Marriage: Definition, Laws of Marriage, Function of Marriage & Type of Marriage

Marriage is a phenomenon found in all types of societies through the pattern of marriage differs in different societies. It has been generally assumed that the institution of marriage is a universal feature in human societies. Although many sociologists and anthropologists have attempted to provide definitions of marriage, none of them has been satisfactorily and sufficiently general enough to encompass all its various manifestations. This is because marriage is a unique institution of human society that has different implications in different cultures. Marriage by most anthropologists has been described as a universal phenomenon yet the debate continues as to how the marriage came into existence. George Peter Murdock (1949) has defined marriage as a universal institution that involves residential co-habitation, economic co-operation, and the formation of the nuclear family. “Marriage is a union between a man and a woman such that the children born to the woman are recognized as legitimate offspring of both partners”. 

In the early years, In society, all the men had access to all the women, and the children thus, born were the responsibility of the society at large. This slowly gave rise to group marriages to bring regulation and general order in the society where either many men were married to several women or several men were married to a single woman and vice- versa. However, later in the day the natural instinct of jealousy embedded in human beings has been assumed as the reason behind single marriages to restore harmony in a society. 

Laws of Marriage:

Societies have their own norms when it comes to marriage whom to marry and who is out of bounds. In certain societies, there are certain rules of suitability based on which a person has to acquire a mate. While selecting one’s mate one has to follow certain rules and choose the bride/groom within these norms. A man/woman might be prohibited from acquiring a mate who does not fall under the suitable category as for example in the Hindu society a woman belonging to a higher caste cannot marry a man belonging to a caste lower than her. The rules which are preferred but not strictly followed are known as preferential norms. Cross cousin marriage in many societies is seen as a preferential norm.

=> Incest taboo is a universal norm for almost all societies, which pertains to restrictions in marriage and sexual relations among certain categories of close relatives generally related by blood like father and daughter, mother and son, and sometimes also parallel cousins. Though, incest taboo was not prevalent among the earlier Greek and the Hawaiian royal families where it was a prescribed norm for marriage. In these ancient royal families, it was believed that royalty could only be passed down to the child of two royal family members, usually a brother and sister. 

=> The rules of either endogamy or exogamy are also prescribed norms in many societies to which a man has to adhere while acquiring a mate.

Endogamy refers to marriage within a group. Endogamy encompasses marriage within the believers of the same faith or religion, caste in Hindu society, and within members of the same tribe. while exogamy means marriage outside the group. In societies where endogamy is prevalent parallel cousin marriage is the preferential norm. Among such societies marriage between first cousins is permitted, though where the rule of lineage exogamy is practiced cousin belonging to different lineage is preferred.   

=> Hypergamy and Hypogamy:

The norm in Hypergamy is that a man should marry his daughter in a family of higher status than his own. In a hypergamous marriage, a woman marries a superior or an equal; a man should not marry a woman of higher status than himself. Though Hypergamy is prevalent in India it is not universal. In classical Hindu ideology, the bride is considered as a gift or dan. In addition gifts in terms of dowry and materials are also given. The hierarchical relationship between the wife giver and wife receiver may be expressed in commensal activities. Families by adopting hypergamous marriages may improve their rank. Hypergamous marriages when repeated by wife givers and wife receivers may lead to consolidation of affinal relationships.

The norm in the hypergamous system is that a man should marry a woman of higher status than his own. In such a case the wife giver has a higher status than the Wife receiver. Such a type of marriage has been chronicled in Myanmar where commoners married women of aristocratic lineages.

Types of Marriages:

Depending on the type of society, the marriage pattern and style also vary. The types of marriages universally found, are (a) Monogamy and (b) Polygamy. 

=> Monogamy: Monogamy is a form of marriage in which the practice is to have only one spouse at one time. In the western world, the divorce rate is increasingly higher and serial monogamy is witnessed. Serial monogamy pertains to a state where a man has a series of wives one after the other, but only one wife at any given point of time. Thus, in the United States where the divorce rate is high but only monogamy is legal, serial monogamy is widely noticed. In societies like the Hindu society of India monogamy pertains to non-serial monogamy where a man has a single wife throughout his life. In such societies the divorce rate is rare and as such, it is the preferred norm.

=> Polygamy: Polygamy is a term derived from the Greek word polys Gamos meaning often married. It is a form of marriage in which an individual has more than one spouse at any given time, or married to more than one individual. In polygamy when a marriage involves one man with many women, it is known as polygyny. The wives of a man if sisters or related then such a marriage is known as sororal polygyny. In many Islamic countries, this practice is prevalent. In some Australian Aboriginal societies, the elder brother often marries the two eldest sisters. While the younger sisters of the wives’ would also marry their sisters’ husband’s younger brother or brothers. This is said to create a clear advantage in power and self-sufficiency in these societies. 

=> Polyandry: Polyandry derives its name from the Greek word poly ‘many’ and Andros ‘man’. Thus, in this type of marriage, a woman is married to more than one man. Societies, where polyandry has been found, are Tibet, Canadian Arctic, northern parts of Nepal, Nigeria, Bhutan, parts of India, and Sri Lanka. It is also encountered in some regions of Mongolia, among the Mosuo people in China, and in some societies of Sub-Saharan African such as the Maasai people in Kenya and northern Tanzania and American indigenous communities. Polyandry has been practiced in several cultures - in the Jaunsar-Bawar region in Uttarakhand, among the Nairs, Theeyas and Todas of South India, and the Nishi of Arunachal Pradesh. 

=> Fraternal polyandry refers to a marriage in which a woman is married to two or more brothers also known as adelphic polyandry. The term fraternal has its origin in the Latin term frater- ‘brother’. An account of Fraternal polyandry in Indian Hindu society is seen in the great epic Mahabharata where the five Pandava brothers were married to princess Draupadi. Polyandry is found in certain regions of Tibet and Nepal as a socially accepted practice.

=> When the husbands of a woman are father and son such a marriage is known as familial polyandry. It is a very rare form of polyandry and has been found prevalent among the Tibetians. There are many speculations for such a marriage and one of them relates to the small population size of the Tibetans and the high altitude in which they live. A wife, taken from other communities who live in the low lands, it becomes difficult for her to adjust to the harsh climatic conditions and as such sharing a wife by father and son is taken up as an option.

Ways of Acquiring a Mate:

Marriage as the term implies has a lot of connotation in different societies. It does not just mean a man finding a girl to be his wife. Herein, we would outline some of the prescribed customs in societies through which a man can acquire a mate.

=> Marriage by negotiation: is a very frequently practiced way of acquiring a mate. It is found in most of the simple societies like the Ituri of Congo region in Africa, Siwai of Soloman Islands, the aboriginals of Australia, Andamanese of Andaman Islands, and also in complex societies like the Hindu society of India, China, Japan, Europe, and America. In such a system either the girl’s family or the boy’s family puts forward a proposal for marriage through a third party or mediator. This third party is generally someone known to both the would-be bride and groom’s family. In the Indian context, it is also known as the arranged marriage.

=> Marriage by exchange: also forms a part of the marriage by negotiation system. Herein, such a system the bride price or bridewealth, whichever is applicable to the society, is waived off by marriage through the exchange. This happens generally if there are daughters or sisters for exchange for the grooms. This helps in not only forming an alliance but also strengthens the bond between groups. Examples of such exchanges are seen is societies of Australia, Melanesia, Tive of Nigeria, and also in some of the tribes in India- Muria Gonds, Baiga of Buster, and the Koya and the Saora of Andhra Pradesh.  

=> Marriage by service: is found among some of the tribes in North East India. Among the Nagas of North East India, the bridewealth forms a part of the marriage negotiation and if the groom’s party is not able to pay the bridewealth then the compensation is through service. The boy works for the bride’s family and only when the bride’s family is satisfied that the marriage is solemnized.

=> Marriage by probation: involves the consent of the bride's parents along with the girl's consent wherein the groom stays at the bride’s place on a trial basis. Herein, the groom is allowed to stay with the girl so that they both get to know each other’s temperament and if the girl likes the boy the marriage takes place, else the boy has to pay compensation in cash to the girl’s family. Among the Kukis of Manipur of India, such a marriage is a practiced norm.

=> Marriage by capture: is found in many societies. The capture can be a physical capture or a ceremonial one. Among the tribes of Yahomamo of Venezuela, Northern Brazil, and the Nagas of Nagaland in India during raids the men from one village capture and take home females of the other village and marry them as wives. Such a situation is ascribed as physical capture. In ceremonial capture, a boy desiring to marry a girl propositions her in a community fair or festival and makes his intentions towards her known by either holding her hand or marking her with vermillion as in the case of Kharia and the Birhor of Bihar.

=> Marriage by intrusion: is a type of marriage wherein a girl forces her way into the boy’s house and forces him to accept her as his spouse. Such marriages are seen in Birhor and Ho of Bihar and also among the Kamars of Madhya Pradesh.

=> Marriage by trial: is a process in which the groom has to prove his strength and valor while claiming his bride. In the two great Indian epics Mahabharata and the Ramayana we have examples of how Draupadi and Sita were claimed by Arjuna and Lord Rama after they proved their skills in the Swayamvar. Such marriages by the trail are still found in many societies in India and some of the examples are the Bhils of Rajasthan and the Nagas of Nagaland.

=> Marriage by Elopement: is a customary marriage in some societies whereas looked down on in others. In societies where a huge amount of wealth is required for the marriage rituals and which is usually difficult for the families to bear in such societies, marriage by elopement has come up as a customary practice. Such marriage is quite an in vogue among the Karbis of Karbi Anglong district of Assam. 

Divorce: 

Divorce is the situation wherein the husband and wife separate and gives up the vows of marriage. It can happen due to many reasons and the most common one is the incompatibility of the two partners. Divorce is a situation that can be unpleasant and painful for both the parties as it leads not only to the physical separation of two people but all that has been build up during the time together like a family, children, and material objects. Divorce is also a universally accepted norm as marriage. 

FUNCTIONS OF MARRIAGE:

Marriage is a sanction for two people to spend their lives together and it has many implications and functions related to it. Some of the functions are mentioned herein.

=> Biological Function: The most important function of marriage is to beget children. The society gives recognition to children born out of wedlock and the children thus born are ascribed status as per the norms of the society. A society basically channelizes sexual rights through the institution of marriage and it helps in mating within the rules and regulations as ascribed by society. This helps in maintaining the norms of incest taboo also.

=> Economic Functions: In order to do away with the discrimination of labor by sex, marriage comes in as a protective measure wherein the men share their produce with the wives. Marriage leads to an economic co-operation between men and women ensuring the survival of every individual in a society.

=> Social Function: Marriage is the way of forming a family. A marriage sanctions the status of both husband and wife in society and thus, they are also collectively accepted by society as husband and wife. In many societies, there are norms where only a married person can take part in the rituals. For example, in Hindu society, there is a ritual during a wedding in which the bride is blessed with oil. In this ceremony, at least seven married women hold a ring with the tip of their right-hand forefinger on the bride’s head. The oil then is poured on this ring by the married women. It is believed that the oil which pours down from the head to below takes away all the evil and brings in good luck to the would-be husband and wife. 

DEVIATIONS IN MARRIAGE: 

Till now we have discussed the general trend that we had seen in the societies so far that has been observed and written by anthropologists at different times. Here in this section, we would discuss the deviations in the marriage rules and the coming up of new types of kinship and family due to a change in the pattern of mate selection. In the present era, two new types of relationships have emerged which were not prominent in the earlier days – lesbian and gay relationships. 

=> A lesbian relationship is based on the liking of a girl for another girl instead of a man as it happens in the normal course. Anthropologist Gill Shepherd explored female sexual relationships among Swahili Muslims in Mombasa, Kenya, and found that relationships between females were perfectly acceptable, as were relationships between men. Women were allowed to choose other women as sexual partners after they are married, so many such women also have a husband at home or are widowed or divorced.  In other cases, in the present day, a woman has sanctioned by law to take up another woman as legally wedded. Such marriages are certified by law in a few American States like Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, plus Washington, D.C., and the Coquille Indian Tribe in Oregon. In 2005 Canada through the enactment of the civil marriage act became the fourth country in the world to accept same-sex marriages.

=> A gay relationship is based on a man having a liking for other men commonly known as homosexual relationships. In Nicaragua, the ideal for masculinity is “machismo”, and is described as a man who is dominant, active, and violent. Greek mythology and Greek history are galore with reference to homosexual relationships. One example is the story of Apollo and Hyacinthus; Apollo fell in love with a mortal boy, Hyacinthus, and became a mentor to the youth. He taught Hyacinthus the art of war and sports and visited him often. Other Greek gods and Greek heroes have stories attributed to them about their same-sex relationships, Zeus and Hercules among them.

Conclusion:

We can sum up the unit by stating that marriage is a universal phenomenon ascribed and preferred in all human societies. The type of marriage and ways of acquiring a mate varies from society to society. Marriage has a legal sanction to it and the children born of wedlock are always accepted by society. It is the means of achieving economic and social security for the wife and the children. In course of time marriage has seen many changes like lesbian and gay weddings but till date, it is very much a part of society, though at times debates have arisen for the need of marriage when two people are willing to live together.