Tuesday, August 4, 2009

Somali Marriage in Colonian Culture

SOMAL marriage laws are practically Muslim marriage laws, with a difference; it is this difference that makes them so interesting to study. A man may have four wives, with all the trouble he deserves in consequence thrown in. He may become engaged to a girl before she is born by making an arrangement with her " prospective parents. The engagement in any case is always arranged between the girl's parents or guardians, and is clinched by a small present from the man to them as a token of finality. This token, which may consist of a horse or even any small personal possession of the man's, once accepted makes the engagement binding for all time. If broken by either party something like a breach of promise case is the result. Any time before the marriage, property (generally in the shape of stock) is paid by the suitor to the parents as the purchase price of his bride. The value of this property varies among different tribes and for different women. If before marriage a girl dies, her relations must return the purchase price paid, which is called yarad. Should the man die his next of kin may marry the girl on making a small further payment. Should she refuse this alliance another must be found to take her place, or the yarad be returned to the deceased's estate.

If everything is arranged satisfactorily and the marriage be consummated, a substantial proportion (known as dibad) of the yarad is returned to the man by his wife's people. The marriage is generally celebrated by a Kathi or Sheikh, and at the ceremony the amount of dowry-or mehr, as it is called here-to be settled on the wife by her husband is recorded. The mehr may consist of anything-generally stock-and need not be paid at the time, but it is a very important matter for the woman that it be clearly defined. Should she be divorced her husband must hand to her the mehr agreed on at the marriage ceremony. Should he die she has first claim on his estate for her settlement, which is quite apart from any subsequent share of the estate she is entitled to as deceased's wife. However, should she refuse to marry her deceased husband's next of kin or a man of his tribe chosen by his people, she forfeits all rights to both her mehr and share of the estate. This is roughly the basis of Somal marriage laws.

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