Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called
spouse
A spouse is a significant other in a marriage. In certain contexts, it can also apply to a civil union or common-law marriage. Although a spouse is a form of significant other, the latter term also includes non-marital partners who play a social ...
s. It establishes rights and obligations between them, as well as between them and their children, and between them and their
in-laws
''In-Laws'' is an American sitcom television series created by Mark Reisman, that aired on NBC from September 24, 2002 to January 14, 2003. The series starred Bonnie Somerville, Jean Smart, Elon Gold, and Dennis Farina.
Plot
The protagonist has ...
. It is considered a
cultural universal
A cultural universal (also called an anthropological universal or human universal) is an element, pattern, trait, or institution that is common to all known human cultures worldwide. Taken together, the whole body of cultural universals is known ...
, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an
institution
Institutions are humanly devised structures of rules and norms that shape and constrain individual behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions a ...
in which interpersonal relationships, usually
sexual
Sex is the biological distinction of an organism between male and female.
Sex or SEX may also refer to:
Biology and behaviour
*Animal sexual behaviour
**Copulation (zoology)
**Human sexual activity
**Non-penetrative sex, or sexual outercourse
** ...
wedding
A wedding is a ceremony where two people are united in marriage. Wedding traditions and customs vary greatly between cultures, ethnic groups, religions, countries, and social classes. Most wedding ceremonies involve an exchange of marriage vo ...
.
Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by
gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures u ...
arranged marriage
Arranged marriage is a type of marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures a professional matchmaker may be us ...
,
child marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child.
*
*
*
* The vast majority of child marriages are between a female child and a ma ...
,
polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
, and
forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
are practiced. In other areas, such practices are outlawed to preserve women's rights or children's rights (both female and male) or as a result of
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. In some parts of the world, marriage has historically restricted the rights of women, who are (or were) considered the property of the
husband
A husband is a male in a marital relationship, who may also be referred to as a spouse. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between societies and cultures, ...
. Around the world, primarily in developed democracies, there has been a general trend towards ensuring equal rights for women within marriage (including abolishing
coverture
Coverture (sometimes spelled couverture) was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. U ...
, liberalizing
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
laws, and reforming
reproductive
The reproductive system of an organism, also known as the genital system, is the biological system made up of all the anatomical organs involved in sexual reproduction. Many non-living substances such as fluids, hormones, and pheromones are als ...
and
sexual rights
Sexual and reproductive health and rights or ''SRHR'' is the concept of human rights applied to sexuality and reproduction. It is a combination of four fields that in some contexts are more or less distinct from each other, but less so or not at ...
) and legally recognizing the marriages of
interfaith
Interfaith dialogue refers to cooperative, constructive, and positive interaction between people of different religious traditions (i.e. "faiths") and/or spiritual or humanistic beliefs, at both the individual and institutional levels. It is ...
,
interracial
Interracial topics include:
* Interracial marriage, marriage between two people of different races
** Interracial marriage in the United States
*** 2009 Louisiana interracial marriage incident
* Interracial adoption, placing a child of one raci ...
inter-caste
Caste is a form of social stratification characterised by endogamy, hereditary transmission of a style of life which often includes an occupation, ritual status in a hierarchy, and customary social interaction and exclusion based on cultura ...
and same-sex couples. Controversies continue regarding the legal status of married women, leniency towards violence within marriage, customs such as
dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
and
bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
, forced marriage,
marriageable age
Marriageable age (or marriage age) is the general age, as a legal age or as the minimum age subject to parental, religious or other forms of social approval, at which a person is legitimately allowed for marriage. Age and other prerequisites to ...
, and criminalization of premarital and
extramarital sex
Extramarital sex occurs when a married person engages in sexual activity with someone other than their spouse.
The term may be applied to the situation of a single person having sex with a married person.
Where extramarital sexual relations do n ...
. Female age at marriage has proven to be a strong indicator for female
autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ...
and is continuously used by
economic history
Economic history is the academic learning of economies or economic events of the past. Research is conducted using a combination of historical methods, statistical methods and the application of economic theory to historical situations and ins ...
research.
Marriage can be recognized by a
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
, an
organization
An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose.
The word is derived from ...
, a religious authority, a
tribal group
The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide usage of the term in English is in the discipline of anthropology. This definition is contested, in part due to conflic ...
, a local
community
A community is a social unit (a group of living things) with commonality such as place, norms, religion, values, customs, or identity. Communities may share a sense of place situated in a given geographical area (e.g. a country, village, tow ...
, or peers. It is often viewed as a
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
. A religious marriage is performed by a religious institution to recognize and create the rights and obligations intrinsic to matrimony in that religion. Religious marriage is known variously as sacramental marriage in
Catholicism
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
,
nikah
In Islam, nikah is a contract between two people. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islami ...
in
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
,
nissuin
A Jewish wedding is a wedding ceremony that follows Jewish laws and traditions. While wedding ceremonies vary, common features of a Jewish wedding include a ''ketubah'' (marriage contract) which is signed by two witnesses, a ''chuppah'' or ''hup ...
in
Judaism
Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the ...
, and various other names in other faith traditions, each with their own constraints as to what constitutes, and who can enter into, a valid religious marriage.
Etymology
The word "marriage" derives from
Middle English
Middle English (abbreviated to ME) is a form of the English language that was spoken after the Norman conquest of 1066, until the late 15th century. The English language underwent distinct variations and developments following the Old English p ...
''mariage'', which first appears in 1250–1300 CE. This, in turn, is derived from
Old French
Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intelligib ...
, ''marier'' (to marry), and ultimately
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
, ''marītāre'', meaning to provide with a husband or wife and ''marītāri'' meaning to get married. The adjective ''marīt-us -a, -um'' meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife".Oxford English Dictionary 11th Edition, "marriage" The related word "matrimony" derives from the Old French word ''matremoine'', which appears around 1300 CE and ultimately derives from Latin ''mātrimōnium'', which combines the two concepts: ''mater'' meaning "
mother
]
A mother is the female parent of a child. A woman may be considered a mother by virtue of having given childbirth, birth, by raising a child who may or may not be her biological offspring, or by supplying her ovum for fertilisation in the cas ...
" and the suffix -''monium'' signifying "action, state, or condition".
Definitions
Anthropologist
An anthropologist is a person engaged in the practice of anthropology. Anthropology is the study of aspects of humans within past and present societies. Social anthropology, cultural anthropology and philosophical anthropology study the norms and ...
s have proposed several competing definitions of marriage in an attempt to encompass the wide variety of marital practices observed across cultures. Even within
Western culture
Leonardo da Vinci's ''Vitruvian Man''. Based on the correlations of ideal Body proportions">human proportions with geometry described by the ancient Roman architect Vitruvius in Book III of his treatise ''De architectura''.
image:Plato Pio-Cle ...
, "definitions of marriage have careened from one extreme to another and everywhere in between" (as Evan Gerstmann has put it).
Relation recognized by custom or law
In ''
The History of Human Marriage
''The History of Human Marriage'' is an 1891 book by the Finnish philosopher and anthropologist Edvard Westermarck that provides an overview of marriage over time. Blankenhorn 2007. pp. 9-10.
The Finnish philosopher Jaakko Hintikka calls the work ...
'' (1891),
Edvard Westermarck
Edvard Alexander Westermarck (Helsinki, 20 November 1862 – Tenala, 3 September 1939) was a Finnish philosopher and sociologist. Among other subjects, he studied exogamy and the incest taboo.
Biography
Westermarck was born in 1862 in a ...
defined marriage as "a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of the offspring." In ''The Future of Marriage in Western Civilization'' (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognized by custom or law".
Legitimacy of offspring
The anthropological handbook ''Notes and Queries'' (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners." In recognition of a practice by the
Nuer people
The Nuer people are a Nilotic ethnic group concentrated in the Greater Upper Nile region of South Sudan. They also live in the Ethiopian region of Gambella. The Nuer speak the Nuer language, which belongs to the Nilotic language family. They ...
of Sudan allowing women to act as a husband in certain circumstances (the ghost marriage),
Kathleen Gough
Eleanor Kathleen Gough Aberle (16 August 1925 – 8 September 1990) was a British anthropologist and feminist who was known for her work in South Asia and South-East Asia. As a part of her doctorate work, she did field research in Malabar d ...
suggested modifying this to "a woman and one or more other persons." Nuer female-female marriage is done to keep property within a family that has no sons. It is not a form of lesbianism.
In an analysis of marriage among the Nayar, a polyandrous society in India, Gough found that the group lacked a husband role in the conventional sense. The husband role, unitary in the west, was instead divided between a non-resident "social father" of the woman's children, and her lovers, who were the actual procreators. None of these men had legal rights to the woman's child. This forced Gough to disregard sexual access as a key element of marriage and to define it in terms of legitimacy of offspring alone: marriage is "a relationship established between a woman and one or more other persons, which provides a child born to the woman under circumstances not prohibited by the rules of relationship, is accorded full birth-status rights common to normal members of his society or social stratum."
Economic anthropologist
Duran Bell
Duran Bell, Jr. (born April 21, 1936) is Professor Emeritus of Economics at the University of California, Irvine. He was formerly a professor there in two departments, Economics and Anthropology.
Education and early career
Bell received his B.A. ...
has criticized the legitimacy-based definition on the basis that some societies do not require marriage for legitimacy. He argued that a legitimacy-based definition of marriage is circular in societies where illegitimacy has no other legal or social implications for a child other than the mother being unmarried.
Collection of rights
Edmund Leach
Sir Edmund Ronald Leach FRAI FBA (7 November 1910 – 6 January 1989) was a British social anthropologist and academic. He served as provost of King's College, Cambridge from 1966 to 1979. He was also president of the Royal Anthropologi ...
criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that marriage be viewed in terms of the different types of rights it serves to establish. In a 1955 article in ''
Man
A man is an adult male human. Prior to adulthood, a male human is referred to as a boy (a male child or adolescent). Like most other male mammals, a man's genome usually inherits an X chromosome from the mother and a Y chromos ...
'', Leach argued that no one definition of marriage applied to all cultures. He offered a list of ten rights associated with marriage, including sexual monopoly and rights with respect to children, with specific rights differing across cultures. Those rights, according to Leach, included:
# "To establish a legal father of a woman's children.
# To establish a legal mother of a man's children.
# To give the husband a monopoly in the wife's sexuality.
# To give the wife a monopoly in the husband's sexuality.
# To give the husband partial or monopolistic rights to the wife's domestic and other labor services.
# To give the wife partial or monopolistic rights to the husband's domestic and other labor services.
# To give the husband partial or total control over property belonging or potentially accruing to the wife.
# To give the wife partial or total control over property belonging or potentially accruing to the husband.
# To establish a joint fund of property – a partnership – for the benefit of the children of the marriage.
# To establish a socially significant 'relationship of affinity' between the husband and his wife's brothers."
Right of sexual access
In a 1997 article in ''
Current Anthropology
''Current Anthropology'' is a peer-reviewed anthropology academic journal published by the University of Chicago Press for the Wenner-Gren Foundation for Anthropological Research. Founded in 1959 by the anthropologist Sol Tax1907-1995. ''Current A ...
'',
Duran Bell
Duran Bell, Jr. (born April 21, 1936) is Professor Emeritus of Economics at the University of California, Irvine. He was formerly a professor there in two departments, Economics and Anthropology.
Education and early career
Bell received his B.A. ...
describes marriage as "a relationship between one or more men (male or female) in severalty to one or more women that provides those men with a demand-right of sexual access within a domestic group and identifies women who bear the obligation of yielding to the demands of those specific men." In referring to "men in severalty", Bell is referring to corporate kin groups such as lineages which, in having paid bride price, retain a right in a woman's offspring even if her husband (a lineage member) deceases (
Levirate marriage
Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage out ...
). In referring to "men (male or female)", Bell is referring to women within the lineage who may stand in as the "social fathers" of the wife's children born of other lovers. (See Nuer " ghost marriage".)
Types
Monogamy
Monogamy is a form of marriage in which an individual has only one spouse during their lifetime or at any one time (serial monogamy).
Anthropologist
Jack Goody
Sir John Rankine Goody (1919–2015) was an English social anthropologist. He was a prominent lecturer at Cambridge University, and was William Wyse Professor of Social Anthropology from 1973 to 1984.
Among his main publications were ''Death, ...
's comparative study of marriage around the world utilizing the
Ethnographic Atlas
The Standard Cross-Cultural Sample (SCCS) is a sample of 186 cultures used by scholars engaged in cross-cultural studies.
Origin
Cross-cultural research entails a particular statistical problem, known as Galton's problem: tests of functional relat ...
found a strong correlation between intensive plough agriculture, dowry and monogamy. This pattern was found in a broad swath of Eurasian societies from Japan to Ireland. The majority of Sub-Saharan African societies that practice extensive hoe agriculture, in contrast, show a correlation between "
bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
" and polygamy. A further study drawing on the Ethnographic Atlas showed a statistical correlation between increasing size of the society, the belief in "high gods" to support human morality, and monogamy.
In the countries which do not permit polygamy, a person who marries in one of those countries a person while still being lawfully married to another commits the crime of
bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
. In all cases, the second marriage is considered legally null and void. Besides the second and subsequent marriages being void, the bigamist is also liable to other penalties, which also vary between jurisdictions.
Serial monogamy
Governments that support monogamy may allow easy divorce. In a number of Western countries, divorce rates approach 50%. Those who remarry do so usually no more than three times. Divorce and remarriage can thus result in "serial monogamy", i.e. having multiple marriages but only one legal spouse at a time. This can be interpreted as a form of plural mating, as are those societies dominated by female-headed families in the
Caribbean
The Caribbean (, ) ( es, El Caribe; french: la Caraïbe; ht, Karayib; nl, De Caraïben) is a region of the Americas that consists of the Caribbean Sea, its islands (some surrounded by the Caribbean Sea and some bordering both the Caribbean Se ...
,
Mauritius
Mauritius ( ; french: Maurice, link=no ; mfe, label=Mauritian Creole, Moris ), officially the Republic of Mauritius, is an island nation in the Indian Ocean about off the southeast coast of the African continent, east of Madagascar. It incl ...
and
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
where there is frequent rotation of unmarried partners. In all, these account for 16 to 24% of the "monogamous" category.
Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, may remain an active part of her "ex-husband's" or "ex-wife's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in the British case, serial monogamy creates an "extended family" – a number of households tied together in this way, including mobile children (possible exes may include an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous
nuclear family
A nuclear family, elementary family, cereal-packet family or conjugal family is a family group consisting of parents and their children (one or more), typically living in one home residence. It is in contrast to a single-parent family, the larger ...
. As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by a male to whom they are married or divorced.
Polygamy
Polygamy is a marriage which includes more than two spouses. When a man is married to more than one wife at a time, the relationship is called
polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any o ...
, and there is no marriage bond between the wives; and when a woman is married to more than one husband at a time, it is called
polyandry
Polyandry (; ) is a form of polygamy in which a woman takes two or more husbands at the same time. Polyandry is contrasted with polygyny, involving one male and two or more females. If a marriage involves a plural number of "husbands and wives" ...
, and there is no marriage bond between the husbands. If a marriage includes multiple husbands or wives, it can be called
group marriage
Group marriage or conjoint marriage is a marital arrangement where three or more adults enter into sexual, affective, romantic, or otherwise intimate short- or long-term partnerships, and share in any combination of finances, residences, care ...
.
A molecular genetic study of global human genetic diversity argued that sexual polygyny was typical of human reproductive patterns until the shift to sedentary farming communities approximately 10,000 to 5,000 years ago in Europe and Asia, and more recently in Africa and the Americas. As noted above, Anthropologist
Jack Goody
Sir John Rankine Goody (1919–2015) was an English social anthropologist. He was a prominent lecturer at Cambridge University, and was William Wyse Professor of Social Anthropology from 1973 to 1984.
Among his main publications were ''Death, ...
's comparative study of marriage around the world utilizing the
Ethnographic Atlas
The Standard Cross-Cultural Sample (SCCS) is a sample of 186 cultures used by scholars engaged in cross-cultural studies.
Origin
Cross-cultural research entails a particular statistical problem, known as Galton's problem: tests of functional relat ...
found that the majority of Sub-Saharan African societies that practice extensive hoe agriculture show a correlation between "
Bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
" and polygamy. A survey of other cross-cultural samples has confirmed that the absence of the plough was the only predictor of polygamy, although other factors such as high male mortality in warfare (in non-state societies) and pathogen stress (in state societies) had some impact.
Marriages are classified according to the number of legal spouses an individual has. The suffix "-gamy" refers specifically to the number of spouses, as in bi-gamy (two spouses, generally illegal in most nations), and poly-gamy (more than one spouse).
Societies show variable acceptance of polygamy as a cultural ideal and practice. According to the
Ethnographic Atlas
The Standard Cross-Cultural Sample (SCCS) is a sample of 186 cultures used by scholars engaged in cross-cultural studies.
Origin
Cross-cultural research entails a particular statistical problem, known as Galton's problem: tests of functional relat ...
, of 1,231 societies noted, 186 were monogamous; 453 had occasional polygyny; 588 had more frequent polygyny, and 4 had polyandry.''Ethnographic Atlas Codebook'' derived from George P. Murdock's ''Ethnographic Atlas'' recording the marital composition of 1231 societies from 1960 to 1980 However, as Miriam Zeitzen writes, social tolerance for polygamy is different from the practice of polygamy, since it requires wealth to establish multiple households for multiple wives. The actual practice of polygamy in a tolerant society may actually be low, with the majority of aspirant polygamists practicing monogamous marriage. Tracking the occurrence of polygamy is further complicated in jurisdictions where it has been banned, but continues to be practiced (''de facto polygamy'').
Zeitzen also notes that Western perceptions of African society and marriage patterns are biased by "contradictory concerns of nostalgia for traditional African culture versus critique of polygamy as oppressive to women or detrimental to development." Polygamy has been condemned as being a form of human rights abuse, with concerns arising over domestic abuse, forced marriage, and neglect. The vast majority of the world's countries, including virtually all of the world's developed nations, do not permit polygamy. There have been calls for the abolition of polygamy in developing countries.
Polygyny
Polygyny usually grants wives equal status, although the husband may have personal preferences. One type of de facto polygyny is
concubinage
Concubinage is an interpersonal and sexual relationship between a man and a woman in which the couple does not want, or cannot enter into a full marriage. Concubinage and marriage are often regarded as similar but mutually exclusive.
Concubin ...
, where only one woman gets a wife's rights and status, while other women remain legal house mistresses.
Although a society may be classified as polygynous, not all marriages in it necessarily are; monogamous marriages may in fact predominate. It is to this flexibility that Anthropologist
Robin Fox
Robin Fox (born 1934) is an Anglo-American anthropologist who has written on the topics of incest avoidance, marriage systems, human and primate kinship systems, evolutionary anthropology, sociology and the history of ideas in the social scien ...
attributes its success as a social support system: "This has often meant – given the imbalance in the sex ratios, the higher male infant mortality, the shorter life span of males, the loss of males in wartime, etc. – that often women were left without financial support from husbands. To correct this condition, females had to be killed at birth, remain single, become prostitutes, or be siphoned off into celibate religious orders. Polygynous systems have the advantage that they can promise, as did the Mormons, a home and family for every woman."
Nonetheless, polygyny is a gender issue which offers men asymmetrical benefits. In some cases, there is a large age discrepancy (as much as a generation) between a man and his youngest wife, compounding the power differential between the two. Tensions not only exist ''between'' genders, but also ''within'' genders; senior and junior men compete for wives, and senior and junior wives in the same household may experience radically different life conditions, and internal hierarchy. Several studies have suggested that the wive's relationship with other women, including co-wives and husband's female kin, are more critical relationships than that with her husband for her productive, reproductive and personal achievement. In some societies, the co-wives are relatives, usually sisters, a practice called ''sororal polygyny''; the pre-existing relationship between the co-wives is thought to decrease potential tensions within the marriage.
Fox argues that "the major difference between polygyny and monogamy could be stated thus: while plural mating occurs in both systems, under polygyny several unions may be recognized as being legal marriages while under monogamy only one of the unions is so recognized. Often, however, it is difficult to draw a hard and fast line between the two."
As polygamy in Africa is increasingly subject to legal limitations, a variant form of ''de facto'' (as opposed to legal or ''de jure'') polygyny is being practiced in urban centers. Although it does not involve multiple (now illegal) formal marriages, the domestic and personal arrangements follow old polygynous patterns. The de facto form of polygyny is found in other parts of the world as well (including some Mormon sects and Muslim families in the United States).
In some societies such as the Lovedu of South Africa, or the
Nuer Nuer may refer to:
* Nuer people
* Nuer language
The Nuer language (Thok Naath) ("people's language") is a Nilotic language of the Western Nilotic group. It is spoken by the Nuer people of South Sudan and in western Ethiopia (region of Gamb ...
of the Sudan, aristocratic women may become female 'husbands.' In the Lovedu case, this female husband may take a number of polygamous wives. This is not a lesbian relationship, but a means of legitimately expanding a royal lineage by attaching these wives' children to it. The relationships are considered polygynous, not polyandrous, because the female husband is in fact assuming masculine gendered political roles.
Religious groups have differing views on the legitimacy of
polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any o ...
. It is allowed in
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
and
Confucianism
Confucianism, also known as Ruism or Ru classicism, is a system of thought and behavior originating in ancient China. Variously described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or ...
.
Judaism
Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the ...
and
Christianity
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global pop ...
have mentioned practices involving polygyny in the past, however, outright religious acceptance of such practices was not addressed until its rejection in later passages. They do explicitly prohibit polygyny today.
Polyandry
Polyandry
Polyandry (; ) is a form of polygamy in which a woman takes two or more husbands at the same time. Polyandry is contrasted with polygyny, involving one male and two or more females. If a marriage involves a plural number of "husbands and wives" ...
is notably more rare than polygyny, though less rare than the figure commonly cited in the ''Ethnographic Atlas'' (1980) which listed only those polyandrous societies found in the Himalayan Mountains. More recent studies have found 53 societies outside the 28 found in the Himalayans which practice polyandry. It is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with ''partible paternity'', the cultural belief that a child can have more than one father.
The explanation for polyandry in the Himalayan Mountains is related to the scarcity of land; the marriage of all brothers in a family to the same wife (''fraternal polyandry'') allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this was prevented through the social practice of impartible inheritance (the dis-inheriting of most siblings, some of whom went on to become celibate monks and priests).
Plural marriage
Group marriage
Group marriage or conjoint marriage is a marital arrangement where three or more adults enter into sexual, affective, romantic, or otherwise intimate short- or long-term partnerships, and share in any combination of finances, residences, care ...
(also known as ''multi-lateral marriage'') is a form of
polyamory
Polyamory () is the practice of, or desire for, romantic relationships with more than one partner at the same time, with the informed consent of all partners involved. People who identify as polyamorous may believe in open relationships wit ...
in which more than two persons form a
family
Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...
unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share
parent
A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child (where "child" refers to offspring, not necessarily age). A ''biological parent'' is a person whose gamete resulted in a child, a male t ...
al responsibility for any children arising from the marriage.Murdock, 1949, p. 24. "''group marriage'' or a marital union embracing at once several men and several women." No country legally condones group marriages, neither under the law nor as a common law marriage, but historically it has been practiced by some cultures of Polynesia, Asia, Papua New Guinea and the Americas – as well as in some
intentional communities
An intentional community is a voluntary residential community which is designed to have a high degree of social cohesion and teamwork from the start. The members of an intentional community typically hold a common social, political, religious, ...
and alternative subcultures such as the Oneida Perfectionists in up-state New York. Of the 250 societies reported by the American anthropologist
George Murdock
George Peter ("Pete") Murdock (May 11, 1897 – March 29, 1985), also known as G. P. Murdock, was an American anthropologist who was professor at Yale University and University of Pittsburgh. He is remembered for his empirical approach to ethn ...
in 1949, only the
Kaingang
The Kaingang (also spelled ''caingangue'' in Portuguese or ''kanhgág'' in the Kaingang language) people are an Indigenous Brazilian ethnic group spread out over the three southern Brazilian states of Paraná, Santa Catarina and Rio Grande ...
of Brazil had any group marriages at all.
Child marriage
A child marriage is a marriage where one or both spouses are under the age of 18.Child Marriage UNICEF (2011) It is related to child
betrothal
An engagement or betrothal is the period of time between the declaration of acceptance of a marriage proposal and the marriage itself (which is typically but not always commenced with a wedding). During this period, a couple is said to be ''fi ...
and
teenage pregnancy
Teenage pregnancy, also known as adolescent pregnancy, is pregnancy in a female adolescent or young adult under the age of 20. This includes those who are legally considered adults in their country. The WHO defines adolescence as the period bet ...
.
Child marriage was common throughout history, even up until the 1900s in the United States, where in 1880 CE, in the state of
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
, the age of consent for marriage was 7 years old. Still, in 2017, over half of the 50 United States have no explicit minimum age to marry and several states set the age as low as 14. Today it is condemned by international human rights organizations. Child marriages are often arranged between the families of the future bride and groom, sometimes as soon as the girl is born. However, in the late 1800s in England and the United States,
feminist
Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
activists began calling for raised age of consent laws, which was eventually handled in the 1920s, having been raised to 16–18.
Child marriages can also occur in the context of
bride kidnapping
Bride kidnapping, also known as marriage by abduction or marriage by capture, is a practice in which a man abducts the woman he wishes to marry.
Bride kidnapping (hence the portmanteau bridenapping) has been practiced around the world and ...
.
In the year 1552 CE, John Somerford and Jane Somerford Brereton were both married at the ages of 3 and 2, respectively. Twelve years later, in 1564, John filed for divorce.
While child marriage is observed for both boys and girls, the overwhelming majority of child spouses are girls. In many cases, only one marriage-partner is a child, usually the female, due to the importance placed upon female
virginity
Virginity is the state of a person who has never engaged in sexual intercourse. The term ''virgin'' originally only referred to sexually inexperienced women, but has evolved to encompass a range of definitions, as found in traditional, modern ...
. Causes of child marriage include
poverty
Poverty is the state of having few material possessions or little income. Poverty can have diverse social, economic, and political causes and effects. When evaluating poverty in ...
,
bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
,
dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
, laws that allow child marriages,
religious
Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ...
and social pressures, regional customs, fear of remaining unmarried, and perceived inability of women to work for money.
Today, child marriages are widespread in parts of the world; being most common in
South Asia
South Asia is the southern subregion of Asia, which is defined in both geographical and ethno-cultural terms. The region consists of the countries of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.;;;;;;;; ...
and
sub-Saharan Africa
Sub-Saharan Africa is, geographically, the area and regions of the continent of Africa that lies south of the Sahara. These include West Africa, East Africa, Central Africa, and Southern Africa. Geopolitically, in addition to the List of sov ...
, with more than half of the girls in some countries in those regions being married before 18. The incidence of child marriage has been falling in most parts of the world. In developed countries, child marriage is outlawed or restricted.
Girls who marry before 18 are at greater risk of becoming victims of
domestic violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
, than those who marry later, especially when they are married to a much older man.
Same-sex and third-gender marriages
Several kinds of same-sex marriages have been documented in Indigenous and lineage-based cultures. In the Americas,
We'wha
We'wha (1849–1896, various spellings) was a Zuni Native American from New Mexico, a notable fiber artist, weaver and potter. As the most famous ''lhamana'' on record, We'wha served as a cultural ambassador for Native Americans in general, an ...
lhamana
''Lhamana'', in traditional Zuni culture, are biologically male people who take on the social and ceremonial roles usually performed by women in their culture, at least some of the time. Page 269 They wear a mixture of women's and men's clothing ...
'' (male individuals who, at least some of the time, dress and live in the roles usually filled by women in that culture); a respected artist, We'wha served as an emissary of the Zuni to Washington, where he met President
Grover Cleveland
Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...
.Matilda Coxe Stevenson, The Zuni Indians: Their Mythology, Esoteric Fraternities, and Ceremonies, (BiblioBazaar, 2010) p. 37 Quote: "the most intelligent person in the pueblo. Strong character made his word law among both men and women with whom he associated. Though his wrath was dreaded by men as well as women, he was loved by all children, to whom he was ever kind." We'wha had at least one husband who was generally recognized as such.
While it is a relatively new practice to grant same-sex couples the same form of legal marital recognition as commonly granted to mixed-sex couples, there is some history of recorded same-sex unions around the world.
Ancient Greek
Ancient Greek includes the forms of the Greek language used in ancient Greece and the ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following periods: Mycenaean Greek (), Dark Ages (), the Archaic peri ...
same-sex relationship
A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries w ...
s were like modern companionate marriages, unlike their different-sex marriages in which the spouses had few emotional ties, and the husband had freedom to engage in outside sexual liaisons. The
Codex Theodosianus
The ''Codex Theodosianus'' (Eng. Theodosian Code) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 a ...
(''C. Th.'' 9.7.3) issued in 438 CE imposed severe penalties or death on same-sex relationships, but the exact intent of the law and its relation to social practice is unclear, as only a few examples of same-sex relationships in that culture exist. Same-sex unions were celebrated in some regions of China, such as
Fujian
Fujian (; alternately romanized as Fukien or Hokkien) is a province on the southeastern coast of China. Fujian is bordered by Zhejiang to the north, Jiangxi to the west, Guangdong to the south, and the Taiwan Strait to the east. Its capi ...
. Possibly the earliest documented same-sex wedding in
Latin Christendom
, native_name_lang = la
, image = San Giovanni in Laterano - Rome.jpg
, imagewidth = 250px
, alt = Façade of the Archbasilica of St. John in Lateran
, caption = Archbasilica of Saint Joh ...
occurred in
Rome, Italy
, established_title = Founded
, established_date = 753 BC
, founder = King Romulus (Romulus and Remus, legendary)
, image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg
...
, at the
San Giovanni a Porta Latina
San Giovanni a Porta Latina (Italian: "Saint John Before the Latin Gate") is a Basilica church in Rome, Italy, near the Porta Latina (on the Via Latina) of the Aurelian Wall.
History
According to Tertullian, as quoted by Saint Jerome, in the y ...
basilica in 1581.
Temporary marriages
Several cultures have practised temporary and conditional marriages. Examples include the
Celtic
Celtic, Celtics or Keltic may refer to:
Language and ethnicity
*pertaining to Celts, a collection of Indo-European peoples in Europe and Anatolia
**Celts (modern)
*Celtic languages
**Proto-Celtic language
* Celtic music
*Celtic nations
Sports Fo ...
practice of
handfasting
Handfasting is a traditional practice that, depending on the term's usage, may define an unofficiated wedding (in which a couple marries without an officiant, usually with the intent of later undergoing a second wedding with an officiant), a ...
and fixed-term marriages in the Muslim community. Pre-Islamic Arabs practiced a form of temporary marriage that carries on today in the practice of
Nikah mut‘ah
''Nikah mut'ah'' ar, نكاح المتعة, nikāḥ al-mutʿah, literally "pleasure marriage"; temporary marriage or Sigheh ( fa, صیغه ، ازدواج موقت) is a private and verbal temporary marriage contract that is practiced in Tw ...
, a fixed-term marriage contract. The Islamic prophet
Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...
sanctioned a temporary marriage –
sigheh
''Nikah mut'ah'' ar, نكاح المتعة, nikāḥ al-mutʿah, literally "pleasure marriage"; temporary marriage or Sigheh ( fa, صیغه ، ازدواج موقت) is a private and verbal temporary marriage contract that is practiced in Tw ...
in
Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
and muta'a in
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
– which can provide a legitimizing cover for sex workers. The same forms of temporary marriage have been used in Egypt, Lebanon and Iran to make the donation of a human ova legal for
in vitro fertilisation
In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) ...
; a woman cannot, however, use this kind of marriage to obtain a sperm donation. Muslim controversies related to Nikah Mut'ah have resulted in the practice being confined mostly to
Shi'ite
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most n ...
communities. The matrilineal
Mosuo
The Mosuo (; also spelled Moso, Mosso or Musuo), often called the Naxi among themselves, are a small ethnic group living in China's Yunnan and Sichuan provinces, close to the border with Tibet. Consisting of a population of approximately 40,000, ...
of China practice what they call "walking marriage".
Cohabitation
In some jurisdictions
cohabitation
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increas ...
, in certain circumstances, may constitute a
common-law marriage
Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
, an unregistered partnership, or otherwise provide the unmarried partners with various rights and responsibilities; and in some countries, the laws recognize cohabitation in lieu of institutional marriage for taxation and social security benefits. This is the case, for example, in Australia. Cohabitation may be an option pursued as a form of resistance to traditional institutionalized marriage. However, in this context, some nations reserve the right to define the relationship as marital, or otherwise to regulate the relation, even if the relation has not been registered with the state or a religious institution.
Conversely, institutionalized marriages may not involve cohabitation. In some cases, couples living together do not wish to be recognized as married. This may occur because pension or alimony rights are adversely affected; because of taxation considerations; because of immigration issues, or for other reasons. Such marriages have also been increasingly common in
Beijing
}
Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 ...
. Guo Jianmei, director of the center for women's studies at Beijing University, told a
Newsday
''Newsday'' is an American daily newspaper that primarily serves Nassau and Suffolk counties on Long Island, although it is also sold throughout the New York metropolitan area. The slogan of the newspaper is "Newsday, Your Eye on LI", and f ...
correspondent, "Walking marriages reflect sweeping changes in Chinese society." A "walking marriage" refers to a type of temporary marriage formed by the
Mosuo
The Mosuo (; also spelled Moso, Mosso or Musuo), often called the Naxi among themselves, are a small ethnic group living in China's Yunnan and Sichuan provinces, close to the border with Tibet. Consisting of a population of approximately 40,000, ...
of China, in which male partners live elsewhere and make nightly visits. A similar arrangement in
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
, called
misyar marriage
A ''misyar marriage'' ( ar, زواج المسيار, nikah al-misyar or more often ''zawaj al-misyar'' "traveller's marriage") is a type of marriage contract allowed by some Sunni Muslims. The husband and wife thus joined are able to renounce s ...
, also involves the husband and wife living separately but meeting regularly.
Partner selection
There is wide cross-cultural variation in the social rules governing the selection of a partner for marriage. There is variation in the degree to which partner selection is an individual decision by the partners or a collective decision by the partners' kin groups, and there is variation in the rules regulating which partners are valid choices.
The United Nations World Fertility Report of 2003 reports that 89% of all people get married before age forty-nine. The percent of women and men who marry before age forty-nine drops to nearly 50% in some nations and reaches near 100% in other nations.
In other cultures with less strict rules governing the groups from which a partner can be chosen the selection of a marriage partner may involve either the couple going through a selection process of
courtship
Courtship is the period wherein some couples get to know each other prior to a possible marriage. Courtship traditionally may begin after a betrothal and may conclude with the celebration of marriage. A courtship may be an informal and private m ...
or the marriage may be
arranged
In music, an arrangement is a musical adaptation of an existing composition. Differences from the original composition may include reharmonization, melodic paraphrasing, orchestration, or formal development. Arranging differs from orchestra ...
by the couple's parents or an outside party, a matchmaker.
Age difference
Some people want to marry a person that is older or younger than them. This may impact marital stability and partners with more than a 10-year gap in age tend to experience social disapproval In addition, older women (older than 35) have increased health risks when getting pregnant (which may only be an issue if the couple indeed intends on having children).
Social status and wealth
Some people want to marry a person with higher or lower status than them. Others want to marry people who have similar status. In many societies, women marry men who are of higher social status. There are marriages where each party has sought a partner of similar status. There are other marriages in which the man is older than the woman.
Some persons also wish to engage in transactional relationship for money rather than love (thus a type of marriage of convenience). Such people are sometimes referred to as
gold digger
Gold digger is a term for a person, typically a woman, who engages in a type of transactional relationship for money rather than love. If it turns into marriage, it is a type of marriage of convenience.
Etymology and usage
The term "gold ...
s. Separate property systems can however be used to prevent property of being passed on to partners after divorce or death.
Higher income men are more likely to marry and less likely to divorce. High income women are more likely to divorce.
The incest taboo, exogamy and endogamy
Societies have often placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. Marriages between parents and children, or between full siblings, with few exceptions, have been considered
incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
and forbidden. However, marriages between more distant relatives have been much more common, with one estimate being that 80% of all marriages in history have been between second cousins or closer. This proportion has fallen dramatically, but still, more than 10% of all marriages are believed to be between people who are second cousins or more closely related. In the United States, such marriages are now highly stigmatized, and laws ban most or all first-cousin marriage in 30 states. Specifics vary: in South Korea, historically it was illegal to marry someone with the same last name and same ancestral line.
An
Avunculate marriage
An avunculate marriage is a marriage with a parent's sibling or with one's sibling's child—i.e., between an uncle or aunt and their niece or nephew. Such a marriage may occur between biological (consanguine) relatives or between persons related ...
is a marriage that occurs between an uncle and his niece or between an aunt and her nephew. Such marriages are illegal in most countries due to incest restrictions. However, a small number of countries have legalized it, including Argentina, Australia, Austria,
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
, and
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
.
In various societies, the choice of partner is often limited to suitable persons from specific social groups. In some societies the rule is that a partner is selected from an individual's own social group –
endogamy
Endogamy is the practice of marrying within a specific social group, religious denomination, caste, or ethnic group, rejecting those from others as unsuitable for marriage or other close personal relationships.
Endogamy is common in many cultu ...
, this is often the case in class- and caste-based societies. But in other societies a partner must be chosen from a different group than one's own –
exogamy
Exogamy is the social norm of marrying outside one's social group. The group defines the scope and extent of exogamy, and the rules and enforcement mechanisms that ensure its continuity. One form of exogamy is dual exogamy, in which two groups c ...
, this may be the case in societies practicing
totem
A totem (from oj, ᑑᑌᒼ, italics=no or ''doodem'') is a spirit being, sacred object, or symbol that serves as an emblem of a group of people, such as a family, clan, lineage, or tribe, such as in the Anishinaabe clan system.
While ''the wo ...
ic religion where society is divided into several exogamous totemic clans, such as most
Aboriginal Australian
Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands ...
societies. In other societies a person is expected to marry their
cross-cousin
In discussing consanguineal kinship in anthropology, a parallel cousin or ortho-cousin is a cousin from a parent's same-sex sibling, while a cross-cousin is from a parent's opposite-sex sibling. Thus, a parallel cousin is the child of the father's ...
, a woman must marry her father's sister's son and a man must marry his mother's brother's daughter – this is often the case if either a society has a rule of tracing kinship exclusively through patrilineal or matrilineal descent groups as among the
Akan people
The Akan () people live primarily in present-day Ghana and Ivory Coast in West Africa. The Akan language (also known as ''Twi/Fante'') are a group of dialects within the Central Tano branch of the Potou–Tano subfamily of the Niger–Congo ...
of West Africa. Another kind of marriage selection is the
levirate marriage
Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage out ...
in which widows are obligated to marry their husband's brother, mostly found in societies where kinship is based on endogamous clan groups.
Religion has commonly weighed in on the matter of which relatives, if any, are allowed to marry. Relations may be by
consanguinity
Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor).
Many jurisdictions have laws prohibiting people who are related by blood fr ...
or
affinity
Affinity may refer to:
Commerce, finance and law
* Affinity (law), kinship by marriage
* Affinity analysis, a market research and business management technique
* Affinity Credit Union, a Saskatchewan-based credit union
* Affinity Equity Partn ...
, meaning by blood or by marriage. On the marriage of cousins,
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
policy has evolved from initial acceptance, through a long period of general prohibition, to the contemporary requirement for a dispensation.
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
has always allowed it, while
Hindu texts
Hindu texts are manuscripts and voluminous historical literature which are related to any of the diverse traditions within Hinduism. A few of these texts are shared across these traditions and they are broadly considered Hindu scriptures. These ...
vary widely.
Prescriptive marriage
In a wide array of lineage-based societies with a classificatory kinship system, potential spouses are sought from a specific class of relative as determined by a prescriptive marriage rule. This rule may be expressed by anthropologists using a "descriptive" kinship term, such as a "man's mother's brother's daughter" (also known as a "cross-cousin"). Such descriptive rules mask the participant's perspective: a man should marry a woman from his mother's lineage. Within the society's kinship terminology, such relatives are usually indicated by a specific term which sets them apart as potentially marriageable.
Pierre Bourdieu
Pierre Bourdieu (; 1 August 1930 – 23 January 2002) was a French sociologist and public intellectual. Bourdieu's contributions to the sociology of education, the theory of sociology, and sociology of aesthetics have achieved wide influence i ...
notes, however, that very few marriages ever follow the rule, and that when they do so, it is for "practical kinship" reasons such as the preservation of family property, rather than the "official kinship" ideology.
Insofar as regular marriages following prescriptive rules occur, lineages are linked together in fixed relationships; these ties between lineages may form political alliances in kinship dominated societies. French
structural
A structure is an arrangement and organization of interrelated elements in a material object or system, or the object or system so organized. Material structures include man-made objects such as buildings and machines and natural objects such a ...
anthropologist
Claude Lévi-Strauss
Claude Lévi-Strauss (, ; 28 November 1908 – 30 October 2009) was a French anthropologist and ethnologist whose work was key in the development of the theories of structuralism and structural anthropology. He held the chair of Social Anthro ...
developed
alliance theory
The alliance theory, also known as the general theory of exchanges, is a structuralist method of studying kinship relations. It finds its origins in Claude Lévi-Strauss's ''Elementary Structures of Kinship'' (1949) and is in opposition to the ...
to account for the "elementary" kinship structures created by the limited number of prescriptive marriage rules possible.
A pragmatic (or 'arranged') marriage is made easier by formal procedures of family or group politics. A responsible authority sets up or encourages the marriage; they may, indeed, engage a professional matchmaker to find a suitable spouse for an unmarried person. The authority figure could be parents, family, a religious official, or a group consensus. In some cases, the authority figure may choose a match for purposes other than marital harmony.
Forced marriage
A forced marriage is a marriage in which one or both of the parties is married against their will. Forced marriages continue to be practiced in parts of the world, especially in
South Asia
South Asia is the southern subregion of Asia, which is defined in both geographical and ethno-cultural terms. The region consists of the countries of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.;;;;;;;; ...
and
Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
. The line between forced marriage and consensual marriage may become blurred, because the social norms of these cultures dictate that one should never oppose the desire of one's parents/relatives in regard to the choice of a spouse; in such cultures, it is not necessary for violence, threats, intimidation etc. to occur, the person simply "consents" to the marriage even if they do not want it, out of the implied social pressure and duty. The customs of
bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
and
dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
, that exist in parts of the world, can lead to buying and selling people into marriage.
In some societies, ranging from
Central Asia
Central Asia, also known as Middle Asia, is a subregion, region of Asia that stretches from the Caspian Sea in the west to western China and Mongolia in the east, and from Afghanistan and Iran in the south to Russia in the north. It includes t ...
to the
Caucasus
The Caucasus () or Caucasia (), is a region between the Black Sea and the Caspian Sea, mainly comprising Armenia, Azerbaijan, Georgia, and parts of Southern Russia. The Caucasus Mountains, including the Greater Caucasus range, have historically ...
to Africa, the custom of
bride kidnapping
Bride kidnapping, also known as marriage by abduction or marriage by capture, is a practice in which a man abducts the woman he wishes to marry.
Bride kidnapping (hence the portmanteau bridenapping) has been practiced around the world and ...
still exists, in which a woman is captured by a man and his friends. Sometimes this covers an
elopement
Elopement is a term that is used in reference to a marriage which is conducted in a sudden and secretive fashion, usually involving a hurried flight away from one's place of residence together with one's beloved with the intention of getting ma ...
, but sometimes it depends on
sexual violence
Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World re ...
. In previous times, ''
raptio
''Raptio'' (in archaic or literary English rendered as ''rape'') is a Latin term for the large-scale abduction of women, i.e. kidnapping for marriage, concubinage or sexual slavery. The equivalent German term is ''Frauenraub'' (literally ''wif ...
'' was a larger-scale version of this, with groups of women captured by groups of men, sometimes in war; the most famous example is
The Rape of the Sabine Women
The Rape of the Sabine Women ( ), also known as the Abduction of the Sabine Women or the Kidnapping of the Sabine Women, was an incident in Roman mythology in which the men of Rome committed a mass abduction of young women from the other citi ...
, which provided the first citizens of Rome with their wives.
Other marriage partners are more or less imposed on an individual. For example,
widow inheritance
Widow inheritance (also known as bride inheritance) is a cultural and social practice whereby a widow is required to marry a male relative of her late husband, often his brother. The practice is more commonly referred as a levirate marriage, examp ...
provides a widow with another man from her late husband's brothers.
In rural areas of India,
child marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child.
*
*
*
* The vast majority of child marriages are between a female child and a ma ...
is practiced, with parents often arranging the wedding, sometimes even before the child is born. This practice was made illegal under the
Child Marriage Restraint Act
The Child Marriage Restraint Act, 1929, passed on 28 September 1929, in the Imperial Legislative Council of India, fixed the age of marriage for girls at 14 years and boys at 18 years. In 1949, after India's independence, it was amended to 15 for ...
of 1929.
Economic considerations
The financial aspects of marriage vary between cultures and have changed over time.
In some cultures, dowries and bride wealth continue to be required today. In both cases, the financial arrangements are usually made between the groom (or his family) and the bride's family; with the bride often not being involved in the negotiations, and often not having a choice in whether to participate in the marriage.
In
Early modern Britain
Early modern Britain is the history of the island of Great Britain roughly corresponding to the 16th, 17th and 18th centuries. Major historical events in early modern British history include numerous wars, especially with France, along with the E ...
, the social status of the couple was supposed to be equal. After the marriage, all the property (called "fortune") and expected inheritances of the wife belonged to the husband.
Dowry
A
dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
is "a process whereby parental property is distributed to a daughter at her marriage (i.e. ''inter vivos'') rather than at the holder's death (''mortis causa'')… A dowry establishes some variety of conjugal fund, the nature of which may vary widely. This fund ensures her support (or endowment) in widowhood and eventually goes to provide for her sons and daughters."
In some cultures, especially in countries such as
Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
,
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
,
Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
,
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
,
Morocco
Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to ...
,
Nepal
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
, dowries continue to be expected. In India, thousands of dowry-related deaths have taken place on yearly basis, to counter this problem, several jurisdictions have enacted laws restricting or banning dowry (see
Dowry law in India
The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is referred to dahez in Hindi and as ''jahez ...
). In Nepal, dowry was made illegal in 2009. Some authors believe that the giving and receiving of dowry reflects the status and even the effort to climb high in social hierarchy.
Dower
Direct Dowry contrasts with
bride wealth
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
, which is paid by the groom or his family to the bride's parents, and with indirect dowry (or
dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law.
...
), which is property given to the bride herself by the groom at the time of marriage and which remains under her ownership and control.
In the Jewish tradition, the rabbis in ancient times insisted on the marriage couple entering into a
prenuptial agreement
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the leg ...
, called a ''
ketubah
A ketubah (; he, כְּתוּבָּה) is a Jewish marriage contract. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, ...
''. Besides other things, the ''ketubah'' provided for an amount to be paid by the husband in the event of a
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
or his estate in the event of his death. This amount was a replacement of the biblical
dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law.
...
or
bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
, which was payable at the time of the marriage by the groom to the father of the bride. This innovation was put in place because the biblical bride price created a major social problem: many young prospective husbands could not raise the bride price at the time when they would normally be expected to marry. So, to enable these young men to marry, the rabbis, in effect, delayed the time that the amount would be payable, when they would be more likely to have the sum. It may also be noted that both the dower and the ''ketubah'' amounts served the same purpose: the protection for the wife should her support cease, either by death or divorce. The only difference between the two systems was the timing of the payment. It is the predecessor to the wife's present-day entitlement to
maintenance
Maintenance may refer to:
Biological science
* Maintenance of an organism
* Maintenance respiration
Non-technical maintenance
* Alimony, also called ''maintenance'' in British English
* Champerty and maintenance, two related legal doctrine ...
in the event of the breakup of marriage, and family maintenance in the event of the husband not providing adequately for the wife in his
will
Will may refer to:
Common meanings
* Will and testament, instructions for the disposition of one's property after death
* Will (philosophy), or willpower
* Will (sociology)
* Will, volition (psychology)
* Will, a modal verb - see Shall and will
...
. Another function performed by the ''ketubah'' amount was to provide a disincentive for the husband contemplating divorcing his wife: he would need to have the amount to be able to pay to the wife.
Morning gifts, which might also be arranged by the bride's father rather than the bride, are given to the bride herself; the name derives from the Germanic tribal custom of giving them the morning after the wedding night. She might have control of this morning gift during the lifetime of her husband, but is entitled to it when widowed. If the amount of her inheritance is settled by law rather than agreement, it may be called
dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law.
...
. Depending on legal systems and the exact arrangement, she may not be entitled to dispose of it after her death, and may lose the property if she remarries. Morning gifts were preserved for centuries in
morganatic marriage
Morganatic marriage, sometimes called a left-handed marriage, is a marriage between people of unequal social rank, which in the context of royalty or other inherited title prevents the principal's position or privileges being passed to the spous ...
, a union where the wife's inferior social status was held to prohibit her children from inheriting a noble's titles or estates. In this case, the morning gift would support the wife and children. Another legal provision for widowhood was
jointure
Jointure is, in law, a provision for a wife after the death of her husband. As defined by Sir Edward Coke, it is "a competent livelihood of freehold for the wife, of lands or tenements, to take effect presently in possession or profit after the dea ...
, in which property, often land, would be held in joint tenancy, so that it would automatically go to the widow on her husband's death.
Islamic tradition has similar practices. A '
mahr
In Islam, a mahr (in ar, مهر; fa, مهريه; tr, mehir; sw, mahari; also transliterated ''mehr'', ''meher'', ''mehrieh'', or ''mahriyeh'') is the obligation, in the form of money or possessions paid by the groom, to the bride at the time ...
', either immediate or deferred, is the woman's portion of the groom's wealth (divorce) or estate (death). These amounts are usually set on the basis of the groom's own and family wealth and incomes, but in some parts these are set very high so as to provide a disincentive for the groom exercising the divorce, or the husband's family 'inheriting' a large portion of the estate, especially if there are no male offspring from the marriage. In some countries, including Iran, the mahr or alimony can amount to more than a man can ever hope to earn, sometimes up to US$1,000,000 (4000 official Iranian gold coins). If the husband cannot pay the mahr, either in case of a divorce or on demand, according to the current laws in Iran, he will have to pay it by installments. Failure to pay the
mahr
In Islam, a mahr (in ar, مهر; fa, مهريه; tr, mehir; sw, mahari; also transliterated ''mehr'', ''meher'', ''mehrieh'', or ''mahriyeh'') is the obligation, in the form of money or possessions paid by the groom, to the bride at the time ...
might even lead to imprisonment.
Bridewealth
Bridewealth is a common practice in parts of
Southeast Asia
Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical United Nations geoscheme for Asia#South-eastern Asia, south-eastern region of Asia, consistin ...
(
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
,
Cambodia
Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand t ...
), parts of
Central Asia
Central Asia, also known as Middle Asia, is a subregion, region of Asia that stretches from the Caspian Sea in the west to western China and Mongolia in the east, and from Afghanistan and Iran in the south to Russia in the north. It includes t ...
, and in much of
sub-Saharan Africa
Sub-Saharan Africa is, geographically, the area and regions of the continent of Africa that lies south of the Sahara. These include West Africa, East Africa, Central Africa, and Southern Africa. Geopolitically, in addition to the List of sov ...
. It is also known as brideprice although this has fallen in disfavor as it implies the purchase of the bride. Bridewealth is the amount of
money
Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are as ...
or
property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom. In
anthropological
Anthropology is the scientific study of humanity, concerned with human behavior, human biology, cultures, societies, and linguistics, in both the present and past, including past human species. Social anthropology studies patterns of behavi ...
literature, bride price has often been explained as payment made to compensate the bride's family for the loss of her labor and fertility. In some cases, bridewealth is a means by which the groom's family's ties to the children of the union are recognized.
Taxation
In some countries a married person or couple benefits from various taxation advantages not available to a single person. For example, spouses may be allowed to average their combined
incomes
Income is the consumption and saving opportunity gained by an entity within a specified timeframe, which is generally expressed in monetary terms. Income is difficult to define conceptually and the definition may be different across fields. For ...
. This is advantageous to a married couple with disparate incomes. To compensate for this, countries may provide a higher
tax bracket
Tax brackets are the divisions at which tax rates change in a progressive tax system (or an explicitly regressive tax system, though that is rarer). Essentially, tax brackets are the cutoff values for taxable income—income past a certain point ...
for the averaged income of a married couple. While income averaging might still benefit a married couple with a stay-at-home spouse, such averaging would cause a married couple with roughly equal personal incomes to pay more total tax than they would as two single persons. In the United States, this is called the
marriage penalty
The marriage penalty in the United States refers to the higher taxes required from some married couples with both partners earning income that would not be required by two otherwise identical single people with exactly the same incomes. There is a ...
.
When the rates applied by the tax code are not based income averaging, but rather on the ''sum'' of individuals' incomes, higher rates will usually apply to each individual in a two-earner households in a progressive tax systems. This is most often the case with high-income taxpayers and is another situation called a marriage penalty.
Conversely, when progressive tax is levied on the individual with no consideration for the partnership, dual-income couples fare much better than single-income couples with similar household incomes. The effect can be increased when the welfare system treats the same income as a shared income thereby denying welfare access to the non-earning spouse. Such systems apply in Australia and Canada, for example.
Post-marital residence
In many Western cultures, marriage usually leads to the formation of a new household comprising the married couple, with the married couple living together in the same home, often sharing the same bed, but in some other cultures this is not the tradition. Among the
Minangkabau Minangkabau may refer to:
* Minangkabau culture, culture of the Minangkabau people
* Minangkabau Culture Documentation and Information Center
* Minangkabau Express, an airport rail link service serving Minangkabau International Airport (''see below' ...
of
West Sumatra
West Sumatra ( id, Sumatra Barat) is a Provinces of Indonesia, province of Indonesia. It is located on the west coast of the island of Sumatra and includes the Mentawai Islands off that coast. The province has an area of , with a population of 5, ...
, residency after marriage is
matrilocal
In social anthropology, matrilocal residence or matrilocality (also uxorilocal residence or uxorilocality) is the societal system in which a married couple resides with or near the wife's parents. Thus, the female offspring of a mother remain l ...
, with the husband moving into the household of his wife's mother. Residency after marriage can also be
patrilocal
In social anthropology, patrilocal residence or patrilocality, also known as virilocal residence or virilocality, are terms referring to the social system in which a married couple resides with or near the husband's parents. The concept of locat ...
or avunculocal. In these cases, married couples may not form an independent household, but remain part of an extended family household.
Early theories explaining the determinants of postmarital residence connected it with the sexual division of labor. However, to date,
cross-cultural Cross-cultural may refer to
*cross-cultural studies, a comparative tendency in various fields of cultural analysis
*cross-cultural communication, a field of study that looks at how people from differing cultural backgrounds communicate
*any of vari ...
tests of this
hypothesis
A hypothesis (plural hypotheses) is a proposed explanation for a phenomenon. For a hypothesis to be a scientific hypothesis, the scientific method requires that one can test it. Scientists generally base scientific hypotheses on previous obse ...
using worldwide samples have failed to find any significant relationship between these two variables. However, Korotayev's tests show that the female contribution to subsistence does correlate significantly with matrilocal residence in general. However, this correlation is masked by a general polygyny factor.
Although, in different-sex marriages, an increase in the female contribution to subsistence tends to lead to matrilocal residence, it also tends simultaneously to lead to general non-sororal
polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any o ...
which effectively destroys
matrilocality
In social anthropology, matrilocal residence or matrilocality (also uxorilocal residence or uxorilocality) is the societal system in which a married couple resides with or near the wife's parents. Thus, the female offspring of a mother remain l ...
. If this polygyny factor is controlled (e.g., through a multiple
regression
Regression or regressions may refer to:
Science
* Marine regression, coastal advance due to falling sea level, the opposite of marine transgression
* Regression (medicine), a characteristic of diseases to express lighter symptoms or less extent ( ...
model), division of labor turns out to be a significant predictor of postmarital residence. Thus, Murdock's hypotheses regarding the relationships between the sexual division of labor and postmarital residence were basically correct, though the actual relationships between those two groups of variables are more complicated than he expected.
There has been a trend toward the
neolocal residence Neolocal residence is a type of post-marital residence in which a newly married couple resides separately from both the husband's natal household and the wife's natal household. Neolocal residence forms the basis of most developed nations, especiall ...
in western societies.
Law
Marriage laws refer to the legal requirements which determine the validity of a marriage, which vary considerably between countries.
Article 16 of the
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
declares that "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses."
Rights and obligations
A marriage bestows rights and obligations on the married parties, and sometimes on
relatives Relatives can refer to:
* Kinship
* ''Relatives'' (1985 film), a 1985 Australian movie
* ''Relatives'' (2006 film), a 2006 Hungarian movie
* "Relatives", a song by Irving Berlin
Irving Berlin (born Israel Beilin; yi, ישראל ביילין ...
as well, being the sole mechanism for the creation of affinal ties (in-laws). These may include, depending on jurisdiction:
* Giving one spouse or his/her family control over the other spouse's sexual services, labor, and property.
* Giving one spouse responsibility for the other's debts.
* Giving one spouse visitation rights when the other is incarcerated or hospitalized.
* Giving one spouse control over the other's affairs when the other is incapacitated.
* Establishing the second
legal guardian
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, call ...
of a parent's child.
* Establishing a joint fund of property for the benefit of children.
* Establishing a relationship between the families of the spouses.
These rights and obligations vary considerably between societies, and between groups within society. These might include arranged marriages, family obligations, the legal establishment of a
nuclear family
A nuclear family, elementary family, cereal-packet family or conjugal family is a family group consisting of parents and their children (one or more), typically living in one home residence. It is in contrast to a single-parent family, the larger ...
unit, the legal protection of children and public declaration of commitment.
Property regime
In many countries today, each marriage partner has the choice of keeping his or her property separate or combining properties. In the latter case, called community property, when the marriage ends by divorce each owns half. In lieu of a
will
Will may refer to:
Common meanings
* Will and testament, instructions for the disposition of one's property after death
* Will (philosophy), or willpower
* Will (sociology)
* Will, volition (psychology)
* Will, a modal verb - see Shall and will
...
or
trust
Trust often refers to:
* Trust (social science), confidence in or dependence on a person or quality
It may also refer to:
Business and law
* Trust law, a body of law under which one person holds property for the benefit of another
* Trust (bus ...
, property owned by the deceased generally is inherited by the surviving spouse.
In some legal systems, the partners in a marriage are "jointly liable" for the debts of the marriage. This has a basis in a traditional legal notion called the "Doctrine of Necessities" whereby, in a heterosexual marriage, a husband was responsible to provide necessary things for his wife. Where this is the case, one partner may be sued to collect a debt for which they did not expressly contract. Critics of this practice note that debt collection agencies can abuse this by claiming an unreasonably wide range of debts to be expenses of the marriage. The cost of defense and the burden of proof is then placed on the non-contracting party to prove that the expense is not a debt of the family. The respective maintenance obligations, both during and eventually after a marriage, are regulated in most
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
s;
alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial suppo ...
is one such method.
Restrictions
Marriage is an institution that is historically filled with restrictions. From age, to race, to social status, to
consanguinity
Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor).
Many jurisdictions have laws prohibiting people who are related by blood fr ...
, to gender, restrictions are placed on marriage by society for reasons of benefiting the children, passing on healthy genes, maintaining cultural values, or because of
prejudice
Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's per ...
and
fear
Fear is an intensely unpleasant emotion in response to perceiving or recognizing a danger or threat. Fear causes physiological changes that may produce behavioral reactions such as mounting an aggressive response or fleeing the threat. Fear ...
. Almost all cultures that recognize marriage also recognize
adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
as a violation of the terms of marriage."Adultery" ''Encyclopædia Britannica''
Age
Most jurisdictions set a minimum age for marriage; that is, a person must attain a certain age to be legally allowed to marry. This age may depend on circumstances, for instance exceptions from the general rule may be permitted if the parents of a young person express their consent and/or if a court decides that said marriage is in the best interest of the young person (often this applies in cases where a girl is pregnant). Although most age restrictions are in place in order to prevent children from being forced into marriages, especially to much older partners – marriages which can have negative education and health related consequences, and lead to
child sexual abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...
and other forms of violence – such
child marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child.
*
*
*
* The vast majority of child marriages are between a female child and a ma ...
s remain common in parts of the world. According to the UN, child marriages are most common in rural
sub-Saharan Africa
Sub-Saharan Africa is, geographically, the area and regions of the continent of Africa that lies south of the Sahara. These include West Africa, East Africa, Central Africa, and Southern Africa. Geopolitically, in addition to the List of sov ...
and
South Asia
South Asia is the southern subregion of Asia, which is defined in both geographical and ethno-cultural terms. The region consists of the countries of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.;;;;;;;; ...
. The ten countries with the highest rates of child marriage are:
Niger
)
, official_languages =
, languages_type = National languages
Race
Laws banning "race-mixing" were enforced in certain North American jurisdictions from 1691 until 1967, in Nazi Germany (The Nuremberg Laws) from 1935 until 1945, and in South Africa during most part of the Apartheid era (1949–1985). All these laws primarily banned marriage between persons of different racially or ethnically defined groups, which was termed "amalgamation" or "miscegenation" in the U.S. The laws in Nazi Germany and many of the U.S. states, as well as South Africa, also banned sexual relations between such individuals.
In the United States, laws in some but not all of the states prohibited the marriage of whites and blacks, and in many states also the intermarriage of whites with Native Americans in the United States, Native Americans or Asian Americans, Asians. In the U.S., such laws were known as anti-miscegenation laws. From 1913 until 1948, 30 out of the then 48 states enforced such laws. Although an "Anti-Miscegenation Amendment" to the United States Constitution was proposed in 1871, in 1912–1913, and in 1928, no nationwide law against racially mixed marriages was ever enacted. In 1967, the Supreme Court of the United States unanimously ruled in ''Loving v. Virginia'' that anti-miscegenation laws are Constitutionality, unconstitutional. With this ruling, these laws were no longer in effect in the remaining 16 states that still had them.
The Nazi ban on interracial marriage and interracial sex was enacted in September 1935 as part of the Nuremberg Laws, the ''Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre'' (The Law for the Protection of German Blood and German Honour). The Nuremberg Laws classified Judaism, Jews as a race and forbade marriage and extramarital sexual relations at first with people of Jewish descent, but was later ended to the "Gypsies, Negroes or their bastard offspring" and people of "German or related blood". Such relations were marked as ''Rassenschande'' (lit. "race-disgrace") and could be punished by imprisonment (usually followed by deportation to a concentration camp) and even by death.
Apartheid, South Africa under apartheid also banned interracial marriage. The Prohibition of Mixed Marriages Act, 1949 prohibited marriage between persons of different races, and the Immorality Act of 1950 made Miscegenation, sexual relations with a person of a different race a crime.
Sex/gender
Same-sex marriage is legally performed and recognized (nationwide or in some jurisdictions) in Same-sex marriage in Argentina, Argentina, Same-sex marriage in Australia, Australia, Same-sex marriage in Austria, Austria, Same-sex marriage in Belgium, Belgium, Same-sex marriage in Brazil, Brazil, Same-sex marriage in Canada, Canada, Same-sex marriage in Colombia, Colombia, Same-sex marriage in Costa Rica, Costa Rica, Same-sex marriage in Denmark, Denmark, Same-sex marriage in Ecuador, Ecuador, Same-sex marriage in Finland, Finland, Same-sex marriage in France, France, Same-sex marriage in Germany, Germany, Same-sex marriage in Iceland, Iceland, Same-sex marriage in the Republic of Ireland, Ireland, Same-sex marriage in Luxembourg, Luxembourg, Same-sex marriage in Malta, Malta, Same-sex marriage in Mexico, Mexico, the Same-sex marriage in the Netherlands, Netherlands, Same-sex marriage in New Zealand, New Zealand, Same-sex marriage in Norway, Norway, Same-sex marriage in Portugal, Portugal, Same-sex marriage in South Africa, South Africa, Same-sex marriage in Spain, Spain, Same-sex marriage in Sweden, Sweden, Same-sex marriage in Taiwan, Taiwan, the Same-sex marriage in the United Kingdom, United Kingdom, the Same-sex marriage in the United States, United States, and Same-sex marriage in Uruguay, Uruguay. Recognition of same-sex unions in Israel, Israel recognizes same-sex marriages entered into abroad as full marriages. Furthermore, the Inter-American Court of Human Rights has issued a ruling that is expected to facilitate recognition in several countries in the Recognition of same-sex unions in the Americas, Americas.
The introduction of same-sex marriage has varied by jurisdiction, being variously accomplished through legislative change to marriage law, a court ruling based on constitutional guarantees of equality, or by direct popular vote (via ballot initiative or referendum). The recognition of same-sex marriage is considered to be a human rights, human right and a civil rights, civil right as well as a political, social, and religious issue. The most prominent supporters of same-sex marriage are human rights and civil rights organizations as well as the medical and scientific communities, while the most prominent opponents are religious groups. Various faith communities around the world support same-sex marriage, while many religious groups oppose it. Same-sex marriage#Public opinion, Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in some developing democracies.
The establishment of recognition in law for the marriages of same-sex couples is one of the most prominent objectives of the LGBT rights movement.
Number of spouses
Polygyny is widely practiced in mostly Muslim and African countries. In the Middle Eastern region, Israel, Turkey and Polygamy in Tunisia, Tunisia are notable exceptions.
In most other jurisdictions, polygamy is illegal. For example, In the United States, polygamy is illegal in all List of states and territories of the United States, 50 states.
In the late-19th century, citizens of the self-governing territory of what is present-day Utah were forced by the United States federal government to abandon the practice of
polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
through the vigorous enforcement of several Act of Congress, Acts of Congress, and eventually complied. The Church of Jesus Christ of Latter-day Saints formally abolished the practice in 1890, in a document labeled '1890 Manifesto, The Manifesto' (see Latter Day Saint polygamy in the late-19th century). Among Islam in the United States, American Muslims, a small minority of around 50,000 to 100,000 people are estimated to live in families with a husband maintaining an illegal polygamous relationship.
Several countries such as India and Sri Lanka, permit only their Islamic citizens to practice polygamy. Some Indians have converted to
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
in order to bypass such legal restrictions. Predominantly Christian nations usually do not allow Polygamy, polygamous unions, with a handful of exceptions being the Polygamy in the Republic of the Congo, Republic of the Congo, Uganda, and Polygamy in Zambia, Zambia.
State recognition
When a marriage is performed and carried out by a government institution in accordance with the marriage laws of the jurisdiction, without religious content, it is a civil marriage. Civil marriage recognizes and creates the rights and obligations intrinsic to matrimony in the eyes of the state. Some countries do not recognize locally performed religious marriage on its own, and require a separate civil marriage for official purposes. Conversely, civil marriage does not exist in some countries governed by a Theocracy, religious legal system, such as
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
, where marriages contracted abroad might not be recognized if they were contracted contrary to Saudi interpretations of Sharia, Islamic religious law. In countries governed by a Millet system, mixed secular-religious legal system, such as Lebanon and Israel, locally performed civil marriage does not exist within the country, which prevents interfaith and various other marriages that contradict religious laws from being entered into in the country; however, civil marriages performed abroad may be recognized by the state even if they conflict with religious laws. For example, in the case of recognition of marriage in Israel, this includes recognition of not only interfaith civil marriages performed abroad, but also overseas same-sex civil marriages.
In various jurisdictions, a civil marriage may take place as part of the religious marriage ceremony, although they are theoretically distinct. Some jurisdictions allow civil marriages in circumstances which are notably not allowed by particular religions, such as same-sex marriages or civil unions.
The opposite case may happen as well. Partners may not have full juridical acting capacity and churches may have less strict limits than the civil jurisdictions. This particularly applies to minimum age, or physical infirmities.
It is possible for two people to be recognized as married by a religious or other institution, but not by the state, and hence without the legal rights and obligations of marriage; or to have a civil marriage deemed invalid and sinful by a religion. Similarly, a couple may remain married in religious eyes after a civil divorce.
Most sovereign states and other jurisdictions limit legally recognized marriage to heterosexuality, opposite-sex couples and a diminishing number of these permit
polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any o ...
,
child marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child.
*
*
*
* The vast majority of child marriages are between a female child and a ma ...
s, and
forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
s. In modern times, a growing number of countries, primarily developed democracies, have lifted bans on, and have established legal recognition for, the marriages of
interfaith
Interfaith dialogue refers to cooperative, constructive, and positive interaction between people of different religious traditions (i.e. "faiths") and/or spiritual or humanistic beliefs, at both the individual and institutional levels. It is ...
,
interracial
Interracial topics include:
* Interracial marriage, marriage between two people of different races
** Interracial marriage in the United States
*** 2009 Louisiana interracial marriage incident
* Interracial adoption, placing a child of one raci ...
, and same-sex couples. In some areas, child marriages and polygamy may occur in spite of national laws against the practice.
Marriage license, civil ceremony and registration
A marriage is usually formalized at a wedding or marriage ceremony. The ceremony may be officiated either by a religious official, by a government official or by a state approved celebrant. In various European and some Latin American countries, any religious ceremony must be held separately from the required civil ceremony. Some countries – such as Belgium, Bulgaria, France, the Netherlands, Romania and
Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
– require that a civil ceremony take place before any religious one. In some countries – notably the United States, Canada, the United Kingdom, the Republic of Ireland, Norway and Spain – both ceremonies can be held together; the officiant at the religious and civil ceremony also serving as agent of the state to perform the civil ceremony. To avoid any implication that the state is "recognizing" a religious marriage (which is prohibited in some countries) – the "civil" ceremony is said to be taking place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If the civil element of the religious ceremony is omitted, the marriage ceremony is not recognized as a marriage by government under the law.
Some countries, such as Australia, permit marriages to be held in private and at any location; others, including England and Wales, require that the civil ceremony be conducted in a place open to the public and specially sanctioned by law for the purpose. In England, the place of marriage formerly had to be a church or Register office (United Kingdom), register office, but this was extended to any public venue with the necessary licence. An exception can be made in the case of marriage by special emergency license (UK: licence), which is normally granted only when one of the parties is terminally ill. Rules about where and when persons can marry vary from place to place. Some regulations require one of the parties to reside within the jurisdiction of the register office (formerly parish).
Each religious authority has rules for the manner in which marriages are to be conducted by their officials and members. Where religious marriages are recognised by the state, the officiator must also conform with the law of the jurisdiction.
Common-law marriage
In a small number of jurisdictions marriage relationships may be created by the operation of the law alone. Unlike the typical ceremonial marriage with legal contract, wedding ceremony, and other details, a
common-law marriage
Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
may be called "marriage by habit and repute (cohabitation)." A de facto common-law marriage without a license or ceremony is legally binding in some jurisdictions but has no legal consequence in others."Common Law Marriage FAQ." ''Nolo.'' 31 July 2009.
Civil unions
A ''civil union'', also referred to as a ''civil partnership'', is a legally recognized form of partnership similar to marriage. Beginning with Same-sex marriage in Denmark, Denmark in 1989, civil unions under one name or another have been established by law in several countries in order to provide homosexuality, same-sex couples rights, benefits, and Moral responsibility, responsibilities similar (in some countries, identical) to opposite-sex civil marriage. In some
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
s, such as Same-sex marriage in Brazil, Brazil, Civil union in New Zealand, New Zealand, Same-sex marriage in Uruguay, Uruguay, Recognition of same-sex unions in Ecuador, Ecuador, Civil solidarity pact, France and the U.S. states of Same-sex marriage in Hawaii, Hawaii and Same-sex marriage in Illinois, Illinois, civil unions are also open to opposite-sex couples.
"Marriage of convenience"
Sometimes people marry to take advantage of a certain situation, sometimes called a marriage of convenience or a sham marriage. In 2003, over 180,000 immigrants were admitted to the U.S. as spouses of Citizenship of the United States, U.S. citizens; more were admitted as fiancés of US citizens for the purpose of being married within 90 days. These marriages had a diverse range of motives, including green card marriage, obtaining permanent residency, securing an inheritance that has a marriage clause, or to enroll in health insurance, among many others. While all marriages have a complex combination of conveniences motivating the parties to marry, a marriage of convenience is one that is devoid of normal reasons to marry. In certain countries like Singapore sham marriages are punishable criminal offences.
Contemporary legal and human rights criticisms of marriage
People have proposed arguments against marriage for reasons that include political, philosophical and religious criticisms; concerns about the Divorce demography, divorce rate; individual liberty and gender equality; questioning the necessity of having a personal relationship sanctioned by government or religious authorities; or the promotion of celibacy for religious or philosophical reasons.
Power and gender roles
Historically, in most cultures, married women had very few rights of their own, being considered, along with the family's children, the property of the
husband
A husband is a male in a marital relationship, who may also be referred to as a spouse. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between societies and cultures, ...
; as such, they could not own or inherit property, or represent themselves legally (see, for example,
coverture
Coverture (sometimes spelled couverture) was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. U ...
). Since the late 19th century, in some (primarily Western world, Western) countries, marriage has undergone gradual legal changes, aimed at improving the rights of the wife. These changes included giving wives legal identities of their own, abolishing the right of husbands to physically discipline their wives, giving wives property rights, liberalizing
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
laws, providing wives with reproductive rights of their own, and requiring a wife's consent when sexual relations occur. In the 21st century, there continue to be controversies regarding the legal status of married women, legal acceptance of or leniency towards violence within marriage (especially sexual violence), traditional marriage customs such as
dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
and
bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
, forced marriage,
marriageable age
Marriageable age (or marriage age) is the general age, as a legal age or as the minimum age subject to parental, religious or other forms of social approval, at which a person is legitimately allowed for marriage. Age and other prerequisites to ...
, and criminalization of consensual behaviors such as premarital sex, premarital and
extramarital sex
Extramarital sex occurs when a married person engages in sexual activity with someone other than their spouse.
The term may be applied to the situation of a single person having sex with a married person.
Where extramarital sexual relations do n ...
.
Feminist theory approaches opposite-sex marriage as an institution traditionally rooted in patriarchy that promotes male superiority and power over women. This power (social and political), power dynamic conceptualizes men as "the provider operating in the public sphere" and women as "the caregivers operating within the private sphere".Weadock, Briana "Disciplining Marriage: Gender, Power and Resistance" . Paper presented at the annual meeting of the American Sociological Association, Hilton San Francisco & Renaissance Parc 55 Hotel, San Francisco, CA,, 14 August 2004. "Theoretically, women ... [were] defined as the property of their husbands .... The adultery of a woman was always treated with more severity than that of a man." "[F]eminist demands for a wife's control over her own property were not met [in parts of Britain] until ... [laws were passed in the late 19th century]."
Traditional heterosexual marriage imposed an obligation of the wife to be sexually available for her husband and an obligation of the husband to provide material/financial support for the wife. Numerous philosophers, feminists and other academic figures have commented on this throughout history, condemning the hypocrisy of legal and religious authorities in regard to sexual issues; pointing to the lack of choice of a woman in regard to controlling her own sexuality; and drawing parallels between marriage, an institution promoted as sacred, and prostitution, widely condemned and vilified (though often tolerated as a "lesser of two evils principle, necessary evil"). Mary Wollstonecraft, in the 18th century, described marriage as "legal prostitution". Emma Goldman wrote in 1910: "To the moralist prostitution does not consist so much in the fact that the woman sells her body, but rather that she sells it out of wedlock". Bertrand Russell in his book ''Marriage and Morals'' wrote that: "Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution." Angela Carter in ''Nights at the Circus'' wrote: "What is marriage but prostitution to one man instead of many?"
Some critics object to what they see as propaganda in relation to marriage – from the government, religious organizations, the media – which aggressively promote marriage as a solution for all social problems; such propaganda includes, for instance, marriage promotion in schools, where children, especially girls, are bombarded with positive information about marriage, being presented only with the information prepared by authorities.
The performance of dominant gender roles by men and submissive gender roles by women influence the power dynamic of a heterosexual marriage. In some American households, women internalize gender role stereotypes and often assimilate into the role of "wife", "mother", and "caretaker" in conformity to societal norms and their male partner. Author bell hooks states "within the family structure, individuals learn to accept sexist oppression as 'natural' and are primed to support other forms of oppression, including heterosexist domination." "[T]he cultural, economic, political and legal supremacy of the husband" was "[t]raditional ... under English law". This patriarchal dynamic is contrasted with a conception of Egalitarianism, egalitarian or Shared earning/shared parenting marriage, peer marriage in which power and labour are divided equally, and not according to gender roles.
In the US, studies have shown that, despite egalitarian ideals being common, less than half of respondents viewed their opposite-sex relationships as equal in power, with unequal relationships being more commonly dominated by the male partner. Studies also show that married couples find the highest level of satisfaction in egalitarian relationships and lowest levels of satisfaction in wife dominate relationships. In recent years, egalitarian or peer marriages have been receiving increasing focus and attention politically, economically and culturally in a number of countries, including the United States.
Extra-marital sex
Different societies demonstrate variable tolerance of extramarital sex. The Standard Cross-Cultural Sample describes the occurrence of extramarital sex by gender in over 50 pre-industrial cultures. The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures. The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional" in 9 cultures, and "uncommon" in 15 cultures. Three studies using nationally representative samples in the United States found that between 10 and 15% of women and 20–25% of men engage in extramarital sex.
Many of the world's major religions look with disfavor on sexual intercourse, sexual relations outside marriage. There are non-Secularity, secular states that sanction criminal penalties for fornication, sexual intercourse before marriage. Sexual relations by a married person with someone other than his/her spouse is known as
adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
. Adultery is considered in many jurisdictions to be a crime and grounds for divorce.
In some countries, such as Saudi Arabia, Pakistan, Afghanistan, Iran, Kuwait, Maldives, Morocco, Oman, Mauritania, United Arab Emirates, Sudan, Yemen, any form of sexual activity outside marriage is illegal.
In some parts of the world, women and girls accused of having sexual relations outside marriage are at risk of becoming victims of honor killings committed by their families. In 2011 several people were sentenced to death by stoning after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali and Pakistan. Practices such as honor killings and stoning continue to be supported by mainstream politicians and other officials in some countries. In
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, after the 2008 Honour killing in Pakistan, Balochistan honour killings in which five women were killed by tribesmen of the Umrani, Umrani Tribe of Balochistan, Pakistan, Balochistan, Pakistani Federal Minister for Postal Services Israr Ullah Zehri defended the barbaric practice; he said: "These are centuries-old traditions, and I will continue to defend them. Only those who indulge in immoral acts should be afraid."
Sexual violence
An issue that is a serious concern regarding marriage and which has been the object of international scrutiny is that of marital rape, sexual violence within marriage. Throughout much of the history, in most cultures, sex in marriage was considered a 'right', that could be taken by force (often by a man from a woman), if 'denied'. As the concept of human rights started to develop in the 20th century, and with the arrival of second-wave feminism, such views, and laws, have become less widely held.
The legal and social concept of marital rape has developed in most industrialized countries in the mid- to late 20th century; in many other parts of the world it is not recognized as a form of abuse, socially or legally. Several countries in Eastern Europe and Scandinavia made marital rape illegal before 1970, and other countries in Western Europe and the English-speaking Western world outlawed it in the 1980s and 1990s. In England and Wales, marital rape was made illegal in 1991. Although marital rape is being increasingly criminalized in Developing country, developing countries too, cultural, religious, and traditional ideologies about "conjugal rights" remain very strong in many parts of the world; and even in many countries that have adequate laws against rape in marriage these laws are rarely enforced.
Apart from the issue of rape committed against one's spouse, marriage is, in many parts of the world, closely connected with other forms of sexual violence: in some places, like
Morocco
Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to ...
, unmarried girls and women who are raped are often forced by their families to marry their rapist. Because being the victim of rape and losing
virginity
Virginity is the state of a person who has never engaged in sexual intercourse. The term ''virgin'' originally only referred to sexually inexperienced women, but has evolved to encompass a range of definitions, as found in traditional, modern ...
carry extreme social stigma, and the victims are deemed to have their "reputation" tarnished, a marriage with the rapist is arranged. This is claimed to be in the advantage of both the victim – who does not remain unmarried and does not lose social status – and of the rapist, who avoids punishment. In 2012, after a Moroccan 16-year-old girl committed suicide after having been forced by her family to marry her rapist and enduring further abuse by the rapist after they married, there have been protests from activists against this practice which is common in Morocco.
In some societies, the very high social and religious importance of marital fidelity, especially female fidelity, has as result the criminalization of adultery, often with harsh penalties such as stoning or Flagellation, flogging; as well as leniency towards punishment of violence related to infidelity (such as honor killings). In the 21st century, criminal laws against adultery have become controversial with international organizations calling for their abolition.DisplayNews Ohchr.org (18 October 2012). Retrieved on 5 September 2013. Opponents of adultery laws argue that these laws are a major contributor to discrimination and violence against women, as they are enforced selectively mostly against women; that they prevent women from reporting
sexual violence
Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World re ...
; and that they maintain social norms which justify violent crimes committed against women by husbands, families and communities. A Joint Statement by the United Nations Working Group on discrimination against women in law and in practice states that "Adultery as a criminal offence violates women's human rights". Some human rights organizations argue that the criminalization of adultery also violates internationally recognized protections for private life, as it represents an arbitrary interference with an individual's privacy, which is not permitted under international law.
Laws, human rights and gender status
The laws surrounding heterosexual marriage in many countries have come under international scrutiny because they contradict international standards of human rights; institutionalize violence against women,
child marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child.
*
*
*
* The vast majority of child marriages are between a female child and a ma ...
and
forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
; require the permission of a husband for his wife to work in a paid job, sign legal documents, file criminal charges against someone, sue in civil court etc.; sanction the use by husbands of violence to "discipline" their wives; and discriminate against women in divorce.
Such things were legal even in many Western countries until recently: for instance, in France, married women obtained the right to work without their husband's permission in 1965, and in West Germany women obtained this right in 1977 (by comparison women in East Germany had many more rights). In Spain, during Franco's era, a married woman needed her husband's consent, referred to as the ''permiso marital'', for almost all economic activities, including employment, ownership of property, and even traveling away from home; the ''permiso marital'' was abolished in 1975.
An absolute submission of a wife to her husband is accepted as natural in many parts of the world, for instance surveys by UNICEF have shown that the percentage of women aged 15–49 who think that a husband is justified in hitting or beating his wife under certain circumstances is as high as 90% in Afghanistan and Jordan, 87% in Mali, 86% in Guinea and Timor-Leste, 81% in Laos, 80% in Central African Republic. Detailed results from Afghanistan show that 78% of women agree with a beating if the wife "goes out without telling him [the husband]" and 76% agree "if she argues with him".
Throughout history, and still today in many countries, laws have provided for extenuating circumstances, partial or complete defenses, for men who killed their wives due to adultery, with such acts often being seen as Crime of passion, crimes of passion and being covered by legal defenses such as Provocation (legal), provocation or defense of honor killing, family honor.
Right and ability to divorce
While international law and conventions recognize the need for consent for entering a marriage – namely that people cannot be forced to get married against their will – the right to obtain a divorce is not recognized; therefore holding a person in a marriage against their will (if such person has consented to entering in it) is not considered a violation of human rights, with the issue of divorce being left at the appreciation of individual states.
In the EU, the last country to allow divorce was Malta, Maltese divorce referendum, 2011, in 2011. Around the world, the only countries to forbid divorce are Philippines and Vatican City, although in practice in many countries which use a Divorce#At-fault divorce, fault-based divorce system obtaining a divorce is very difficult. The ability to divorce, in law and practice, has been and continues to be a controversial issue in many countries, and public discourse involves different ideologies such as feminism, social conservatism, religious interpretations.
Dowry and bridewealth
In recent years, the customs of
dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
and
bride price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
have received international criticism for inciting conflicts between families and clans; contributing to violence against women; promoting materialism; increasing property crimes (where men steal goods such as cattle in order to be able to pay the bride price); and making it difficult for poor people to marry. African women's rights campaigners advocate the abolishing of bride price, which they argue is based on the idea that women are a form of property which can be bought. Bride price has also been criticized for contributing to child trafficking as impoverished parents sell their young daughters to rich older men. A senior Papua New Guinea police officer has called for the abolishing of bride price arguing that it is one of the main reasons for the mistreatment of women in that country. The opposite practice of dowry has been linked to a high level of violence (see Dowry death) and to crimes such as extortion.
Children born outside marriage
Historically, and still in many countries, children born outside marriage suffered severe social stigma and discrimination. In England and Wales, such children were known as Bastard (law of England and Wales), bastards and whoresons.
There are significant differences between world regions in regard to the social and legal position of non-marital births, ranging from being fully accepted and uncontroversial to being severely stigmatized and discriminated.
The 1975 European Convention on the Legal Status of Children Born out of Wedlock protects the rights of children born to unmarried parents. The convention states, among others, that: "The father and mother of a child born out of wedlock shall have the same obligation to maintain the child as if it were born in wedlock" and that "A child born out of wedlock shall have the same right of succession in the estate of its father and its mother and of a member of its father's or mother's family, as if it had been born in wedlock."
While in most Western countries legal inequalities between children born inside and outside marriage have largely been abolished, this is not the case in some parts of the world.
The legal status of an unmarried father differs greatly from country to country. Without voluntary formal recognition of the child by the father, in most cases there is a need of due process of law in order to establish Paternity law, paternity. In some countries however, unmarried cohabitation of a couple for a specific period of time does create a presumption of paternity similar to that of formal marriage. This is the case in Australia. Under what circumstances can a paternity action be initiated, the rights and responsibilities of a father once paternity has been established (whether he can obtain parental responsibility and whether he can be forced to Child support, support the child) as well as the legal position of a father who voluntarily acknowledges the child, vary widely by jurisdiction. A special situation arises when a married woman has a child by a man other than her husband. Some countries, such as Israel, refuse to accept a legal challenge of paternity in such a circumstance, in order to avoid the stigmatization of the child (see Mamzer, a concept under Halakha, Jewish law). In 2010, the European Court of Human Rights ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him to see the children.
The steps that an unmarried father must take in order to obtain rights to his child vary by country. In some countries (such as the UK – since 2003 in England and Wales, 2006 in Scotland, and 2002 in Northern Ireland) it is sufficient for the father to be listed on the birth certificate for him to have parental rights; in other countries, such as Ireland, simply being listed on the birth certificate does not offer any rights, additional legal steps must be taken (if the mother agrees, the parents can both sign a "statutory declaration", but if the mother does not agree, the father has to apply to court).
Children born outside marriage have become more common, and in some countries, the majority. Recent data from Latin America showed figures for non-marital childbearing to be 74% for Colombia, 69% for Peru, 68% for Chile, 66% for
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, 58% for Argentina, 55% for Mexico. In 2012, in the European Union, 40% of births were outside marriage, and in the United States, in 2013, the figure was similar, at 41%. In the United Kingdom 48% of births were to unmarried women in 2012; in Republic of Ireland, Ireland the figure was 35%.
During the first half of the 20th century, unmarried women in some Western countries were coerced by authorities to give their children up for adoption. This was especially the case in Australia, through the forced adoption in Australia, forced adoptions in Australia, with most of these adoptions taking place between the 1950s and the 1970s. In 2013, Julia Gillard, then Prime Minister of Australia, offered a national apology to those affected by the forced adoptions.
Some married couples Voluntary childlessness, choose not to have children. Others are unable to have children because of infertility or other factors preventing Fertilisation, conception or the bearing of children. In some cultures, marriage imposes an ''obligation'' on women to bear children. In northern Ghana, for example, payment of Bride price, bridewealth signifies a woman's requirement to bear children, and women using birth control face substantial threats of physical abuse and reprisals.
Religion
Religions develop in specific geographic and social milieux. Religious attitudes and practices relating to marriage vary, but have many similarities.
Abrahamic religions
Baháʼí Faith
The Baháʼí Faith encourages marriage and views it as a mutually strengthening bond. A Baháʼí marriage is contingent on the consent of all living parents.
Christianity
Modern Christianity bases its views on marriage upon the teachings of Jesus and the Paul the Apostle. Many of the largest Christianity, Christian denominations regard marriage as a sacrament, sacred institution, or covenant (religion), covenant.
The first known decrees on marriage were during the Catholic Church, Roman Catholic Council of Trent (twenty-fourth session of 1563), decrees that made the validity of marriage dependent on the wedding occurring in the presence of a priest and two witnesses. The absence of a requirement of parental consent ended a debate that proceeded from the 12th century. In the case of a civil
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
, the innocent spouse had and has no right to marry again until the death of the other spouse terminates the still valid marriage, even if the other spouse was guilty of adultery.*
*
The Christian Church performed marriages in the narthex of the church prior to the 16th century, when the emphasis was on the marital contract and betrothal. Subsequently, the ceremony moved inside the sacristy of the church.
Christians often marry for religious reasons, ranging from following the biblical injunction for a "man to leave his father and mother and cleave to his wife, and the two shall become one", to accessing the Divine grace of the Catholic Church, Roman Catholic Sacrament.
Catholicism, Catholics, Eastern Orthodox Church, Eastern Orthodox, as well as many Anglicanism, Anglicans and Methodism, Methodists, consider marriage termed ''holy matrimony'' to be an expression of divine grace, termed a ''sacrament'' and ''Sacred mysteries, mystery'' in the first two Christian traditions. In Latin liturgical rites, Western ritual, the ministers of the sacrament are the spouses themselves, with a bishop, priest, or deacon merely witnessing the union on behalf of the Church and blessing it. In Eastern Christianity, Eastern ritual churches, the bishop or priest functions as the actual minister of the Sacred Mystery; Eastern Orthodox deacons may not perform marriages. Western Christians commonly refer to marriage as a vocation, while Eastern Christians consider it an ordination and a martyrdom, though the theological emphases indicated by the various names are not excluded by the teachings of either tradition. Marriage is commonly celebrated in the context of a Eucharistic service (a Mass in the Catholic Church#Ritual Masses, nuptial Mass or Divine Liturgy). The sacrament of marriage is indicative of the relationship between Jesus, Christ and the Church.
The Roman Catholic tradition of the 12th and 13th centuries defined marriage as a sacrament ordained by God, signifying the mystical marriage of Christ to his Church.
The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament.
For Catholic and Methodist Christians, the mutual love between husband and wife becomes an image of the eternal love with which God loves humankind. In the United Methodist Church, the celebration of Holy Matrimony ideally occurs in the context of a Service of Worship, which includes the celebration of the Eucharist. Likewise, the celebration of marriage between two Catholics normally takes place during the public liturgical celebration of the Holy Mass, because of its sacramental connection with the unity of the Paschal mystery of Christ (Communion). Sacramental marriage confers a perpetual and exclusive bond between the spouses. By its nature, the institution of marriage and conjugal love is ordered to the procreation and upbringing of offspring. Marriage creates rights and duties in the Church between the spouses and towards their children: "[e]ntering marriage with the intention of never having children is a grave wrong and more than likely grounds for an annulment". According to Roman Catholic legislation, progeny of annulled relationships are considered legitimate. Civilly remarried persons who civilly divorced a living and lawful spouse are not separated from the Church, but they cannot receive Eucharistic Communion.
Divorce and remarriage, while generally not encouraged, are regarded differently by each Christian denomination, with certain traditions, such as the Catholic Church, teaching the concept of an annulment. For example, the Reformed Church in America permits divorce and remarriage, while connexions such as the Evangelical Methodist Church Conference forbid divorce except in the case of fornication and do not allow for remarriage in any circumstance. The Eastern Orthodox Church allows divorce for a limited number of reasons, and in theory, but usually not in practice, requires that a marriage after divorce be celebrated with a penitential overtone. With respect to marriage between a Christian and a pagan, the early Church "sometimes took a more lenient view, invoking the so-called Pauline privilege of permissible separation (1 Cor. 7) as legitimate grounds for allowing a convert to divorce a pagan spouse and then marry a Christian."
The Catholic Church adheres to the proscription of Jesus in ''Matthew'', 19: 6 that married spouses who have consummated their marriage "are no longer two, but one flesh. Therefore, what God has joined together, no human being must separate.” Consequently, the Catholic Church understands that it is wholly without authority to terminate a sacramentally valid and consummated marriage, and its ''Codex Iuris Canonici'' (1983 Code of Canon Law) confirms this in Canons 1055–7. Specifically, Canon 1056 declares that "the essential properties of marriage are unity and ''indissolubility''; in [C]hristian marriage they acquire a distinctive ''firmness'' by reason of the sacrament." Canon 1057, §2 declares that marriage is "an ''irrevocable'' covenant". Therefore, divorce of such a marriage is a metaphysical, moral, and legal impossibility. However, the Church has the authority to annul a presumed "marriage" by declaring it to have been invalid from the beginning, i. e., declaring it not to be and never to have been a marriage, in an Annulment (Catholic Church), annulment procedure, which is basically a fact-finding and fact-declaring effort.
For Protestantism, Protestant denominations, the purposes of marriage include intimate companionship, rearing children, and mutual support for both spouses to fulfill their life callings. Most Calvinism, Reformed Christians did not regard marriage to the status of a sacrament "because they did not regard matrimony as a necessary means of grace for salvation"; nevertheless it is considered a covenant between spouses before God.cf. In addition, some Protestant denominations (such as the Methodist Churches) affirmed that Holy Matrimony is a "means of grace, thus, sacramental in character".
Since the 16th century, five competing models have shaped marriage in the Western tradition, as described by John Witte, Jr.:
* Marriage as Sacrament in the Roman Catholic Tradition
* Marriage as Social Estate in the Lutheran Reformation
* Marriage as Covenant in the Reformed (and Methodist) Traditions
* Marriage as Commonwealth in the Anglican Tradition
* Marriage as Contract in the Enlightenment Tradition
Members of the Church of Jesus Christ of Latter-day Saints (LDS Church) believe that "Marriage in The Church of Jesus Christ of Latter-day Saints, marriage between a man and a woman is ordained of God and that the family is central to the Plan of salvation (Latter Day Saints), Creator's plan for the eternal destiny of His children." Their view of marriage is that family relationships can endure beyond the grave. This is known as 'eternal marriage' which can be eternal only when authorized priesthood holders perform the sealing ordinance in sacred Temple (LDS Church), temples.
With respect to religion, historic Christian belief emphasizes that Christian weddings should occur in a church (building), church as Christian marriage should begin where one also starts their faith journey (Christians receive the sacrament of baptism in church in the presence of their Church (congregation), congregation). Catholic Christian weddings must "take place in a church building" as holy matrimony is a sacrament; sacraments normatively occur in the presence of Christ in the house of God, and "members of the faith community [should be] present to witness the event and provide support and encouragement for those celebrating the sacrament." Bishops never grant permission "to those requesting to be married in a garden, on the beach, or some other place outside of the church" and a dispensation is only granted "in extraordinary circumstances (for example, if a bride or groom is ill or disabled and unable to come to the church)." Marriage in the church, for Christians, is seen as contributing to the fruit of the newlywed couple regularly attending church each Lord's Day and raising children in the faith.
=Christian attitudes to same-sex marriage
=
Although many Christian denominations do not currently perform same-sex marriages, many do, such as the Presbyterian Church (USA), some dioceses of the Episcopal Church (United States), Episcopal Church, the Metropolitan Community Church, Quakers, United Church of Canada, and United Church of Christ congregations, and some Homosexuality and the Anglican Communion#Anglican Church of Canada, Anglican dioceses, for example. Same-sex marriage is recognized by various religious denominations.
Islam
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
also commends marriage, with the age of marriage being whenever the individuals feel ready, financially and emotionally.
In Islam,
polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any o ...
is allowed while
polyandry
Polyandry (; ) is a form of polygamy in which a woman takes two or more husbands at the same time. Polyandry is contrasted with polygyny, involving one male and two or more females. If a marriage involves a plural number of "husbands and wives" ...
is not, with the specific Polygamy in Islam, limitation that a man can have no more than four legal wives at any one time and an unlimited number of Islamic views on slavery#Concubinage, female slaves as Concubinage, concubines who may have rights similar wives, with the exception of not being free unless the man has children with them, with the requirement that the man is able and willing to partition his time and wealth equally among the respective wives and concubines (this practice of concubinage, as in Judaism, is not applicable in contemporary times and has been deemed by scholars as invalid due to shifts in views about the role of slavery in the world).
For a Muslim wedding to take place, the bridegroom and the guardian of the bride (''wali'') must both agree on the marriage. Should the guardian disagree on the marriage, it may not legally take place. If the ''wali'' of the girl is her father or paternal grandfather, he has the right to force her into marriage even against her proclaimed will, if it is her first marriage. A guardian who is allowed to force the bride into marriage is called ''Marriage in Islam#Conditions, wali mujbir''.
From an Islamic (Sharia) law perspective, the minimum requirements and responsibilities in a Muslim marriage are that the groom provide living expenses (housing, clothing, food, maintenance) to the bride, and in return, the bride's main responsibility is raising children to be proper Muslims. All other rights and responsibilities are to be decided between the husband and wife, and may even be included as stipulations in the marriage contract before the marriage actually takes place, so long as they do not go against the minimum requirements of the marriage.
In Sunni Islam, Islamic marital jurisprudence, marriage must take place in the presence of at least two reliable witnesses, with the consent of the guardian of the bride and the consent of the groom. Following the marriage, the couple may consummate the marriage. To create an 'urf marriage, it is sufficient that a man and a woman indicate an intention to marry each other and recite the requisite words in front of a suitable Muslim. The wedding party usually follows but can be held days, or months later, whenever the couple and their families want to; however, there can be no concealment of the marriage as it is regarded as public notification due to the requirement of witnesses.
In Shia Islam, marriage may take place without the presence of witnesses as is often the case in temporary
Nikah mut‘ah
''Nikah mut'ah'' ar, نكاح المتعة, nikāḥ al-mutʿah, literally "pleasure marriage"; temporary marriage or Sigheh ( fa, صیغه ، ازدواج موقت) is a private and verbal temporary marriage contract that is practiced in Tw ...
(prohibited in Sunni Islam), but with the consent of both the bride and the groom. Following the marriage, they may consummate their marriage.
Judaism
In
Judaism
Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the ...
, marriage is based on the laws of the Torah and is a contractual bond between spouses in which the spouses dedicate to be exclusive to one another. This contract is called Erusin, Kiddushin. Though procreation is not the sole purpose, a Jewish marriage is also expected to fulfill the commandment to have children. The main focus centers around the relationship between the spouses. Kabbalah, Kabbalistically, marriage is understood to mean that the spouses are merging into a single soul. This is why a man is considered "incomplete" if he is not married, as his soul is only one part of a larger whole that remains to be unified.
The Hebrew Bible (Christian Old Testament) describes a number of marriages, including those of Isaac, Jacob and Samson. Polygyny, or men having multiple wives at once, is one of the most common marital arrangements represented in the Hebrew Bible; another is that of concubinage (pilegesh) which was often arranged by a man and a woman who generally enjoyed the same rights as a full legal wife (other means of concubinage can be seen in Judges 19-20 where raptio, mass marriage by abduction was practiced as a form of punishment on transgressors). Today Ashkenazi Jews are prohibited to take more than one wife because of a ban instituted on this by Rabbi, Gershom ben Judah (Died 1040).
Among ancient Hebrews, marriage was a domestic affair and not a religious ceremony; the participation of a priest or rabbi was not required.
Betrothal (''erusin''), which refers to the time that this binding contract is made, is distinct from marriage itself (''Jewish wedding, nissu'in''), with the time between these events varying substantially.
In biblical times, a wife was regarded as personal property, belonging to her husband; the descriptions of the Bible suggest that she would be expected to perform tasks such as spinning, sewing, weaving, manufacture of clothing, fetching of water, baking of bread, and animal husbandry. However, wives were usually looked after with care, and men with more than one wife were expected to ensure that they continue to give the first wife food, clothing, and marital rights.
Since a wife was regarded as property, her husband was originally free to divorce her for any reason, at any time. Divorcing a woman against her will was also banned by Gershom ben Judah for Ashkenazi Jews. A divorced couple were permitted to get back together, unless the wife had married someone else after her divorce.
Hinduism
Hinduism sees marriage as a sacred duty that entails both religious and social obligations. Hindu Dharma has prescribed four Puruṣārtha, Purusarthas, that is Dharma, Artha (Wealth), Kama (Desires) and Moksha. The purpose of the marriage sanskar is to fulfill the Purushartha of ‘Kama’ and then gradually advance towards ‘Moksha’. Old Hindu literature in Sanskrit gives many different types of marriages and their categorization ranging from "Gandharva Vivaha" (instant marriage by mutual consent of participants only, without any need for even a single third person as witness) to normal (present day) marriages, to "Rakshasa Vivaha" ("demoniac" marriage, performed by abduction of one participant by the other participant, usually, but not always, with the help of other persons). In the Indian subcontinent, arranged marriage in the Indian subcontinent, arranged marriages, the spouse's parents or an older family member choose the partner, are still predominant in comparison with so-called love marriages until nowadays. The Hindu Widows' Remarriage Act, 1856, Hindu Widow's Remarriage Act 1856 empowers a Hindu widow to remarry.
Buddhism
The Buddhist view of marriage considers marriage a secular affair and thus not a sacrament. Buddhists are expected to follow the civil laws regarding marriage laid out by their respective governments. Gautama Buddha, being a kshatriya was required by Shakyan tradition to pass a series of tests to prove himself as a warrior, before he was allowed to marry.
Sikhism
In a Sikh marriage, the couple walks around the ''Guru Granth Sahib'' holy book four times, and a holy man recites from it in the kirtan style. The ceremony is known as 'Anand Karaj' and represents the holy union of two souls united as one.
Wicca
Wiccan marriages are commonly known as handfastings and is a celebration held by Wiccans. Handfastings is an ancient Celtic ritual which the hands are tied together to symbolize the binding of two lives. It is commonly used in Wicca and Pagan ceremonies, but it has become more mainstream and comes up in both religious and secular vows and readings. Although handfastings vary for each Wiccan they often involve honoring Wiccan gods. Wicca has a common marriage vow "for as long as love lasts" instead of the traditional Christian "till death do us part". The first Wicca marriage took place in 1960, between Frederic Lamond and his wife, Gillian. Wicca's are not limited to the traditional marriages regardless of gender and how long they are willing to commit themselves to a lifelong relationship.
Sex is considered a pious and sacred activity for the Wiccans. In some traditions sex is ritualized in performing in the form of the Great Rite, whereby a High Priest and High Priestess invoke the God and Goddesses to possess them before performing sexual intercourse with one another. It is to raise magical energy for the use of spell work. It is said that it is used symbolically, using the athame to symbolize the penis and the chalice to symbolize the vagina.
Health and income
Marriages are correlated with better outcomes for the couple and their children, including higher income for men, better health and lower mortality. Part of these effects is due to the fact that those with better expectations get married more often. According to a systematic review on research literature, a significant part of the effect seems to be due to a true causal effect. The reason may be that marriages make particularly men become more future-oriented and take an economic and other responsibility of the family. The studies eliminate the effect of selectivity in numerous ways. However, much of the research is of low quality in this sense. On the other hand, the causal effect might be even higher if money, working skills and parenting practices are endogenous. Married men have less drug abuse and alcohol use and are more often at home during nights.
Health
Marriage, like other close relationships, exerts considerable influence on health. Married people experience lower morbidity and mortality across such diverse health threats as cancer, Myocardial infarction, heart attacks, and surgery. Research on marriage and health is part of the broader study of the benefits of social relationships.
Social ties provide people with a sense of identity, purpose, belonging, and support. Simply being married, as well as the quality of one's marriage, have been linked to diverse measures of health.
The health-protective effect of marriage is stronger for men than women. Marital status—the simple fact of being married—confers more health benefits to men than women.
Women's health is more strongly impacted than men's by marital conflict or satisfaction, such that unhappily married women do not enjoy better health relative to their single counterparts. Most research on marriage and health has focused on heterosexual couples; more work is needed to clarify the health impacts of same-sex marriage.
Divorce and annulment
In most societies, the death of one of the partners terminates the marriage, and in monogamous societies, this allows the other partner to remarry, though sometimes after a waiting or mourning period.
In some societies, a marriage can be annulment, annulled, when an authority declares that a marriage never happened. Jurisdictions often have provisions for void marriages or voidable marriages.
A marriage may also be terminated through
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991), Ireland (1996), Chile (2004) and Malta (2011). As of 2012, the Philippines and the Vatican City are the only jurisdictions which do not allow divorce (this is currently under discussion in Philippines). After divorce, one spouse may have to pay
alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial suppo ...
. Divorce law by country, Laws concerning divorce and the ease with which a divorce can be obtained vary widely around the world. After a divorce or an annulment, the people concerned are free to remarry (or marry).
A statutory right of two married partners to mutually consent to divorce was enacted in western nations in the mid-20th century. In the United States, no-fault divorce was first enacted in California in 1969 and the final state to legalize it was New York in 1989.
About 45% of marriages in Britain and, according to a 2009 study, 46% of marriages in the U.S. end in divorce.
History
The history of marriage is often considered under History of the family or legal history.
Ancient world
Ancient Near East
Many cultures have legends concerning the origins of marriage. The way in which a marriage is conducted and its rules and ramifications have changed over time, as has the institution itself, depending on the culture or demographic of the time.
The first recorded evidence of marriage ceremonies uniting a man and a woman dates back to approximately 2350 BC, in ancient Mesopotamia. Wedding ceremonies, as well as dowry and divorce, can be traced back to Mesopotamia and Babylonia.
According to ancient Hebrew tradition, a wife was seen as being property of high value and was, therefore, usually, carefully looked after. Early nomadic communities in the middle east practiced a form of marriage known as ''Beena marriage, beena'', in which a wife would own a tent of her own, within which she retains complete independence from her husband;William Robertson Smith, ''Kinship and Marriage in early Arabia'', (1885), 167 this principle appears to survive in parts of early Israelite society, as some early passages of the Bible appear to portray certain wives as each owning a tent as a personal possession (specifically, Jael, Sarah, and Jacob's wives).
The husband, too, is indirectly implied to have some responsibilities to his wife. The Covenant Code orders "If he take him another; her food, her clothing, and her duty of marriage, shall he not diminish(or lessen)". If the husband does not provide the first wife with these things, she is to be divorced, without cost to her. The Talmud interprets this as a requirement for a man to provide food and clothing to, and have sex with, each of his wives. However, "duty of marriage" is also interpreted as whatever one does as a married couple, which is more than just sexual activity. And the term diminish, which means to lessen, shows the man must treat her as if he was not married to another.
As a polygyny, polygynous society, the Israelites did not have any laws that imposed marital fidelity on men. However, the prophet Malachi states that none should be faithless to the wife of his youth and that God hates divorce. Adultery, Adulterous married women, adulterous betrothed women, and the men who slept with them, however, were subject to the Capital punishment, death penalty by Adultery#In the Hebrew Bible, the biblical laws against adultery According to the Priestly Code of the Book of Numbers, if a pregnant woman was suspected of adultery, she was to be subjected to the Ordeal of the bitter water, Ordeal of Bitter Water, a form of trial by ordeal, but one that took a miracle to convict. The literary prophets indicate that adultery was a frequent occurrence, despite their strong protests against it, and these legal strictness's.
Classical Greece and Rome
In ancient Greece, no specific civil ceremony was required for the creation of a heterosexual marriage – only mutual agreement and the fact that the couple must regard each other as husband and wife accordingly. Men usually married when they were in their 20s and women in their teens. It has been suggested that these ages made sense for the Greeks because men were generally done with military service or financially established by their late 20s, and marrying a teenage girl ensured ample time for her to bear children, as life expectancies were significantly lower. Married Greek women had few rights in ancient Greek society and were expected to take care of the house and children. Time was an important factor in Greek marriage. For example, there were superstitions that being married during a full moon was good luck and Greeks married in the winter in honor of Hera. Inheritance was more important than feelings: a woman whose father dies without male heirs could be forced to marry her nearest male relative – even if she had to divorce her husband first."Marriage, a History." ''Psychology Today'', 1 May 2005
There were several types of marriages in ancient Roman society. The traditional ("conventional") form called ''conventio in manum'' required a ceremony with witnesses and was also dissolved with a ceremony. In this type of marriage, a woman lost her family rights of inheritance of her old family and gained them with her new one. She now was subject to the authority of her husband. There was the free marriage known as ''sine manu''. In this arrangement, the wife remained a member of her original family; she stayed under the authority of her father, kept her family rights of inheritance with her old family and did not gain any with the new family. The minimum age of marriage for girls was 12.
Germanic tribes
Among ancient Germanic peoples, Germanic tribes, the bride and groom were roughly the same age and generally older than their Roman counterparts, at least according to Tacitus:
The youths partake late of the pleasures of love, and hence pass the age of puberty unexhausted: nor are the virgins hurried into marriage; the same maturity, the same full growth is required: the sexes unite equally matched and robust, and the children inherit the vigor of their parents.
Where Aristotle had set the prime of life at 37 years for men and 18 for women, the Visigothic Code, Visigothic Code of law in the 7th century placed the prime of life at 20 years for both men and women, after which both presumably married. Tacitus states that ancient Germanic brides were on average about 20 and were roughly the same age as their husbands. Tacitus, however, had never visited the German-speaking lands and most of his information on Germania comes from secondary sources. In addition, Anglo-Saxons, Anglo-Saxon women, like those of other Germanic tribes, are marked as women from the age of 12 and older, based on archaeological finds, implying that the age of marriage coincided with puberty.
Europe
From the Early Christianity, early Christian era (30 to 325 CE), marriage was thought of as primarily a private matter, with no uniform religious or other ceremony being required. However, bishop Ignatius of Antioch writing around 110 to bishop Polycarp of Smyrna exhorts, "[I]t becomes both men and women who marry, to form their union with the approval of the bishop, that their marriage may be according to God, and not after their own lust."
In 12th-century Europe, women took the surname of their husbands and starting in the second half of the 16th century parental consent along with the church's consent was required for marriage.
With few local exceptions, until 1545, Christian marriages in Europe were by mutual consent, declaration of intention to marry and upon the subsequent physical union of the parties.Excerpt from Marriage, Sex, and Civic Culture in Late Medieval London "the sacramental bond of marriage could be made only through the freely given consent of both parties." The couple would promise verbally to each other that they would be married to each other; the presence of a priest or witnesses was not required. This promise was known as the "verbum." If freely given and made in the present tense (e.g., "I marry you"), it was unquestionably binding; if made in the future tense ("I will marry you"), it would constitute a Engagement, betrothal.
In 1552 a wedding took place in Zufia, Kingdom of Navarre, Navarre, between Diego de Zufia and Mari-Miguel following the custom as it was in the realm since the Middle Ages, but the man denounced the marriage on the grounds that its validity was conditioned to "riding" her ("''si te cabalgo, lo cual dixo de bascuence (...) balvin yo baneça aren senar içateko''"). The tribunal of the kingdom rejected the husband's claim, validating the wedding, but the husband appealed to the tribunal in Zaragoza, and this institution annulled the marriage. According to the Fueros of Navarre, Charter of Navarre, the basic union consisted of a civil marriage with no priest required and at least two witnesses, and the contract could be broken using the same formula. The Church in turn lashed out at those who got married twice or thrice in a row while their formers spouses were still alive. In 1563 the Council of Trent, twenty-fourth session, required that a valid marriage must be performed by a priest before two witnesses.
One of the functions of churches from the Middle Ages was to register marriages, which was not obligatory. There was no state involvement in marriage and personal status, with these issues being adjudicated in ecclesiastical courts. During the Middle Ages marriages were arranged, sometimes as early as birth, and these early pledges to marry were often used to ensure treaties between different royal families, nobles, and heirs of fiefdoms. The church resisted these imposed unions, and increased the number of causes for nullification of these arrangements. As Christianity spread during the Roman period and the Middle Ages, the idea of free choice in selecting marriage partners increased and spread with it.
In Middle Ages, Medieval Western Europe, later marriage and higher rates of definitive celibacy (the so-called "European marriage pattern") helped to constrain patriarchy at its most extreme level. For example, England in the Middle Ages, Medieval England saw marriage age as variable depending on economic circumstances, with couples delaying marriage until the early twenties when times were bad and falling to the late teens after the Black Death, when there were labor shortages; by appearances, marriage of adolescents was not the norm in England. Where the strong influence of classical
Celtic
Celtic, Celtics or Keltic may refer to:
Language and ethnicity
*pertaining to Celts, a collection of Indo-European peoples in Europe and Anatolia
**Celts (modern)
*Celtic languages
**Proto-Celtic language
* Celtic music
*Celtic nations
Sports Fo ...
and Germanic peoples, Germanic cultures (which were not rigidly patriarchal) helped to offset the Judaeo-Roman patriarchal influence, in Eastern Europe the tradition of early and universal marriage (often in early adolescence), as well as traditional Slavs, Slavic patrilocal custom, led to a greatly inferior status of women at all levels of society.
The average age of marriage for most of Western European marriage pattern, Northwestern Europe from 1500 to 1800 was around Hajnal line, 25 years of age;Laslett, Peter. (1965). The World We Have Lost. New York: Charles Scribner's Sons. p. 82, . as the Church dictated that both parties had to be at least 21 years of age to marry without the consent of their parents, the bride and groom were roughly the same age, with most brides in their early twenties and most grooms two or three years older, and a substantial number of women married for the first time in their thirties and forties, particularly in urban areas, with the average age at first marriage rising and falling as circumstances dictated. In better times, more people could afford to marry earlier and thus fertility rose and conversely marriages were delayed or forgone when times were bad, thus restricting family size; after the Black Death, the greater availability of profitable jobs allowed more people to marry young and have more children, but the stabilization of the population in the 16th century meant fewer job opportunities and thus more people delaying marriages.
The age of marriage was not absolute, however, as child marriages occurred throughout the Middle Ages and later, with just some of them including:
* The 1552 CE marriage between John Somerford and Jane Somerford Brereto, at the ages of 3 and 2, respectively.
* In the early 1900s, Magnus Hirschfeld surveyed the age of consent in about 50 countries, which he found to often range between 12 and 16. In the Vatican City, Vatican, the age of consent was 12.
As part of the Reformation, Protestant Reformation, the role of recording marriages and setting the rules for marriage passed to the state, reflecting Martin Luther's view that marriage was a "worldly thing". By the 17th century, many of the Protestantism, Protestant European countries had a state involvement in marriage.
In England, under the Anglican Church, marriage by consent and cohabitation was valid until the passage of Marriage Act 1753, Lord Hardwicke's Act in 1753. This act instituted certain requirements for marriage, including the performance of a religious ceremony observed by witnesses.''West's Encyclopedia of American Law, 2nd Edition.'' Thomson Gale, 2005.
As part of the Counter-Reformation, in 1563 the Council of Trent decreed that a Catholic Church, Roman Catholic marriage would be recognized only if the marriage ceremony was officiated by a priest with two witnesses. The Council also authorized a Catechism, issued in 1566, which defined marriage as "The conjugal union of man and woman, contracted between two qualified persons, which obliges them to live together throughout life."
In the early modern period, John Calvin and his Protestantism, Protestant colleagues reformulated Christian marriage by enacting the Marriage Ordinance of Geneva, which imposed "The dual requirements of state registration and church consecration to constitute marriage" for recognition.
In England and Wales, Lord Hardwicke's Marriage Act 1753 required a formal ceremony of marriage, thereby curtailing the practice of Fleet Marriage, an irregular or a clandestine marriage. These were clandestine or irregular marriages performed at Fleet Prison, and at hundreds of other places. From the 1690s until the Marriage Act of 1753 as many as 300,000 clandestine marriages were performed at Fleet Prison alone. The Act required a marriage ceremony to be officiated by an Anglican priest in the Anglican Church with two witnesses and registration. The Act did not apply to Jewish marriages or those of Quakers, whose marriages continued to be governed by their own customs.
In England and Wales, since 1837, civil marriages have been recognized as a legal alternative to church marriages under the Marriage Act 1836. In Germany, civil marriages were recognized in 1875. This law permitted a declaration of the marriage before an official clerk of the civil administration, when both spouses affirm their will to marry, to constitute a legally recognized valid and effective marriage, and allowed an optional private clerical marriage ceremony.
In contemporary English law, English common law, a marriage is a voluntary
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
by a man and a woman, in which by agreement they choose to become husband and wife. Edvard Westermarck proposed that "the institution of marriage has probably developed out of a primeval habit".
Since the late twentieth century, major social changes in Western countries have led to changes in the demographics of marriage, with the age of first marriage increasing, fewer people marrying, and more couples choosing to Cohabitation, cohabit rather than marry. For example, the number of marriages in Europe decreased by 30% from 1975 to 2005. As of 2000, the average marriage age range was 25–44 years for men and 22–39 years for women.
China
The mythological origin of Chinese marriage is a story about Nüwa and Fu Xi who invented proper marriage procedures after becoming married. In ancient Chinese society, people of the same surname are supposed to consult with their family trees prior to marriage to reduce the potential risk of unintentional incest. Marrying one's maternal relatives was generally not thought of as incest. Families sometimes intermarried from one generation to another. Over time, Chinese people became more geographically mobile. Individuals remained members of their biological families. When a couple died, the husband and the wife were buried separately in the respective clan's graveyard. In a maternal marriage, a male would become a son-in-law who lived in the wife's home.
The New Marriage Law of 1950 radically changed Chinese marriage traditions, enforcing monogamy, equality of men and women, and choice in marriage;
arranged marriage
Arranged marriage is a type of marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures a professional matchmaker may be us ...
s were the most common type of marriage in China until then. Starting October 2003, it became legal to marry or divorce without authorization from the couple's work units. Although people with infectious diseases such as AIDS may now marry, marriage is still illegal for the mentally ill.
See also
* Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
* List of countries by marriage rate
* Marriage certificate
* Relationship science
Photos from a College Historical Society debate on the role of marriage, featuring Senator David Norris (politician), David Norris and Senator Rónán Mullen.
* Chris Knight. Early Human Kinship Was Matrilineal " In N. J. Allen, H. Callan, R. Dunbar and W. James (eds.), ''Early Human Kinship''. Oxford: Blackwell, pp. 61–82.
by Emanuel Swedenborg (Swedenborg Society 1953)
{{Authority control
Marriage,
Demography
Family
Kinship and descent
Mating
Philosophy of love
Social institutions