perfonpublicly or exprefsly to folicit orfeek
connexion with a woman under Edit-, but it matters- not i f this be
done in an indiredt and ambiguous manner: yet they Ihould not pafs
any fecret promife of marriage to each other, this being forbidden in
the Koran.— The ambiguous mode of propofal abovementioned is deferibed
Chap. XII. D I V O R C E . 0/0
feribed by Ebn Ablas to be, that the man in the woman’s prefence
may declare his wilh to marry, in general terms, without any particu-
, lar application.
I t is not lawful for a woman under divorce to go abroad, either RulesfortSe
0 • i . j i n - . „ G 9 behaviour of
m the night or day, whether the divorce be reverlible or irreverlible, women
beeaufe the word of G od in th e Koran forbids them from appearing during EJ‘''
I abroad: but a widow is at liberty to go forth during the whole day,
and for a Ihort feafon of the night alfo; yet Ihe mull not pafs the
night any where but in her own apartmentsui T h e reafon of this indulgence
is that as a widow has- no provifibn from her hulband’s ■
! property, it. may be neqefiary that £he Ihould go forth to feek' for a '
iubfiftence, and it may fometimes happen that Ihe is detained abroad
a confiderable time, perhaps till after nightfal, whence the extenlion
of the liberty, to a part of the n igh t: but it is otherwile with a woman
under divorce, as Ihe is entitled [during Edit] to a fubfiftence from the
liulband. \ e t if a woman were to enter; into an engagement of
Kbrnla with her hulband, making the confideration for Kboola.to con-
ii%of her fubfiftence during her E d it, -fomefay that Ihe is at liberty
to go during the day, while,.others maintain that Ihe has no liberty of
g°‘‘ig forth; ! whatever, as the lofs of alimony during Edit is a confe- ’
quence of her-own voluntary aft, wherefore the prohibition, which
I a right qf the law, ftill continues, in force.
It is incumbent upon a woman under Edit that fhe obferve and
[ accpmplifh the fame in the place where fhe was refident at the period
- of divorce taking place, or of the hufband’s deceafe, whether that be
her own accuftomed dwelling, or a houfe where fhe may be upon a
vifit, (that of her parents, for inftance,) beeaufe this is fo ordered in
the Koran; and it allb appears in the traditionary precepts o f the prophet
that he faid to a woman whofe hufband was {lain “ Jiay in your
| houfe until your E d i t be accomplijhed