JIMS ENGINEERING MANAGEMENT TECHNICAL CAMPUS – JEMTEC
(AFFILATED TO GURU GOBIND SINGH INDRAPASTHA UNVERSITY, NEW DELHI )
Sociology- 2 Assignment
EFFORTS BY : ANKIT KUMAR
TOPIC : Marriage
ENROLMENT NO. : 4725503821
COURSE : BA LLB SEMISTE : 2nd
SUBMITTED TO : Dr Richa Shrivastava
ACKNOWLEDGEMENT .
I would like to express my greatest appreciation to the all individuals who have
helped and supported me throughout the project. Firstly, thanking Almighty to
guide us to the path of righteousness.
I am thankful to my sociology Professor Dr Richa Shrivastava for her ongoing
support during the project, from initial advice, and encouragement, which led to
the final report of this project.
I wish to thank my parents as well for their undivided support and interest who
inspired me and encouraged me to go my own way, without whom I would be
unable to complete my project.
At the end, I want to thank my best friend who always lends me a helping hand
leading to the ultimate success of this project.
THANK YOU!
Index
S.No. Topics Page
no.
1. INRTRODUCTION 4
2. DEFINITION 5
3. KAPADIA (1966) 9
4.
CHANGE IN HINDU MARRIAGE LAW 10
5. MARRIAGE IN MUSLIM 12
6. MARRIAGE IN CHRISTIANS 14
7. CONCLUSION 15
Introduction
Marriage is a relationship between individuals which has formed the
foundation of the family for most societies. Marriage can include legal,
social, and religious elements. In Western societies, marriage has
traditionally been understood as a social contract between a man (husband)
and a woman (wife), while in other parts of the world polygamy has been the
most common form of marriage. Usually this has taken the form
of polygyny (a man having several wives) but some societies have
practised polyandry (a woman having several husbands). In some western
societies today, same-sex marriages or civil partnerships are legally
recognized, but remain a highly controversial issue in most.
DEFINATION
Precise definitions vary historically and between and within cultures: modern
understanding emphasizes the legitimacy of sexual relations in marriage, yet the
universal and unique attribute of marriage is the creation of affinal ties (in-laws).
Traditionally, societies encourage one to marry "out" far enough to strengthen the
ties, but "close" enough so that the in-laws are "one of us" or "our kind". One
exception to this rule is found in the marriage of royalty, who strengthen their aid
through concentration of wealth rather than through affinal ties. Even in this case,
the individual was often encouraged to marry "within" close family limits
Marriage remains important as the socially sanctioned bond in a sexual relationship. Marriage is
usually understood as a male-female relationship designed to produce children and successfully
socialize them. Historically, most societies have allowed some form of polygamy. The West is a
major exception. Europe and the United States have defined themselves as monogamous
cultures. This was in part a Germanic cultural tradition, a requirement of Christianity (after the sixth
century CE), and a mandate of Roman Law. However, Roman Law supported prostitution,
concubinage, sex outside of marriage, homosexual sex, and sexual access to slaves. The
Christian West formally banned these practices.
Globally, most existing societies no longer allow polygamy as a form of marriage. For example,
China shifted from allowing polygamy to supporting only monogamy in the 1953 Marriage act after
the Communist revolution. Most African and Islamic societies continue to allow polygamy (around
2.0 billion people). This includes India where polygamy is permitted for Muslim citizens. Probably,
less than 3% of all Muslim marriages are polygamous. It is increasingly expensive in an Urban
setting, but more useful in rural areas where children are a future source of agricultural labor. Most
of the world's population now live in societies where polygamy is less common and marriages are
overwhelmingly monogamous.
Since the later decades of the 20th century many traditional assumptions about the nature and
purpose of marriage and family have been challenged, in particular by gay rights advocacy groups,
who disagree with the notion that marriage should be exclusively heterosexual. Some people also
argue that marriage may be an unnecessary legal fiction. This is part of the general disruption of
traditional families in the West. Since WWII the West has seen a dramatic increase in divorce (6%
to over 40% of first marriages), cohabitation without marriage, a growing unmarried population,
and children born outside of marriage (5% to over 33% of births), as well as an increase in adultery
(8% to over 40%). A system of somewhat serial monogamy has de facto emerged. Still, legally
recognized non-monogamous marriage arrangements are extremely rare.
In modern times, the term marriage is generally reserved for a union that is formally recognized by
the state (although some people disagree). The phrase legally married can be used to emphasize
this point. In the United States there are two methods of receiving state recognition of a
marriage: common law marriage and obtaining a marriage license. The majority of US states do
not recognize common law marriage. Many localities do support various types of domestic
partnerships.
Since the 12th century, marriage or holy matrimony has been a sacrament in the Catholic Church,
as well as other Orthodoxies, where it is defined as a relationship between a man and a woman.
The Protestant Reformation reformulated marriage as a life-long covenant. Marriage of some kind
is found in most societies, and typically married people form a nuclear household, which is often
subsequently extended biologically, through children. In the West the nuclear family emerged after
1100. Most non-Western societies have a broader definition of family that includes an extended
family network. Alternatively, people may choose to be "childfree". Finally, they may be childless
due to infertility, and possibly seek treatment or consider adoption. The term wedlock is a
synonym for marriage, and is mainly used in the phrase "out of wedlock" to describe a child born of
parents who were not married (see illegitimacy).
Marriage was considered sacred because of
several reasons
(i) Dharma was the highest aim of marriage;
(ii) Performance of marriage ceremony included certain rites (like havan, kanyadan,
panigrahana, saptapadi, etc.) which were considered sacred;
(iii) Rites were performed before sacred god Agni by reciting mantras from sacred
scriptures Vedas by a sacred Brahmin;
(iv) Union (between man and woman) was considered indissoluble and irrevocable;
and
(v) Emphasis was on chastity of the woman and faithfulness of the man.
(vi) Even today, the sanctity of the marriage is recognised by Hindus in spite of the
fact that marriage is performed for companionship and not for performing duties,
and whenever found a failure, it is dissolved by divorce. Mutual fidelity and
devotion to partner are still considered to be the essence of marriage.
Kapadia (1966) has said:
Hindu marriage continues to be a sacrament; only it is raised to an ethical plane.” In simple words,
marriage in Hindu culture is a spiritual union between a man and a woman for spiritual realisation.
Hindu culture also recognises (besides the above-mentioned Brahma marriage) seven other forms
of marriage with lesser and lower ideals.
The four of these marriages—(entering into sex before getting the social sanction of society), Asura
(eloping with a woman), Rakshasya (forcibly abducting a woman from her home) and Paisacha
(man molesting a girl when she is asleep or intoxicated or in a state of unbalanced mind)—had such
a low ideal that they were termed as Adharmik marriages.
The remaining three —Daiva (woman is married to a priest, a man of intellect and money, be-
longing to an aristocratic class), Prajapatiya (entering wedlock for biological function of sex
satisfaction and having children) and Arsha (woman marrying a man of intellect and character
(sage) who is reluctant to enter marriage, so that she may get intelligent progeny and good home
environment)—were given the label of Dharmik marriages. The main reason for recognising the
four A dharmik marriages as marriages was to confer the respectful status of a wife on the ‘injured’
woman.
The regulation of mate selection in Hindu society is subsumed under the concepts of endogamy,
exogamy and hypergamy. Endogamy is a social rule that requires a person to select the spouse from
within the caste and sub-caste; exogamy forbids selection from the same gotra and sapindas (i.e.,
cousins like chachera, mamera, phuphera and mausera); and according to hypergamy, a boy from
the upper caste can marry a girl from the lower caste and vice-versa.
In early society, caste endogamy was functional because it preserved the occupational secrets of the
caste, maintained the solidarity of the caste and checked decrease in the membership or strength of
the caste. In the present society, though it makes marital adjustment easier, yet it has proved to be
dysfunctional in some ways since it creates inter-caste tensions which adversely affect the political
unity of the country, makes field of mate-selection limited and circumscribed, and creates
problems of dowry, child marriage, etc.
The exogamous taboos, according to Valvalkar, were designed for restricting free marital relations
between parents and offspring and between siblings. Kane has maintained that exogamous
restrictions were imposed for preventing transmission of family defects through heredity and for
the fear that there may be clandestine love affairs and consequent loss of morals.
However, these arguments are not accepted today for the reasons that decay of lineage is not
reported among non-Hindu communities (say, Muslims) who practise cousin marriages. Kapadia
has said that the rule of sapinda exogamy was of the nature of a pious recommendation and
remained so till the end of the eighth century. Today, though this rule is followed by and large by
all Hindus, yet cases of cousin marriages are not unknown.
The mate selection today involves three important issues: party to selection, criteria of selection,
and field of selection. While earlier mates for children were selected by parents, now children
believe in joint selection by parents and children, though cases of individual selection (i.e., selec-
tion by children themselves) are not rare. The criteria of selecting mates by parents are quite
different from those of children.
Changes in Hindu Marriage System
Changes in marriage system among Hindus may be analysed in seven areas: object
of marriage, process of mate selection, form of marriage, age of marriage, economic
aspect of marriage (dowry), stability of marriage (divorce), and widow remarriage.
Of these, we have already discussed change in two areas in earlier pages, viz.,
change in the object of marriage (from dharma to companionship), and change in
mate selection (party, criteria, and field of selection).
Change in the form of marriage refers to change from polygyny to monogamy and
change in age of marriage points out change from pre-puberty marriages to post-
puberty marriages. The remaining three changes may be examined by analysing
marriage legislation.
Marriage among Muslims:
Muslim society is stratified not only among Shias and Sunnis but also among Ashraf (Saiyed,
Sheikh, Pathan, etc.), Azlab (Momins, Mansooris, Ibrahims, etc.) and Arzal (Halalkhor, etc.). The
Ashrafs are the noble- born, the Azlabs are low-born, and the Arzals are the lowest of all. All these
groups are endogamous and inter-marriages among them are condemned and discouraged.
Muslim marriage, called nikah, unlike the sacramental marriage of the Hindus, is considered to be
a civil contract. Its important objectives are: control over sex, procreation of children and
perpetuation of family, upbringing of children, and ordering of domestic life. S.C. Sarkar also
maintains that marriage among Muslims is a civil contract. But it will be wrong to say that Muslim
marriage has no religious duty. It is devotion and an act of ibaddat. Jang (1953) is, therefore, more
correct in maintaining that nikah, though essentially a contract, is also a devotional act. But it is
surely not a sacrament like Hindus.
The proposal is made by the bridegroom to the bride just before the wedding ceremony in the
presence of two witnesses and a Maulvi (priest). For recognising marriage as sahi (regular), it is
necessary that both the proposal and its acceptance must be at the same meeting. Not doing so
makes marriage ‘fasid’ (irregular) but not batil (invalid). Further, female testimony has been
rejected in Muslim marriage.
Fasid marriage can be converted into sahi marriage but not the batil one. Examples of fasid
marriages are absence of witnesses at the time of making and accepting the proposal, fifth marriage
of a man, marriage of a woman during the period when she is undergoing iddat (period of seclusion
for three menstrual periods after husband’s death or divorce), and difference of religion between
husband and wife. Examples of batil marriages are: marriage with a person who worships idol or
fire, polyandry, and marriage with some consanguineous kin (say, father’s sister, mother’s sister,
own sister or brother, sister’s daughter, son’s wife and so on).
The feature of capacity to contract marriage refers to not recognising child marriage or marriage of
a person of an unsound mind. The Shia law gives the right to the guardian of a minor to contract
his/her marriage. The marriage contracted by the fazuli relative of a minor gives the right to the
minor to ratify the marriage on attaining puberty. The practice of ratification and option of
repudiation is called khairulbalig.
Marriage among Christians:
As among Hindus and Muslims, we find stratification among Christians too. The two groups in
which Christians are divided are: Protestants and Catholics. The latter are further subdivided as
Latin and Syrian Christians. All these groups and sub groups are endogamous.
The main object of marriage among Christians, as among Hindus and Muslims, is to get social
sanction for sex relations and procreation. Further, religion also has great significance in Christian
marriage. Christians believe that marriage takes place because of the will of God, and after
marriage man and woman submerge themselves in each other. The three objects of Christian
marriage are believed to be: procreation, escape from fornication (sex relations without marriage),
and mutual help and comfort.
The marriage partners are selected either by parents, or by children, for jointly by parents and
children. However, in 9 out of 10 cases, selection is made and marriage is settled by parents. While
selecting partners, the focus is on avoiding blood relations, and giving importance to social status
of family, character, education, physical fitness, etc.
Restrictions on consanguinity and affinity among Christians and Hindus are almost the same.
Christians have no practice of ‘preferred persons’ like the Muslims. After the engagement
ceremony, the formalities to be fulfilled before the marriage are: producing a certificate of
character, and submitting an application for marriage in the church three weeks before the due
date.
The church priest then invites objections against the proposed marriage and when no objection is
received, marriage date is fixed. The marriage is solemnised in the church and the couple declares
that they take each other as wedded partner in the presence of two witnesses and in the name of
Lord Christ.
