The Mohammedan law of divorce, founded on some passages in the Koran, allows of a separation by mutual consent, giving the wife the right of retaining her marriage portion, un less she agrees to relinquish a part of it as the price of the separation. The parties are per mitted to separate and reunite twice, if they can so agree without any particular conditions; but after the third divorce the husband is not per mitted to receive his wife again until she shall have previously married another husband. The act of divorce is a judicial proceeding before the cadi, who does not decree it until three months after the application.
The Hindu and Chinese laws of divorce show little regard for women, and not only the causes recognized in European and American countries, but others, are deemed sufficient for a husband to discard his wife.
The different Grecian states had each their respective laws of divorce. At Sparta they do not seem to have greatly regarded the delicacy of the marriage bed when the interest of the re public was in question; but divorces appear to have been rare, since the ephori fined Lysan der for repudiating his wife. At Athens either the husband or wife might procure a divorce by exhibiting a bill for this purpose to the archon, and obtaining the verdict or consent of a jury to whom the question was referred. But the party applying must, it seems, have made application personally; and Alcibiades, accord ing to Plutarch, took advantage of his author ity as a husband to prevent his wife from mak ing the application personally; for when she was going from her brother's house, where she had taken refuge, to the archon's, to sue for a di vorce, he forcibly seized upon her and con fined her to his own house.
The early laws of Rome permitted the hus band to divorce his wife for poisoning his chil dren, counterfeiting his keys or adultery. But other causes were afterward added; for the first divorce recorded was for the sterility of the wife. This was by Sp. Carrilius Ruga, about 230 B.C. Divorces afterward became very frequent and a law was, on this account, made by Augustus, requiring additional ceremonies in a divorce; among other things, the presence of seven witnesses to the act of dissolution of the marriage. By the Theodosian code the hus band could divorce the wife for adultery; or if she was a witch or a murderess; had sold a free-born person into slavery; violated a sep ulchre; committed sacrilege; been accessory to theft or robbery; was given to feasting with strangers without the knowledge or against the wishes of the husband; lodged abroad without good reason; or frequented theatres and shows, her husband forbidding; or was aiding and abetting in plots against the state; or dealt falsely; or offered blows. The wife had equiv
alent rights in this respect, for she could pro cure a divorce on similar offenses against her husband. He could be remarried immediately; she not within a year.
The facility of divorce continued, without re striction, under the Roman emperors, but as the modern nations of Europe emerged from the ruins of the Roman empire, they adopted the usual interpretation of the doctrine of the New Testament (Matt. xix, 6), God hath joined together, let no man put asunder.° Divorce under the laws of the Roman Cath olic Church is never allowed where the marri age has been duly contracted, ratified and con summated. But a perfectly valid marriage con tracted between baptized persons can be an nulled by the Pope, before its consummation, never after consummation. It is held by can onists that a marriage lawfully and validly contracted hut not consummated is annulled by either of the parties taking solemn lifetime vows of continence and entering a religious or der. If of two unbaptized persons, married, one is converted to the faith and receives bap tism, he or she may be released from the mar riage bond if either party refuse to live peace ably and without insult to the Christian religion in the marriage state; and then the released party can marry again. Outside of such con ditions as have been stated Christians united in marriage cannot in the Roman Catholic Church be freed from the marriage bond, vinculum matrimony, save by the death of one or other of them. See FAMILY, LAW OF; HUSBAND AND WIFE, LAW OF; MARRIAGE, LAW OF.
Bibliography.— George, C. E., and Smith, 0. J., (Modernization of Marriage' (San Francisco 1913); Gore, C.,
Question of Divorce' (New York 1911); Osman, W. B.,