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Marriage

Marriage

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 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 in the form of polygyny (a man taking several wives) but occasionally in the form of polyandry (a woman taking several husbands). In some western societies today, same-sex marriage is recognized yet remains a controversial issue.

Definitions

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. (Further discussion and reference: Marvin Harris, late, Professor of Anthropology, Columbia University) Marriage remains important as the socially sanctioned bond in a sexual relationship. Marriage is usually conceived as a male-female relationship designed to produce children and successfully socialize them. Historically, most societies have sanctioned polygamy. The West is a major exception. Europe and the United States were 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 do not sanction 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 live in societies where polygamy is less common and they are overwhelmingly monogamous. Since the latter decades of the 20th century many of society's 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 sanctioned non-monogamous marriage arrangements are extremely rare. In modern times, the term marriage is generally reserved for a state sanctioned union (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 sanction of a marriage: common law marriage and obtaining a marriage license. The vast majority of US states do 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). In the West, marriage has evolved from a life-time covenant that can only be broken by fault or death to a contract that can be broken by either party at will. Other shifts in Western marriage since WWI include: (a) Unlike the 19th century women not men get child custody over 80% of the time, (b) both spouses have a formal duty of spousal support (no longer just the husband), (c) Out-of-Wedlock children have the same rights of support as legitimate children, (d) in most states rape can legally occur within marriage and be punished, (e) husbands may no longer physically discipline or abuse their wife, and (f) in some jurisdictions, property acquired since marriage is not owned by the title-holder. This property is considered marital and to be divided among the spouses by community property law or equitable distribution via the courts. There is a growing debate about the form(s) that marriage should take. Two of the most hotly-debated variants are discussed below: same-sex marriage - legal in some countries such as Belgium, the Netherlands, Spain, Canada (and the US state of Massachusetts) by 2005 - and, polygamy.

Types of marriages

The type and functions of marriage vary from culture to culture.

Western world

In the United States and Europe, in the 21st century, legally sanctioned marriages are monogamous (although some pockets of society still sanction polygamy socially, if not legally) and divorce is relatively simple and socially sanctioned. In the West, the prevailing view toward marriage today is that it is based on a legal covenant recognising emotional attachment between the partners and entered into voluntarily.

Eastern world

Some societies permit polygamy, in which a man could have multiple wives; even in such societies however, most men have only one. In such societies, having multiple wives is generally considered a sign of wealth and power. The status of multiple wives has varied from one society to another. In the Muslim world, marriage is sanctioned between a man and a woman, but there are verses in chapter 4 of the Qur'an which state that in certain conditions a man is allowed up to four wives. In Muslim societies, the different wives are considered equal and must be treated as such. In Indonesia, the largest Muslim majority state, marriage is allowed between a man and a woman who profess the same faith, while atheists are not allowed to marry. In Imperial China, formal marriage was sanctioned only between a man and a woman, although among the upper classes, the primary wife was an arranged marriage with an elaborate formal ceremony while concubines could be taken on later with minimal ceremony. Only the children from the official union were considered legitimate. To better control population growth after the rise of Communism, only strictly monogamous marital relationships are permitted, although divorce is a relatively simple process.

Polygamy, monogamy, and polyandry

Polyandry (a woman having multiple husbands) occurs very rarely in a few isolated tribal societies with limited resources. These societies include some bands of the Canadian Inuit, although the practice has declined sharply in the 20th century due to the change from tribal religion to the Moravian religion. Societies which permit group marriage are extremely rare, but have existed in utopian societies such as the Oneida Community. However, in 21st century Western cultures, while bigamy is illegal and sexual relations outside marriage are generally frowned-upon, divorce and remarriage have officially been relatively easy to undertake. This has led to a practice called serial monogamy. "Serial monogamy" usually refers to what occurs when a husband, usually of average to high socioeconomic status, divorces an older wife and takes on a younger wife. The younger wife is popularly referred to as the "trophy wife" by many who frown upon the practice. The modern practice of serial monogamy is strikingly similar to the marital practices observed in polygamous societies. Serial monogamy within the LGBT community refers to the practice of having one long-term relationship and then moving on to another. This practice is one of a few options for bisexuals, and is practiced by many gays and lesbians as well. (It can be argued that this is common with heterosexuals who aren't wanting or ready to "settle down" or who question the tradition heterosexual cultural norms of marriage. Whether heterosexual, homosexual, or bisexual, these individuals would be offended at the view that their relationships weren't meaningful.)

Traditional cultures

Some traditional cultures still practice marriage by abduction, a form of forced marriage in which a woman who is kidnapped and raped by a man is regarded as his wife. This practice is limited to a few traditional cultures in a small number of countries, and is generally regarded as abhorrent by other cultures.

Marriage today in Belgium, The Netherlands, Canada, Spain

:Main article: Same-sex marriage These countries have the particular possibility that opposite sex as well as same sex couples may engage in marriage. Although same-sex unions have been recorded in the history of a number of cultures, marriages between same-sex partners were rare or nonexistent in other cultures. Same-sex marriage remains infrequent worldwide, especially as it is not offered in most countries. However, some countries recognize same-sex marriage, including the Netherlands, Belgium, Canada, and Spain; in the United States same-sex marriage is legal in the state of Massachusetts. "Civil unions" are recognized in Denmark, Norway, Sweden, Finland, Greenland, Iceland, Germany, France, Portugal, New Zealand and the U.S. states of Vermont and Connecticut, and will be recognized in the United Kingdom from December 2005; a growing number of American states and various localities, such as Maine, recognize domestic partnerships, which offer parity of spousal rights, to different degrees, with marriage.

Unique Practices

Some parts of India follow a custom in which the groom is required to marry with an auspicious plant called Tulsi before a second marriage to overcome inauspicious predictions about the health of the husband. However, the relationship is not consummated and does not affect their ability to remarry later. One should note that this is not a norm found across the entire Indian sub-continent. In the state of Kerala, India, the Nambudiri Brahmin caste traditionally practices henogamy, in which only the eldest son in each family is permitted to marry. In Mormonism, a couple may seal their marriage "for time and for all eternity" through a "sealing" ceremony conducted within the LDS temple. The couple is then believed to be bound to each other in marriage throughout eternity if they live according to their covenants made in the ceremony. Mormonism also allows living persons to act as proxies in the sealing ceremony to "seal" a marriage between ancestors who have been dead for at least one year and who were married during their lifetime. According to LDS theology, it is then up to the deceased individuals to accept or reject this sealing in the spirit world before their eventual resurrection. A living person can also be sealed to his or her deceased spouse, with another person (of the same sex as the deceased) acting as proxy for that deceased individual. Other unusual variations include marriage between a living human and a ghost (Taiwan), a living human and a recently-deceased human with whom they were emotionally involved (France), and between a human being and God (Catholic and Orthodox monasticism). Again, these lack the social meaning of ordinary marriage and belong rather to the realm of religion or (in the case of weddings of dogs to other dogs, Kermit the Frog to Miss Piggy, and the like) pure spectacle.

Recognition

Couples usually seek social sanction for their marriages, and many societies require official approval of a religious or civil body. Sociologists thus distinguish between a marriage ceremony conducted under the auspices of a religion and a state-sanctioned civil marriage. In many jurisdictions the civil marriage ceremony may take place during the religious marriage ceremony, although they are two distinct entities. In most American states the marriage may be officiated by a priest, minister, or religious authority, and in such a case the religious authority acts simultaneously as a religious authority and an agent of the state. In some countries such as France, Germany and Russia, it is necessary to be married by the state before having a religious ceremony. Some states allow civil marriages which are not allowed by many religions, such as same-sex marriages or civil unions, and marriage may also be created by the operation of the law alone as in common-law marriage, which is a judicial recognition that two people living as domestic partners are entitled to the effects of marriage. Conversely, there are examples of people who have a religious ceremony which is not recognized civilly. Examples include widows who stand to lose a pension if they remarry and so undergo a marriage in the eyes of God, homosexual couples, some sects of Mormonism which recognize polygamy, retired couples that would lose pension benefits if legally married, Muslim men who wish to engage in polygamy that is condoned in some situations under Islam and immigrants who do not wish to alert to the immigration authorities that they are married either to a spouse they are leaving behind or because the complexity of immigration laws may make it difficult for spouses to visit on a tourist visa. In Europe it has traditionally been the churches' office to make marriages official by registering them. Hence, it was a significant step towards a clear separation of church and state and also an intended and effective weakening of the Christian churches' role in Germany, when Chancellor Otto von Bismarck introduced the Zivilehe (civil marriage) in 1875. This law made the declaration of the marriage before an official clerk of the civil administration (both spouses affirming their will to marry) the procedure to make a marriage legally valid and effective, and reduced the clerical marriage to a mere private ceremony.

Rights and obligations

Typically, marriage is the institution through which people join together their lives in emotional and economic ways through forming a household. It often confers rights and obligations with respect to raising children, holding property, sexual behavior, kinship ties, tribal membership, relationship to society, inheritance, emotional intimacy, and love. Marriage sometimes: establishes the legal father of a woman's child; establishes the legal mother of a man's child; gives the husband or his family control over the wife's sexual services, labor, and/or property; gives the wife or her family control over the husband's sexual services, labor, and/or property; establishes a joint fund of property for the benefit of children; establishes a relationship between the families of the husband and wife. No society does all of these; no one of these is universal (see Edmund Leach's article in "Marriage, Family, and Residence," edited by Paul Bohannan and John Middleton). Marriage has traditionally been a prerequisite for starting a family, which usually serves as the building block of a community and society. Thus, marriage not only serves the interests of the two individuals, but also the interests of their children and the society of which they are a part. In most of the world's major religions, marriage is traditionally a prerequisite for sexual intercourse: unmarried people are not supposed to have sex, which is then called fornication and is socially discouraged or even criminalized. In practice, most of these societies have tacitly accepted sex between unmarried people if they marry as soon as pregnancy occurs (see shotgun wedding). Sex with a married person other than one's spouse, called adultery, is even less acceptable and has also often been criminalized, especially in the case of a person who is a representative of the government (e.g. president, prime minister, political representative, public-school teacher, military officer).

Marriage restrictions

Societies have always placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. In almost all societies marriage between brothers and sisters is forbidden, with Ancient Egyptian, Hawaiian, and Inca royalty being the rare exception. In many societies marriage between some first cousins is preferred, while at the other extreme, the medieval Catholic church prohibited marriage between distant cousins. The present day Catholic Church still maintains a standard of required distance (in both consanguinity and affinity) for marriage. Marriage gives the couple various rights allotted only to married individuals in many societies. In Indian Hindu community, especially in the Brahmin caste, marrying person of the same Gothra is prohibited, since persons belonging to the same Gothra are said to have identical patrilineal descension. In ancient India when Gurukul was in existence, the shishyas (the pupils) were advised against marrying any of Guru's children as shishyas were considered Guru's children and it would be considered marriage among siblings (though there were exceptions like Arjuna's son Abhimanyu marrying Uttra, the dance student of Arjuna in Mahabharatha). Many societies have also adopted other restrictions on whom one can marry, such as prohibitions on marrying persons with the same surname, or persons with the same sacred animal. Anthropologists refer to these sort of restrictions as exogamy. One exception to this pattern is in ancient Egypt, where marriage between brothers and sisters was permitted in the royal family; this privilege was denied commoners and may have served to concentrate wealth and power in one family (See also incest). The consequence of the incest-taboo is exogamy, the requirement to marry someone from another group. Anthropologists have thus pointed out that the incest taboo may serve to promote social solidarity. The "one man one woman" model for the Christian marriage was advocated by Saint Augustine (354-439 AD) with his published letter The Good of Marriage. To discourage polygamy, he wrote it "was lawful among the ancient fathers: whether it be lawful now also, I would not hastily pronounce. For there is not now necessity of begetting children, as there then was, when, even when wives bear children, it was allowed, in order to a more numerous posterity, to marry other wives in addition, which now is certainly not lawful." (chapter 15, paragraph 17) Sermons from St. Augustine's letters were popular and influential. In 534 AD Roman Emperor Justinian criminalized all but monogamous man/woman sex within the confines of marriage. The Justinian Code was the basis of European law for 1,000 years. Societies have also at times required marriage from within a certain group. Anthropologists refer to these restrictions as endogamy. An example of such restrictions would be a requirement to marry someone from the same tribe. Racist laws adopted by some societies in the past, such as Nazi-era Germany, apartheid-era South Africa and most of the southern United States and Utah prior to 1967, which prohibited marriage between persons of different races (miscegenation) could also be considered examples of endogamy. As tolerance of homosexuality has become more widespread in Western cultures, some governments have recognized a right to marriage by people of the same sex. This has in turn created a general backlash, most notably in Great Britain, where the Church of England has officially banned gay marriage, and in the United States, where several states have specifically outlawed gay marriage, often by popular referenda. At the United States federal level, the Defense of Marriage Act has created a federal definition of marriage as between a man and a woman as well as allowing one state not to recognize a same sex marriage recognized by another state. Arguments have been made that the DOMA conflicts with the United States Constitution, and could conceivably be overturned on this basis. To ensure this does not happen, some, including President George W. Bush, support amending the Federal Constitution to prohibit same-sex marriages. Some countries and one U.S. state currently recognize same-sex marriage, and legal challenges to marriage restrictions may soon expand the recognition of same-sex marriages to Washington, New York, and other states. Nevertheless, while [http://www.pollingreport.com/civil.htm opinion polls] indicate support by the general majority of Europe and North America for legal recognition of homosexual partnerships for the purpose of granting rights and immunities equivalent to those of heterosexual marriages, [http://www.pollingreport.com/civil.htm the same polls] indicate wide majorities, as much as two-thirds, disapproving of a change to the legal definition of marriage to include homosexual unions.

Termination

Many societies provide for the termination of marriage through divorce. Marriages can also be annulled or cancelled, which is a legal proceeding that establishes that a marriage was invalid from its beginning.

Weddings

The ceremony in which a marriage is enacted and announced to the community is called a wedding. A wedding in which a couple marry in the "eyes of the law" is called a civil marriage. Religions also facilitate weddings, in the "eyes of God." In many European and some Latin American countries, where someone chooses a religious ceremony, they must also hold that ceremony separate from the civil ceremony. Certain countries, like Belgium and the Netherlands even legally demand that the civil marriage has to take place before any religious marriage. In some countries, notably the United States, the United Kingdom, the Republic of Ireland and Spain both ceremonies can be held together; the officiant at the religious and community ceremony also serves as an agent of the state to enact the civil marriage. That does not mean that the state is "recognizing" religious marriages; the "civil" ceremony just takes place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If that civil element of the full ceremony is left out for any reason, in the eyes of the law no marriage took place, irrespective of the holding of the religious ceremony. Whilst some countries, such as Australia, permit marriages to be held in private and at any location, others, including England, require that the civil ceremony be conducted in a place specially sanctioned by law (ie. a church or registry office), and be open to the public. An exception can be made in the case of marriage by special emergency 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 that one of the parties reside in the locality of the registry office. Because of Australia's very lax rules on marriage, many famous people, including Michael Jackson and Elton John, have opted to marry in Australia, so as to have a private ceremony. The way in which a marriage is enacted has changed over time, as has the institution of marriage itself. In Europe during the Middle Ages, marriage was enacted by the couple promising verbally to each other that they would be married to each other; the presence of a priest or other witnesses was not required if circumstances prevented it. This promise was known as the "verbum". As part of the Reformation, the role of recording marriages and setting the rules for marriage passed to the state. By the 1600s many of the Protestant European countries had heavy state involvement in marriage.

Marriage and religion

:Main article: Religious aspects of marriage Many religions have extensive teachings regarding marriage. Most Christian churches give some form of blessing to a marriage; the wedding ceremony typically includes some sort of pledge by the community to support the couple's relationship. In the Roman Catholic Church "Holy Matrimony" is considered to be one of the seven sacraments, in this case one that the spouses bestow upon each other in front of a priest and members of the community as witnesses during a "Nuptial Mass". In the Eastern Orthodox church, it is one of the Mysteries, and is seen as an ordination and a martyrdom. In marriage, Christians see a picture of the relationship between Jesus and the Church. In Judaism, marriage is viewed as a coming together of two families, therefore prolonging the religion and cultural heritage of the Jewish people. Islam also recommends marriage highly; among other things, it helps in the pursuit of spiritual perfection. The Bahá'í Faith sees marriage as a foundation of the structure of society, and considers it both a physical and spiritual bond that endures into the afterlife. Hinduism sees marriage as a sacred duty that entails both religious and social obligations. By contrast, Buddhism does not encourage or discourage marriage, although it does teach how one might live a happily married life. It's also worth noting that different religions have different beliefs as regards the breakup of marriage. For example, the Roman Catholic Church does not permit divorce, because in its eyes, a marriage is forged by God. The Church states that what God joins together, humans cannot sunder. As a result, people who get a civil divorce are still considered married in the eyes of the Catholic Church, which does not allow them to remarry, even if they are allowed a civil marriage. In some special cases, however, Catholics can be permitted an annulment. With a nullity, religions and the state often apply different rules, meaning that a couple, for example, could receive a divorce from the state and not have their marriage annulled by the Catholic Church because the state disagrees with the church over whether an annulment could be granted in a particular case. This produces the phenomenon of Catholics getting Church annulments simultaneously with state divorces, allowing the ex-partners to marry other people in the eyes of both the Church and the State. Islam does allow divorce; however, there is a verse stated in the Qur'an describing divorce as the least desirable act allowed between people. The general rule is for a man to allow his wife to stay until the end of her menstrual period or for 3 months if she so wishes after the divorce. During this period they would be divorced in that they would simply be living under the same roof but not functioning as man and wife. The Qur'an scholars suggest that the main point is to prevent any decisions by the woman from being affected by hormonal fluctuations as well as to allow any heated arguments or differences to be resolved in a civil manner before the marriage is completely terminated. However, there is no obligation on the woman to stay, if she so wishes she may leave. The man is also obligated to give his wife a gift or monetary sum equivalent to at least half her mahr (gift or monetary sum which is given to the wife at the commencement of the marriage). Specific conditions as to how a divorce is conducted also apply if a woman is pregnant, or has given birth just prior to the divorce. refer Qur'an 2:228-232, 236, 237, 241 and 65:1-7. See also 4:35.

Marriage and economics

The economics of marriage have changed over time. Historically, in many cultures the family of the bride had to provide a dowry to pay a man for marrying their daughter. In other cultures, the family of the groom had to pay a bride price to the bride's family for the right to marry the daughter. In some cultures, dowries and bride prices are still demanded today. In both cases, the financial transaction takes place between the groom (or his family) and the bride's family; the bride has no part in the transaction and often no choice in whether or not to participate in the marriage. In many modern legal systems, two people who marry have the choice between keeping their property separate or combining their property. In the latter case, called community property, when the marriage ends by divorce each owns half; if one partner dies the surviving partner owns half and for the other half inheritance rules apply. 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 Necessaties" whereby 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 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, during and eventually after a marriage, are regulated in most jurisdictions; see alimony. It is possible to analyze the institution of marriage using economic theory; see [http://www.best.com/~ddfr/Academic/Price_Theory/PThy_Chapter_21/PThy_Chap_21.html David Friedman, Price Theory: Chapter 21: The Economics of Love and Marriage].

Criticisms of marriage

Under the principle of church-state separation, libertarians criticize the government regulation of and the state's involvement in marriage, because many now consider marriage a religious institution. The libertarian view is that if government must recognize marriage at all, it should be treated as a contract like any other between two freely consenting parties, which would essentially reduce family law to a subset of contract law. The religious aspects should remain the province of one's church and that church's ecclesiastical courts (if it has them). Relatively new legal developments like palimony have already tilted certain governments slightly in this direction. Other commentators have argued that marriage has a significant dark side. They sometimes condemn individual local practices and sometimes even the entire institution of marriage. A good many of these are feminist critiques, which claim that in many cultures marriage is particularly disadvantageous to women. [http://www.cdc.gov/nchs/fastats/divorce.htm] With the divorce rate half that of the marriage rate, [http://www.census.gov/prod/2003pubs/p60-225.pdf] 15% of men are awarded custody, unchanged since 1994 (cf. p. 1), and [http://www.census.gov/Press-Release/www/releases/archives/income_wealth/004012.html] annual support payments increasing 18% to $40 billion paid by 7.8 million separated parents, 6.6 million are fathers with [http://www.ssa.gov/OP_Home/ssact/title04/0458.htm] cash incentives of up to $4.1 billion available to states that create support and arrearage orders, and then collect (cf. 6B, 6C, & 6D), it may help to explain the conclusion of a [http://marriage.rutgers.edu/Publications/SOOU/SOOU2004.pdf] recent marriage report by Rutgers University. "Continuing decline of the marriage rate accompanied by an increase in the number of cohabiting couples; a small increase in the percentage of children living in fragile families and born out of wedlock; and a sharp increase among teenage boys in their acceptance of unwed childbearing and a slight decrease in agreement among teenagers, especially girls, that "living together before getting married is a good idea." says 2004 Social Health of Marriage in America. Marriage strike behavior although not explicit. Further, during a litigated divorce allegations of domestic violence, child custody, paternity, alimony, child support, fathers' rights create additional concerns, especially with divorce attorneys rates up to $300.00 per hour. [http://www.eleventhdistrictcourt.state.nm.us/stats/mckinley/dvcumulative.pdf] 85% of orders of protections are awarded to females, 7% of petitions denied. Since the enactment of the Violence Against Women Act of 1995, [http://www.ojp.usdoj.gov/vawo/about.htm] more than $1 billion spent to police and prosecutors. Since 1995, when a wife feels fearful, it is domestic violence. Divorce attorneys practice leveraging this assault charge into an order of protection to get a spouse, usually the man, out of the home, physically separating him from children and his property. In many areas of the world, when a woman was in her early teens her father arranged a marriage for her in return for a bride price, sometimes to a man twice her age who was a stranger to her. Her older husband then became her guardian and she could be cut off almost completely from her family. The woman had little or no say in the marriage negotiations, which might even have occurred without her knowledge. Some traditions allowed a woman who failed to bear a son to be given back to her father. This reflected the importance of bearing children and extending the family to succeeding generations. Often both parties are expected to be virgins before their marriage, but in many cultures women were more strictly held to this standard. One old tradition in Europe, which survived into the twentieth century in rural Greece, was for this to be proven by hanging the bloody bed sheet from the wedding night from the side of the house. Similarly, sexual fidelity is very often expected in marriage, but sometimes the expectations and penalties for women have been harsher than those for men. In some traditions marriage could be a traumatic, unpleasant turn of events for a girl. "The Lot of Women" written in Athens in the mid 5th century BC laments this situation: :Young women, in my opinion, have the sweetest existence known to mortals in their father's homes, for their innocence always keeps children safe and happy. But when we reach puberty and can understand, we are thrust out and sold away from our ancestral gods and from our parents. Some go to strange men's homes, others to foreigner's, some to joyless houses, some to hostile. And all this once the first night has yoked us to our husband we are forced to praise and say that all is well. On the other hand, marriage has often served to assure the woman of her husband's continued support and enabled her to focus more attention on the raising of her children. This security has typically been greater when and where divorce has been more difficult to obtain. Some older wedding traditions still survive in some form in today's ceremonies. Women may still be symbolically "given away" by their fathers. Some brides still vow to "love and obey" their husbands and some bridegrooms vow to "care for" their wives. A groom might remove his bride's garter, a symbol of her virginity, as a public representation of his claim on her sexuality. Brides toss their bouquets towards a group of single women, who compete to catch the bouquet; the woman who catches the bouquet is believed to have the good fortune to be the next woman to get married. One very common tradition is that of the groom carrying the bride over the threshold of their house. Investigating the origin of this tradition around 100 AD, Plutarch postulated three different possibilities. The first was that the act of picking up the bride was a symbolic re-enactment of the Rape of the Sabines. Another was that it symbolized the bride's reluctance to surrender her virginity, which she did only under duress. And the last suggested marital faithfulness - having been carried into the house by her husband she would only leave it the same way. This of course was in the context of a patriarchal culture in which it was said that a woman should only leave her house when she was so old that people would not ask whose wife she was, but whose mother. It has also been said to originate from a Roman belief that it was bad luck for a bride to stumble while entering her new home. These traditions, though often attacked by critics and scholars, nevertheless remain a treasured part of many ceremonies, cherished by both bride and groom.

Pragmatic marriage

A Pragmatic (or 'Arranged') marriage that is facilitated by formal procedures of family or group politics. A responsible authority sets up or encourages the marriage. The authority could be parents, family, a religious figure or a consensus. The former two often start the process with informal pressure, social pressure, whilst the latter two often start the process with a formal system or statement. In both cases, the authority has a compelling veto over the marriage, and this system is socially supported by the rest of community so that to deny it is extreme and drastic. Once declared, an engagement is implicit, which follows through with a formal marriage ceremony. Those who uphold pragmatic marriage frequently state that it is traditional, that it upholds social morals, that it is good for the families involved.

Differences of opinion

Those who believe in romantic marriage will often criticize pragmatic marriage, considering it is oppressive, inhuman, or immoral. Defenders of pragmatic marriage disagree, often pointing to cultures where the success rate of pragmatic marriages is seen to be high, and holding that nearly all couples learn to love and care for each other very deeply. Those who believe in pragmatic marriage also have some traditional criticisms of romantic marriage, saying that it is short-term, overly based on sexual lust or immoral. Defenders of romantic marriage would hold that it is preferable to achieve an emotional bond before entering into a lifelong commitment. Cultures that aspire to create relationships after couples marry are those with institutionalized practices of pragmatic marriage. Cultures that come to think that marriages should only be tried once a short-term compatibility already exists adopt romantic marriages. It is debatable whether either method is more correct or that either set of ideas about marriage is more right - the underlying assumptions are different. Much criticism of the "other" form of marriage to what one person accepts is based on misunderstanding assumptions about marriage made from different cultural starting-points and what different groups of people consider marriage to be.

External links

- [http://Ouchmytoe.rediffblogs.com Funny Marriage Advice] - Ouchmytoe - A Blog on Marriage & the problems it brings
- [http://dontmarry.com/ Don't Marry] - A dissenting opinion on the social convention of marriage in Western society.
- [http://www.unmarried.org The Alternatives to Marriage Project ] Advocating for equality and fairness for unmarried people
- [http://nikah.com/marriage/default.asp Muslim Marriage Information]
- [http://www.acfc.org/ The American Coalition for Fathers and Children (ACFC)]
- [http://www.zionwedding.com Jewish Matrimony and Personals] - Jewish Matrimony and Personals
- [http://www.islamimatrimonials.com/muslim_marriage_rights.htm Muslim Matrimonial] - Rights of Spouses in Islam
- [http://www.freedomtomarry.org/ The Freedom to Marry Coalition]
- [http://weddings.iloveindia.com/features/types-of-hindu-marriages.html Types of Hindu Marriages]
- [http://marriage.rutgers.edu/publicat.htm The National Marriage Project]
- [http://nikahsearch.com/marriage/marriage.htm Marriage in Islam] - Hadith, Marriage Conditions and Etiquettes of Muslim Marriage
- [http://www.fatherhood.hhs.gov/charting02/Family.htm#tff1.1 U.S. Department of Health and Human Services Survey]
- [http://www.nikah.com Muslim Matrimonial Service]
- [http://www.islamfrominside.com/Pages/Articles/Marriage%20in%20Islam.html Marriage (Nikah) in Islam]
- [http://www.muslimmatrimonial.com Muslim marriage and Advice]
- [http://www.growthtrac.com Christian Marriage Resources at Growthtrac]
- [http://nikahsearch.com/marriage/conditions.htm Conditions of Muslim Marriage]
- [http://family-marriage-counseling.com The Family & Marriage Counseling Directory]
- [http://www.fisheaters.com/holymatrimony.html The Catholic Sacrament of Holy Matrimony] includes the rite used before Vatican II and by traditional Catholics today
- [http://www.chabad.org/article.asp?AID=313716 Laws and Customs of the Jewish Wedding] chabad.org
- [http://www.originalintent.org/edu/marriage.php Treatise on Common Law Marriage] Category:Divorce Category:Family
- Category:Wedding ko:혼인 ja:結婚

Family

:This article is about the human domestic group. For other uses, see Family (disambiguation). Family (disambiguation) in 1997]] A family is a domestic group of people, or a number of domestic groups, typically affiliated by birth or marriage, or by comparable legal relationships including domestic partnership, adoption, surname and in some cases ownership (as was the case in the Roman Empire). Although many people (including social scientists) have understood familial relationships in terms of "blood," many anthropologists have argued that the notion of "blood" must be understood metaphorically, and in that in many societies family is understood through other concepts rather than "blood." Article 16(3) of the Universal Declaration of Human Rights says, "The family is the natural and fundamental group unit of society and is entitled to protection by society and the State".

Family cross-culturally

According to sociology and anthropology, the primary function of the family is to reproduce society, either biologically, socially, or both. Thus, one's experience of one's family shifts over time. From the perspective of children, the family is a family of orientation: the family serves to locate children socially, and plays a major role in their enculturation and socialization. From the point of view of the parent(s), the family is a family of procreation the goal of which is to produce and enculturate and socialize children. However, producing children is not the only function of the family. In societies with a sexual division of labor, marriage, and the resulting relationship between a husband and wife, is necessary for the formation of an economically productive household. In modern societies marriage entails particular rights and privilege that encourage the formation of new families even when there is no intention of having children. The structure of families traditionally hinges on relations between parents and children, between spouses, or both. Consequently, there are four major types of family: patrifocal, matrifocal, consanguineal and conjugal. (Note: these are ideal families. In all societies there are acceptable deviations from the ideal or statistical norm, owing either to incidental circumstances, such as the death of a member of the family, infertility or personal preferences). A patrifocal family consists of a father and his children and is found in societies where men take multiple wives (polygamy or polygyny)and/or remain involved with each for a relatively short time. This type of family is rare from a worldwide perspective but occurs in Islamic states with considerable frequency. In some emirates the laws encourage this structure by allowing a maximum of four wives per man at any given time, and automatic deflection of custody rights to the father in the case of a divorce. In these societies a man will often take a wife and may conceive a child with her, but after a relatively short time put her out of his harem so he can take another woman without exceeding the quota of 4. The man then keeps his child and thus a patrifocal structure emerges. Even without the expulsion of the mother, the structure may be patrifocal because the children (often as infants) are removed from the harem structure and placed into the father's family. A matrifocal family consists of a mother and her children. Generally, these children are her biological offspring, although adoption of children is a practice in nearly every society. This kind of family is common where women have the resources to rear their children by themselves, or where men are more mobile than women. A consanguineal family consists of a mother and her children, and other people — usually the family of the mother. This kind of family is common where mothers do not have the resources to rear their children on their own, and especially where property is inherited. When important property is owned by men, consanguineal families commonly consist of a husband and wife, their children and other members of the husband's family. A conjugal family consists of one or more mothers and their children, and/or one or more spouses (usually husbands). This kind of family is common where there is a division of labor requiring the participation of both men and women, and where families are relatively mobile. A notable subset of this family type is the nuclear family, in which one woman has one husband and they raise their children together.

Family in the West

polygyny middle American "nuclear" family.]] The preceding types of families are found in a wide variety of settings, and their specific functions and meanings depend largely on their relationship to other social institutions. Sociologists are especially interested in the function and status of these forms in stratified, especially capitalist, societies. Non-scholars, especially in the United States and Europe, use the term "nuclear family" to refer to conjugal families. Sociologists distinguish between conjugal families that are relatively independent of the kindreds of the parents and of other families in general, and nuclear families which maintain relatively close ties with their kindreds. Non-scholars, especially in the United States and Europe, also use the term "extended family". This term has two distinct meanings. First, it is used synonymously with consanguinal family. Second, in societies dominated by the conjugal family, it is used to refer to kindred (an egocentric network of relatives that extends beyond the domestic group) who do not belong to the conjugal family. These types refer to ideal or normative structures found in particular societies. In any society there is some variation in the actual composition and conception of families. Much sociological, historical and anthropological research is dedicated to understanding this variation, and changes over time in the family form. Thus, some speak of the bourgeois family, a family structure arising out of 16th and 17th century European households, in which the center of the family is a marriage between a man and woman, with strictly defined gender roles. The man typically is responsible for income and support, the woman for home and family matters. In contemporary Europe and the United States, people academic, political and civil sectors have called attention to single-father-headed households, and families headed by same-sex couples, although academics point out that these forms exist in other societies.

Economic function of the family

In traditional society the family is often supposed to have been the primary economic unit. This role has gradually diminished in modern times and in societies like the United States is much smaller except for certain sectors such as agriculture and a few upper class families. In China the family as an economic unit still plays a strong role in the countryside. However, the relations between the economic role of the family, its socio-economic mode of production and cultural values are highly complex. Chinaern U.S. family of Danish/German extraction]]

Kinship terminology

A kinship terminology is a specific system of familial relationships. The now rather dated anthropologist Louis Henry Morgan argued that kinship terminologies reflect different sets of distinctions. For example, most kinship terminologies distinguish between sexes (this is the difference between a brother and a sister) and between generation (this is the difference between a child and a parent). Moreover, he argued, kinship terminologies distinguish between relatives by blood and marriage (although recently some anthropologists have argued that many societies define kinship in terms other than "blood"). But Morgan also observed that different languages (and thus, societies) organize these distinctions differently. He thus proposed to describe kin terms and terminologies as either descriptive or classificatory. "Descriptive" terms refer to only one type of relationship, while "classificatory" terms refer to many types of relationships. Most kinship terminologies include both descriptive and classificatory terms. For example, in Western societies there is only one way to be related to one's brother (brother = parents' son); thus, in Western society, brother is a descriptive term. But there are many ways to be related to one's cousin (cousin = mother's brother's son, mother's sister's son, father's brother's son, father's sister's son, and so on); thus, in Western society, "cousin" is a classificatory term. Morgan discovered that what may be a descriptive term in one society can be a classificatory term in another society. For example, in some societies there are many different people that one would call "mother" (the woman of whom one was born, as well as her sister and husband's sister, and also one's father's sister). Moreover, some societies do not lump together relatives that the West classifies together (in other words, in some languages there is no word for cousin because mother's sister's children and father's sister's children are referred to in different terms). Armed with these different terms, Morgan identified six basic patterns of kinship terminologies:
- Hawaiian: the most classificatory; only distinguishes between sex and generation.
- Sudanese: the most descriptive; no two relatives are referred to by the same term.
- Eskimo: has both classificatory and descriptive terms; in addition to sex and generation, also distinguishes between lineal relatives (who are related directly by a line of descent) and collateral relatives (who are related by blood, but not directly in the line of descent). Lineal relatives have highly descriptive terms, collateral relatives have highly classificatory terms.
- Iroquois: has both classificatory and descriptive terms; in addition to sex and generation, also distinguishes between siblings of opposite sexes in the parental generation. Siblings of the same sex are considered blood relatives, but siblings of the opposite sex are considered relatives by marriage. Thus, one's mother's sister is also called mother, and one's father's brother is also called father; however, one's mother's brother is called father-in-law, and one's father's sister is called mother-in-law.
- Crow: like Iroquois, but further distinguishes between mother's side and father's side. Relatives on the mother's side of the family have more descriptive terms, and relatives on the father's side have more classificatory terms.
- Omaha: like Iroquois, but further distinguishes between mother's side and father's side. Relatives on the mother's side of the family have more classificatory terms, and relatives on the father's side have more descriptive terms. Societies in different parts of the world and using different languages may share the same basic terminology; in such cases it is very easy to translate the kinship terms of one language into another, although connatations may vary. But it is usually impossible to translate directly the kinship terms of a society that uses one system into the language of a society that uses a different system. Some languages, such as Chinese, Japanese, and Hungarian, add another dimension to some relations: relative age. There are, e.g., different words for "older brother" and "younger brother." Thus, although Westerners may naturally agree with Morgan that "brother" is descriptive rather than classificatory, speakers of these languages might disagree.

English kinship terminology

Most Western societies employ English kinship terminology. This kinship terminology is common in societies based on conjugal (or nuclear) families, where nuclear families must be relatively mobile. Members of the nuclear family use descriptive kinship terms:
- Mother: the female parent
- Father: the male parent
- Son: the males born of the mother; sired by the father
- Daughter: the females born of the mother; sired by the father
- Brother: a male born of the same mother; sired by the same father
- Sister: a female born of the same mother; sired by the same father It is generally assumed that the mother's husband is also the genitor. In some families, a woman may have children with more than one man or a man may have children with more than one woman. Children who share one parent but not another are called "half-brothers" or "half-sisters." Children who do not share parents, but whose parents are married, are called "step-brothers" or "step-sisters." If a person is married to the parent of a child, but is not the parent of the child themselves, then they are the "step-parent" of the child, either the "stepmother" or "stepfather". Children who are adopted into a family are generally called by the same terms as children born into the family. Typically, societies with conjugal families also favor neolocal residence; thus upon marriage a person separates from the nuclear family of their childhood (family of orientation) and forms a new nuclear family (family of procreation). This practice means that members of one's own nuclear family were once members of another nuclear family, or may one day become members of another nuclear family. Members of the nuclear families of members of one's own nuclear family may be lineal or collateral. When they are lineal, they are referred to in terms that build on the terms used within the nuclear family:
- Grandfather: a parent's father
- Grandmother: a parent's mother
- Grandson: a child's son
- Granddaughter: a child's daughter When they are collateral, they are referred to in more classificatory terms that do not build on the terms used within the nuclear family:
- Uncle: father's brother, father's sister's husband, mother's brother, mother's sister's husband
- Aunt: father's sister, father's brother's wife, mother's sister, mother's brother's wife
- Nephew: sister's sons, brother's sons
- Niece: sister's daughters, brother's daughters When separated by additional generations (in other words, when one's collateral relatives belong to the same generation as one's grandparents or grandchildren), these terms are modified by the prefix "great". Most collateral relatives were never members of the nuclear family of the members of one's own nuclear family.
- Cousin: the most classificatory term; the children of aunts or uncles. Cousins may be further distinguished by degree of collaterality and generation. Two persons of the same generation who share a grandparent are "first cousins" (one degree of collaterality); if they share a great-grandparent they are "second cousins" (two degrees of collaterality) and so on. If the shared ancestor is the grandparent of one individual and the great-grandparent of the other, the individuals are said to be "first cousins once removed" (removed by one generation); if the shared ancestor is the grandparent of one individual and the great-great-grandparent of the other, the individuals are said to be "first cousins twice removed" (removed by two generations), and so on. Similarly, if the shared ancestor is the great-grandparent of one person and the great-great-grandparent of the other, the individuals are said to be "second cousins once removed." Distant cousins of an older generation (in other words, one's parents' first cousins) are technically first cousins once removed, but are often classified with "aunts" and "uncles". Similarly, a person may refer to close friends of one's parents as "aunt" or "uncle," or may refer to close friends as "brother" or "sister". This practice is called fictive kinship. Relationships by marriage, except for wife/husband, are qualified by the term "-in-law". The mother and father of one's spouse are one's mother-in-law and father-in-law; the spouse of one's son or daughter is one's son-in-law or daughter-in-law. The term "sister-in-law" refers to three essentially different relationships, either the wife of one's brother, or the sister of one's spouse, or the wife of one's spouse's sibling. "Brother-in-law" is similarly ambiguous. There are no special terms for the rest of one's spouse's family. Specific distinctions vary among Western societies. For instance, in French, the prefix beau- or belle- is used for both "-in-law" and "step-"; in other words, one's belle-soeur could be the sister of one's spouse, the wife of one's sibling, the wife of one's spouse's sibling, or the daughter of one's parent's spouse. In Spanish, each of the roles that English creates with the suffix "-in-law" has a different word (suegros- parents-in-law, yerno-son-in-law, nuera-daughter-in-law, cuñados-siblings-in-law), but there is a suffix -astro or -astra that is equivalent to "step-". In Swedish, terms for grandparents differ on the side of the parents, i.e., "farfar" and "farmor" (father-father, father-mother) vs. "mormor" and "morfar" (mother-mother, mother-father). There is also a term, "half-sibling" (and -brother, -sister) for siblings with whom one shares only one parent.

References

- American Kinship, David Schneider
- A Natural History of Families, Scott Forbes, Princeton University Press, 2005, ISBN 0691094829
- More Than Kin and Less Than Kind, Douglas W. Mock, Belknap Press, 2004, ISBN 0674012852

External links

- [http://wikitree.org WikiTree.org] - freely-edited family tree of all human beings.
- Online Dictionary of the Social Sciences: http://bitbucket.icaap.org/
- Cousins: http://www.tedpack.org/cousins.html
- [http://www.islamimatrimonials.com/muslim_matrimonials_family.htm Muslim Matrimonial] and Muslim Family
- Grandparent Connection: http://www.thegrandparentconnection.org
- The Good Enough Family: http://samvak.tripod.com/family.html
- Cousin marriages: http://www.cousincouples.com/
- Family Court: http://www.stephenbaskerville.net/
- [http://www.unh.edu/frl/ Family Research Laboratory]
- Wiktionary entries for Western kinship terminology providing multilingual translations
- mother, father, son, daughter, brother, sister
- grandmother grandfather grandson granddaughter
- uncle aunt nephew niece
- cousin Category:Family Category:Divorce Category:Human development Category:Kinship and descent Category:Marriage ms:Keluarga ja:家族 simple:Family

Polygamy

The term polygamy (literally many marriage in late Greek) is used in related ways in social anthropology and sociobiology. In social anthropology, polygamy is the practice of marriage to more than one spouse simultaneously (as opposed to monogamy where each person has only one spouse at a time). Like monogamy, the term is often used in a de facto sense, applying regardless of whether the relationships are recognised by the state (see marriage for a discussion on the extent to which states can and do recognise potentially and actually polygamous forms as valid). In sociobiology, polygamy is used in a broad sense to mean any form of multiple mating. In a narrower sense, used by zoologists, polygamy includes a pair bond, perhaps temporary.

Forms of polygamy

Polygamy exists in three specific forms, including polygyny (one man having multiple wives), polyandry (one woman having multiple husbands), or group marriage (some combination of polygyny and polyandry). Historically, all three practices have been found, but polygyny is by far the most common. A notable example of polyandry occurs in Hindu culture in the Mahabharata, where the Pandavas are married to one common wife, Draupadi. Today it is almost exclusively observed in the Toda tribe of India, where it is sometimes the custom for several brothers to have one wife. In this context, the practice is intended to keep land (a precious resource in a populous country like India) from being split up amongst male heirs. Polyandry was traditionally practiced among nomadic Tibetans, where it meant two poor brothers sharing a wife. Group marriage, or circle marriage, may exist in a number of forms, such as where more than one man and more than one woman form a single family unit, and all members of the marriage share parental responsibility for any children arising from the marriage. Another possible arrangement not thought to exist in reality, although occuring in science fiction is the long-lived line marriage, in which deceased or departing spouses in the group are continually replaced by others, so that family property never becomes dispersed through inheritance.

Related terms

Bigamy

Bigamy refers to someone who has two spouses at the same time. Many countries have specific statutes outlawing bigamy, making any secondary marriage a crime. Note that these laws aren't limited to case of traditional polygamy, where the spouses know about each other. They also cover cases such as a man who breaks up with his wife, doesn't divorce her, but marries another woman. It even covers the occasional case of a man who sets up a second family with a second wife, keeping his dual marriage a secret from one or both or them. In both of these cases, the effect of these laws is to protect people from being married under false circumstances. The truth is that many states - Nevada for example - are extremely reluctant to prosecute bigamy cases and the practice remains unpoliced. This has serious implications in several areas such as illegal immigration and the family.

Trigamy

Trigamy refers to someone who has three spouses at the same time. From the legal perspective, this is just seen as two counts of bigamy.

Polyamory

Main article: Polyamory. The term polyamory refers to romantic or sexual relationships involving multiple partners at once, regardless of whether they involve marriage. Any polygamous relationship is polyamorous, and some polyamorous relationships involve multiple spouses. "Polygamy" is usually used to refer to multiple marriage, while "polyamory" implies a relationship defined by negotiation between its members rather than cultural norms.

Poly relationship

Main article: Poly relationship. Other forms of nonmonogamous relationships are discussed at poly relationship.

Polygamy worldwide

According to the [http://eclectic.ss.uci.edu/~drwhite/worldcul/Codebook4EthnoAtlas.pdf Ethnographic Atlas Codebook] derived from George P. Murdock’s Ethnographic Atlas recorded the marital composition of 1231 societies, from 1960-1980. Of these societies, 186 societies were monogamous. 453 had occasional polygyny, 588 had more frequent polygyny, and 4 had polyandry.

Patterns of occurrence

At the same time, even within societies which allow polygyny, the actual practice of polygyny often occurs only rarely. To take on more than one wife often requires considerable resources: this may put polygamy beyond the means of the vast majority of people within those societies. Such appears the case in many traditional Islamic societies, and in Imperial China. Within polygynous societies, multiple wives often become a status symbol denoting wealth and power. Similarly, within societies which formally prohibit polygamy, social opinion may look favorably on persons maintaining mistresses or engaging in serial monogamy. Some observers detect a social preference for polygyny in disease-prone (especially tropical) climates, and speculate that (from a potential mother's viewpoint) perceived quality of paternal genes may favour the practice there. The countervailing situation allegedly prevails in harsher climates, where (once again from a potential mother's viewpoint) reliable paternal care as exhibited in monogamous pair-bonding outweighs the importance of paternal genes.

Polygamy and religion

Hinduism

In Hinduism, polygamy was practiced since ancient times. Hinduism does not prohibit polygamy, nor encourage it. The reason for this is because to have more than one wife, again means to be able to support them financially. Historically, only kings, in practice, were polygamous, and this in part because they could afford it. For example, the Vijanagar emperor, Krishnadevaraya had multiple wives. In actuality Hinduism, and for that matter other Indian religions such as Buddhism, & Jainism, actually consent for a man or woman to marry more than one person. The problem is most people cannot afford to have more than one partner, and have the time to raise multiple kids with multiple partners. Because of this it is not practiced in India. And as mentioned before, Indian religions allow women to marry more than one man. But again this is rarely practiced, if ever. However, Muslims in India are allowed to have multiple wives. As of October, 2004, marriage laws in India are dependent upon the religion of the subject in question.^{[http://www.sudhirlaw.com/Marriages.html]} There have been efforts to propose a uniform marital law that would treat all Indians the same, irrespective of religion, but this has not occurred as of yet.

Judaism

Although classical Jewish literature indicates that polygamy was permitted, the various segments of Judaism have now outlawed polygamy. The first was Ashkenazi Jewry, which followed Rabbenu Gershom's ban since the 11th century. However, there are some who claim the ban was a temporary measure that no longer applies according to the Jewish law and want to restore polygamy. See [http://polygamy.com/Jewish/index.htm Jewish Doctrines Pertaining To Polygamy]. Some Sephardi and Mizrahi groups only discontinued polygamy much more recently, to the point that the State of Israel had to make provisions for polygamic families immigrating after its 1948 creation. Many Jewish families from countries such as Iran and Yemen were assimilated to the general common culture of a family made up of a man, two or more wives, and their children.

Christian

Saint Augustine demonstrated the conflict with Old Testament polygamy in The Good of Marriage (chapter 15, paragraph 17), where he wrote that though it "was lawful among the ancient fathers: whether it be lawful now also, I would not hastily pronounce. For there is not now necessity of begetting children, as there then was, when, even when wives bear children, it was allowed, in order to a more numerous posterity, to marry other wives in addition, which now is certainly not lawful." He declined to judge the patriarchs, but did not deduce from their practice the ongoing acceptability of polygamy. In another place, he wrote, "Now indeed in our time, and in keeping with Roman custom, it is no longer allowed to take another wife, so as to have more than one wife living [emphasis added]." Jesus states in Matthew 19:8-9, "Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning. I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery." The same sentiment is echoed in Mark 10:10 where Jesus states "Anyone who divorces his wife and marries another woman commits adultery against her. And if she divorces her husband and marries another man, she commits adultery." While some state that the Bible says nothing negative about polygamy, others find these statements of Christ to be nonsensical if polygamy and adultery are not the same thing in the eyes of God. However the emphasis here is on the act of divorce and then re-maraige. Paul further adds in Titus 1:6 "An elder must be blameless, the husband of but one wife." Here the context is "if one desires to be an elder," or other leader in the church he must have only one wife. This says nothing of the "layity." Periodically, Christian reform movements that have aimed at rebuilding Christian doctrine based on the Bible alone (sola scriptura) have at least temporarily accepted polygamy as a Biblical practice. During the Protestant Reformation, Martin Luther advised Philip of Hesse that although he found nothing unbiblical about polygamy, he should keep his second marriage a secret to avoid public scandal. The radical Anabaptists of Münster also practiced polygamy, but they had little influence after the defeat of the Münster Rebellion in 1535. Other Protestant leaders including John Calvin condemned polygamy, and at any rate sanctioned polygamy did not survive long within Protestantism. "On February 14, 1650, the parliament at Nürnberg decreed that because so many men were killed during the Thirty Years’ War, the churches for the following ten years could not admit any man under the age of 60 into a monastery. Priests and ministers not bound by any monastery were allowed to marry. Lastly, the decree stated that every man was allowed to marry up to ten women. The men were admonished to behave honorably, provide for their wives properly, and prevent animosity among them." Larry O. Jensen, A Genealogical Handbook of German Research (Rev. Ed., 1980) p. 59 [http://www.familysearch.org/Eng/Search/Rg/images/Ger_BMD_RefDoc_HandbookGermanResearch.pdf]. The modern trend towards frequent divorce and remarriage is sometimes refered to by Christians as 'serial polygamy'.

Islam

Muslim polygamy, in practice and law, differs greatly throughout the Islamic world. In some Muslim countries, polygamy is relatively common, while in most others, it is often rare or non-existent. Polygamy is most widely practiced by Muslims in West Africa (where it is also widely practiced by non-Muslims), as well as in certain traditionalist Arabian states such as Saudi Arabia and the United Arab Emirates; in the rest of the Muslim world, it is extremely rare, with some countries even banning it. One of the reasons that polygamy is rarely practiced in much of the muslim world is because you must be very able to manage things in order to have multiple wives. Each wife must have her own house, car, etc. In Muslim countries where polygamy does occur, there are certain core fundamentals found in common among most of them. According to traditional Islamic law, a man may take up to four wives (however such limit is not found in the Qur'an, the Qur'an only stated 'place two and three and four', such statement was also used to describe the number of wings that angels have, and the wings of angels aren't limited to four wings), and each of those wives must have her own property, assets, and dowry, and as many slave women as he can afford. Usually the wives have little to no contact with each other (unlike Muhammad's wives, which had lots of contacts with each other, up to the point of jealousy when they think one wife received more affection than themself) and lead separate, individual lives in their own houses, and sometimes in different cities, though they all share the same husband. Thus, Muslim polygamy is traditionally restricted to men who can manage things, and in some countries it is illegal for a man to marry multiple wives if he is unable to afford to take care of each of them properly. The Qur'an allows a man to have many wives at any one time (Muhammad himself once have around nine or more wives in the same time). However, there's no verse in the Qur'an that allow or not allow a woman to have more than one husband at a time. The Qur'an in verse 4:3 states (English translation by Dr Muhammad Taqi-ul-Din Al Hilali and Dr Muhammad Muhsin Khan): :"And if you fear you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice; 2, 3 or 4, but if you fear you may not be able to deal justly (with them) then only one." This verse is linked to the preceding verse which relates to a man taking an orphaned girl as his wife. The caregivers of these orphan girls have an unfair advantage (especially during the time during which the Qur'an was revealed) over them if they wish to marry them. Being their guardians, they may be tempted to marry them without paying them their full dowries or in order to confiscate their inheritance. This verse is telling these men that if they fear that they cannot deal justly with the orphans whom they wish to marry, then they should marry other women (not orphaned women but free women with guardians and families who can look over and protect their rights). However, the verse could also have another meaning, such as if a person is worried about on not treating fairly orphan(s) that is/are under his care, he could have a wife or wives to delagate the tasks of taking care of them. It's important to note the context within which the term 'orphan girls' is being used here. Orphaned girls (that is, orphaned of both mother and father as well as any immediate family to look after them) at the time when the Qur'an was revealed had very low status in society and virtually no recognisable rights, unless a caregiver chose to take them in. The relationship of the caregiver to the orphaned girl would have to satisfy the criteria set out in the Qur'an verses 4:23 and 4:24 as to which women a man is permitted to marry under Islamic law in order for verse 4:3 to be valid. Some Muslims, however, believe that polygamy is restricted (e.g. [http://www.answering-christianity.com/polygamy.htm]). They quote the following verse 4:129, (translation by Yusuf Ali): :"Ye are never able to be fair and just as between women, even if it is your ardent desire: But turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding, and practise self-restraint, Allah is Oft-forgiving, Most Merciful." This, combined with the requirement for fairness stated in 4:3 and arguments based on its context, has led them to conclude that polygamy is only sanctioned in exceptional circumstances - e.g. when there is a shortage of male adults after a war - and that monogamy is generally preferable. Opponents of this view believe that verse 4:129 does not seek to discourage polygamy, but instead guides the husband on how to treat all of his wives fairly in practice, even though, in term of (love and emotions) he will not be able to love and feel the same for them (all) equally. Even though Muhammed was himself polygynous, he expressed disapproval of it for his own daughter, Fatima, and recognised that it would emotionally upset her. According to Bukhari (who mentions the hadith twice, Book 7, Number 115 and 152), :"I heard Allah’s apostle who was in the pulpit saying "The Bano-hisham bin Al-Mughira have requested me to allow them to marry their daughter to Ali bin Abi Taleb, but I do not give them permission and will not give permission unless Ali divorces my daughter because Fatima is a part of my body, and I hate what she hates to see and what hurts her."

Mormon

See main articles: Plural marriage, Plural wives of Joseph Smith, Jr., Polygamous Mormon fundamentalists. Early in its history, The Church of Jesus Christ of Latter-day Saints practised polygamy in the United States and referred to it as "plural marriage." Polygamy was not an original part of the Mormon doctrine. Evidence suggests that as early as 1831, Joseph Smith Jr., the founder and father of the Mormon religion, received a revelation on Celestial marriage, although it was not recorded until 1843. Smith justified this new revelation by citing the example of Abraham and Jacob. When Brigham Young led the church to Utah, he asked to territory to give the Mormons the right to perform their own marriages. This led to the church taking over the territory and the relaxing of their restrictions on polygamy. The practice of polygamy quickly led to persecution of the Church. Many novelists began to write books and pamphlets condemning polygamy. They portrayed polygamous marriage as a legalized form of slavery. The outcry against polygamy eventually led to the federal government's involvement and the enacting of anti-polygamy laws. (The U.S. Congress made the practice illegal in U.S. Territories in 1862). Many members of the Church fled to Canada and Mexico to set up communities free from prosecution; for example, Cyril Ogston founded Seven Persons, Alberta. Although Latter-day Saints believed that their religiously-based practice of plural marriage was protected by the United States Constitution, opponents used it to delay Utah statehood until 1896. Increasingly harsh anti-polygamy legislation stripped Church members of their rights as citizens, disincorporated the Church, and permitted the seizure of Church property until the Church ordered the discontinuance of the practice in 1890, citing a revelation to the effect. National attention in the United States again focused on potential polygamy among the Church in the early 20th century during the House hearings on Representative-elect B. H. Roberts and Senate hearings on Senator-elect Reed Smoot (the Smoot Hearings). This caused Church president Joseph F. Smith to issue his "Second Manifesto" against polygamy in 1904. This manifesto clarified that all members of the LDS Church were prohibited from performing or entering into polygamous marriages, no matter what the legal status of such unions was in their respective countries of residence. Since that time, it has been Church policy to excommunicate any member either practicing or openly advocating the practice of polygamy. The ban on polygamy resulted in a schism within the Church, with various splinter groups leaving the Church to continue the practice of polygamy. Polygamy among these groups persists today in Utah, neighboring states, and the spin-off colonies, as well as among isolated individuals with no organized church affiliation. Polygamists of this kind are sometimes called "Mormon fundamentalists," although it should be noted that their Mormonism does not include any continued affiliation with the mainstream Church. According to one source, there are as many as 37,000 Fundamentalist Mormons, with less than half of them living in polygamous households [http://principlevoicesofpolygamy.myblogsite.com/blog/_archives/2005/8/28/1176399.html]. Most of the polygamy is believed to be restricted to about a dozen extended groups of polygamous Mormon fundamentalists. The practice of informal polygamy among these groups presents itself with interesting legal issues. It has been considered difficult to prosecute polygamists partly because they are not formally married under Utah law. Without evidence that suspected offenders have multiple formal or common-law marriages, these groups are merely subject to the laws against adultery or unlawful cohabitation. These laws are not commonly enforced because they also criminalize other behavior that is otherwise socially sanctioned. However, some "Mormon fundamentalist" polygamists marry women prior to the age of consent or commit fraud to obtain welfare and other public assistance. In 2005, the state attorneys-general of Utah and Arizona issued a [http://www.attorneygeneral.utah.gov/polygamy.html primer] on helping victims of domestic violence and child abuse in "Mormon fundamentalist" polygamous communities. Enforcement of other crimes such as child abuse, domestic violence, and fraud were emphasized over the enforcement of anti-polygamy laws.

Legal situation

Secular law in most western countries with large Jewish and Christian populations does not recognise polygamous marriages. However, few such countries have any laws against living a polygamous lifestyle: they simply refuse to give it any official recognition. Parts of the United States, however, criminalise even the polygamous lifestyle, which is unusual; these laws originated as anti-Mormon legislation, although they are rarely enforced.

Multiple divorce and marriage for polygamy

Some polygamous families use a system of multiple divorce and legal marriage as a loophole in order to avoid committing a criminal action. This is where the husband marries the first wife, she takes his last name, he divorces her and then marries the next wife who takes his name. For polyandry relationships, it is the wife that marries and divorces the husbands one after another. This is repeated until he has married and divorced all his wives, except possibly the last one. This way the wives feel justified in calling themselves Mrs. [husband's last name] and, while legally they're divorced from the husband, they act still married to him and expect those around them to acknowledge and respect this. Since only one wife is married to the husband at any one time, no law was being broken and so this type of polygamous family unit could be overt about their relationship. This changed in 2001, with the conviction of Thomas Arthur Green -- .

Recent polygamy prosections and convictions

In 2001, the state of Utah in the United States convicted Tom Green of criminal non-support and four counts of bigamy for having 5 serially monogamous marriages, while living with previous legally divorced wives. His cohabitation was considered evidence of a common-law marriage to the wives he had divorced while still living with them. That premise was subsequently affirmed by the Utah Supreme Court in [http://www.utcourts.gov/opinions/supopin/greeni090304.htm State v. Green], as applicable only in the State of Utah. Green was also convicted of child rape and criminal non-support. In 2005, the state attorneys-general of Utah and Arizona issued a [http://www.attorneygeneral.utah.gov/polygamy.html primer] on helping victims of domestic violence and child abuse in polygamous communities. These states are emphasizing enforcement of crimes of child abuse, domestic violence, and fraud over the enforcement of the crime of bigamy. The priorities of local prosecutors are not covered by this statement. [http://deseretnews.com/dn/view/0,1249,405025347,00.html Deseret News article about Tom Green]

Current proponents and opponents

David Friedman and Steve Sailer have argued that polygamy tends to benefit most women and disadvantage most men. Friedman uses this observation to argue in favor of legalizing polygamy, while Sailer uses it to argue against legalizing it. The Libertarian Party supports complete decriminalization of polygamy as part of a general belief that the government should not regulate marriages. Individualist feminism and advocates such as Wendy McElroy also support the freedom for adults to voluntarily enter polygamous marriages. The illegality of polygamy in certain areas creates, according to certain Bible passages, additional arguments against it. Paul of Tarsus writes "submit to the authorities, not only because of possible punishment but also because of conscience" (Romans 13:5), for "the authorities that exist have been established by God." (Romans 13:1) St Peter concurs when he says to "submit yourselves for the Lord's sake to every authority instituted among men: whether to the king, as the supreme authority, or to governors, who are sent by him to punish those who do wrong and to commend those who do right." (1 Peter 2:13,14) Pro-polygamists argue that, as long as polygamists currently do not obtain legal marriage licenses for additional spouses, no enforced laws are being broken any more than when monogamous couples who similarly co-habitate without a marriage license. The [http://www.biblicalpolygamy.com/exegesis/law-of-the-land/ "Law of the Land"] page at [http://www.biblicalpolygamy.com BiblicalPolygamy.com] provides and addresses more details on that specific issue. The Church of Jesus Christ of Latter-day Saints supports enforcing laws against polygamy. The Catholic Church clearly condemns polygamy; the Catechism of the Catholic Church lists it in paragraph 2387 under the head "Other offenses against the dignity of marriage" and states that it "is not in accord with the moral law." Also in paragraph 1645 under the head "The Goods and Requirements of Conjugal Love" states "The unity of marriage, distinctly recognized by our Lord, is made clear in the equal personal dignity which must be accorded to man and wife in mutual and unreserved affection. Polygamy is contrary to conjugal love which is undivided and exclusive." The ACLU of Utah is [http://www.aclu.org/ReligiousLiberty/ReligiousLiberty.cfm?ID=8318&c=142 opposed to Utah's law against bigamy]. Those who advocate a Federal Marriage Amendment to prohibit same-sex marriage generally word their proposed laws to also prohibit polygamy. United States Senator Rick Santorum opposes polygamy, comparing it to sodomy and adultery. Robert A. Heinlein was a science fiction writer who discussed polygyny, polyandry, group marriage, and line marriage in his works. Christian vegetarian activist and leader Nathan Braun implies a positive stance towards polygamy in the fourth edition of The History and Philosophy of Marriage (originally published, anonymously, by James Campbell in 1869).

How polygamists find more spouses

Those who live in their own communities tend to find their additional spouses from within their own communities or networks of like-communities. Those who are geographically separated from other polygamists in their culture use other means to find additional spouses. Some polygamists from all groups use the Internet to find additional spouses.

Mormon fundamentalists - aggregate in communities

Mormon fundamentalists (who are not associated with the Church of Jesus Christ of Latter-day Saints) continue to practice polygamy today, more than 100 years after the LDS Church discontinued the practice. These fundamentalists practice polygamy by tending to aggregate in communities where they all commonly share their own specific religious basis for polygamy. Notable polygamous communities (with over 500 residents) are:
- Bountiful, British Columbia
- Centennial Park, Arizona
- Colorado City, Arizona
- Hilldale, Utah
- Ozumba, Mexico
- Pinesdale, Montana
- Rocky Ridge, Utah

Muslims & traditionalist cultures

Polygamy, and laws concerning polygamy, differ greatly throughout the Islamic world and form a very complex and diverse background from nation to nation. Whereas in some Muslim countries it may be fairly common, in most others it is often rare or non-existent. However, there are certain core fundamentals which are found in most Muslim countries where the practice occurs. According to traditional Islamic law, a man may take up to four wives (however such limit is not found in the Qur'an, the Qur'an only stated 'place two and three and four', such statement was also used to describe the number of wings that angels have, and the wings of angels aren't limited to four wings), and each of those wives must have her own property, assets, and dowry. Usually the wives have little to no contact with each other (unlike Muhammad's wives, which had lots of contacts with each other, up to the point of jealousy when they think one wife received more affection than themself) and lead separate, individual lives in their own houses, and sometimes in different cities, though they all share the same husband. Thus, polygamy is traditionally restricted to men who can manage things, and in some countries it is illegal for a man to marry multiple wives if he is unable to afford to take care of each of them properly. In the modern Islamic world, polygamy is mainly found in traditionalist Arab cultures, Saudi Arabia and the United Arab Emirates for instance, whereas in secular Arab states like Lebanon and non-Arab Muslim countries, Turkey and Malaysia for example, it is either extremely rare or even banned outright. In traditionalist cultures where polygamy is still commonplace and legal, Muslim polygamists do not separate themselves from the society at large, since there would be no need as each spouse leads a separate life from the others.

On the Internet - polygamy personals

When it comes to seeking polygamous family situations via the internet, the options are very limited. For polyandrists, there are no web-sites dedicated to providing ads for single men seeking polyandry or even for polyandrous families seeking such single men. The only online opportunities for such ads would likely be found on polyamory sites such as [http://www.PolyMatchMaker.com PolyMatchMaker.com]. However, the very different kinds of relationship-seekers who would advertise on such polyamory sites involve additional issues with which most polygynists would never be interested in nor comfortable with being associated. Mormon, Muslim, and Christian polygamists are all exclusively polygyny-based, and all typically do not involve bisexual issues. Even most secular polygamists tend to be polygynists too. A handful of polygamy web-sites have attempted to offer such "polygamy personals" for polygynists. But such sites accomplish very little because they always lack the most sought-after individuals: single women who are actually and currently interested in marrying polygynously. One site, [http://www.2Wives.com 2Wives.com - Polygamy Personals], has actually ever been able to put a functioning system in place to provide such current ads of such real women. Another site offers a free, moderated chatroom link available to individuals interested in polygyny: [http://www.poligamyfamilychat.com] It focuses on family and the dignity of polygynous women in a non-denominational and secular setting. This site also provides links to other polygyny web sites. This site appears to be gaining popularity.

Polygamy in fiction

A number of writers have expressed their views on polygamy by writing about a fictional world in which it is the common type of relationship. These worlds tend to be utopian or dystopian in nature. For instance, Robert A. Heinlein uses this theme in a number of novels, such as Stranger in a Strange Land. Polygamy is practiced by the Fremen in Frank Herbert's Dune, as a means to pinpoint male infertility. It is socially accepted as long as the man provides for all wives equally. The Dune novel series was inspired by many Islamic cultures, Arabic cultures, and also many other cultures for its stories. Similarly, the Aiel society in Robert Jordan's Wheel of Time series practice a form of polygamy, in which multiple women may marry the same man (in that fictional culture, women are the ones who propose marriage). Sheri Tepper uses an extreme portrayal of Mormon polygamy in her book, 'The Gate to Women's Country'. Set in the future, after major calamities and atomic warfare, a group of Mormons are left to develop as a community. Woman are seen as mostly sex slaves who also do the cooking and laundry. Noted libertarian author L. Neil Smith included a character married to two sisters in his book The American Zone. The culture is one that recognized that ones religion and personal living accomodations are no one elses business. That "acts of capitalism between consenting adults" are the norm instead of something seen as "immoral". A Home at the End of the World is a novel and film about a polyandrous family. It explores issues of homosexuality and families. In the Sci-Fi T.V. series Enterprise. The ship's physician, Dr. Phlox (who is a Denobulan) has three wives, and each of his three wives have three husbands (including Dr. Phlox) of their own.

Bibliography

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External links

General

- [http://www.pro-polygamy.com Pro-Polygamy.com] - Provides op-eds and press releases on polygamy-related current events for the secular mass media
- [http://www.anti-polygamy.org Anti-Polygamy.org] - An pro-polygamy website that analyzes anti-polygamy rhetoric and arguments.
- [http://www.anti-polygamy.com Anti-Polygamy.com] - A discussion forum for both sides of the anti-polygamy debate.

Christian polygamy

- [http://www.christianpolygamy.info/ Christian Polygamy Info] - Presents definitions and the [http://www.christianpolygamy.info/history/ history] of the new, modern social [http://www.christianpolygamy.info/movement/ movement] which has [http://www.christianpolygamy.info/christian-polygamy-is-not-mormon-polygamy/ no connection to Mormon polygamy.]
- [http://www.truthbearer.org TruthBearer.org -- Organization for Christian polygamy] Provides activists with teachings, resources, support, and [http://www.truthbearer.org/media/ media interviews]
- [http://www.biblicalpolygamy.com Biblical Polygamy] - Presents biblical exegesis of arguments to support polygamy and lists out all the polygamists in the Bible
- [http://www.samchapman.f2s.com/polygamy.htm A defence of Christian polygamy] - discusses and answers objections many Christians have to polygamy with cited evidence in the Bible
- [http://www.polygamy.net/ Another defense of Christian polygamy]

Mormon polygamy

- [http://www.mormonpolygamy.com MormonPolygamy.com] - A group of Mormon women in Utah called "Principle Voices of Polygamy" who advocate and defend consensual, adult Mormon polygamy
- [http://www.childbrides.org Hope for the Child Brides] - non-profit organization in St. George, Utah, that offers assistance to any victims of abuse who live in specific Mormon polygamous communities where underage marriage occurs
- [http://www.polygamy.org Tapestry Against Polygamy] A group of ex-fundamentalist Mormon polygamous wives in Salt Lake City, Utah, who offer insight and assistance for anyone seeking to leave specific Mormon polygamous communities
- [http://www.signaturebookslibrary.org/essays/mormonpolygamy.htm Mormon Polygamy] - A study of the four major periods of Mormon Polygamy

Muslim polygamy

- [http://www.answering-christianity.com/polygamy.htm When is polygamy allowed in Islam?] - from a Muslim point of view

Jewish polygamy

- [http://polygamy.com/Jewish/index.htm Jewish Polygamy] Category:Crimes Category:Marriage Category:Religion and politics Category:Sexual fidelity <