Marriage

Introduction – Marriage is an institution or complex of social norms that sanctions the

relationship of a man and a woman and binds them in a system of mutual obligations and
rights essential to the functioning of a family life.

Definitions

a) Malinowski – Marriage is a contract for the production and the maintenance of

children.

b) Westermarck – It is a relation of one or more men with one or more women which is
recognized by custom or law and involves certain rights and duties both in the case of
parties entering the union and in the case of the children born out of the union.

c) Horton and Hunt – Marriage is an approved social pattern whereby two or more
persons establish a family.

[Legal, Biological and Social aspect of marriage]

Types of Marriage

1. Monogamy – one man marries one woman

2. Polygamy – one man marries more than one woman [Murdock study]

Causes of Polygamy (Westermarck)

a. Enforced Celibacy

b. Desire for more Children

c. Social Prestige

d. Economic Necessity

e. Variety and

f. Earlier ageing of Females

3. Polyandry – woman marries more than one man

Types
a. Fraternal or Adelphic Polyandry – One wife is regarded as wife of all brothers
who have sexual relations with her

b. Non Fraternal Polyandry – One woman had many husbands with who she
cohabits in tandem and it is not necessary that these husbands are brothers.

4. Group marriage – number of men marries number of women

Rules of Mate Selection

 Incest Taboo

Theories –
a. Inbreeding Theory

b. Instinctive Theory and

c. Social Cultural System Theory

 Exogamy – Formal rules of social preference compelling marriage outside the

immediate groups.

Types - Gotra Exogamy, Pravar Exogamy, Village Exogamy, Pinda Exogamy

 Endogamy – It is the practice of marrying within a defined group.

Types – Tribal Endogamy, Caste Endogamy, Class Endogamy, Subcaste

Endogamy, Race Endogamy
 Prescribed and Preferential Marriage

Prescribed Marriage – Where there is a rule that a man ought to marry a

person in a particular category
Preferential Marriage – When it is just thought desirable that a man should
find his wife in a particular category
Types

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 Levirate – The practice of being mate, actual or potential to one’s husband’s
brother
Sororate – The practice where several sisters are actually or potentially, the
spouses of the same man
Marriage between the men of higher castes with the women of lower caste –
Anuloma
Marriage between the women of higher castes with the men of lower caste –
Pratiloma

Hindu Marriage

Concept of Sacrament

Rituals – Kanyadan, Vivaha home, Panigahan, Saptapadi

Aims of Hindu Marriage

a. Fulfillment of Dharma

b. Procreation

c. Sexual Pleasure and

d. Discharge of Rinas

Forms of Hindu Marriage (8 types )

Brahma, Prajapatya, Arsha, Daiva, Asura, Gandharva, Rakshasa and Paishacha

Acccording to D.N. Majumdar, “[The present day]Hindu society recognises only two
forms, the Brahma and the Asura, the higher castes preferring the former and backward
castes the latter...”

Muslim Marriage

Civil Contract and Religious Duty

Nikah
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Conditions for Muslim Marriage

 Capacity for Marriage

 Proposal and Acceptance

 Single Meeting

 Legal Recognition –

a. Number

b. Religious Consideration

c. Relationships

d. Fosterage

e. Unlawful conjunction and

f. Iddat

Temporary Marriage (Muta)

Two conditions –

a. Specification of Period and

b. Specification of Dower

Types of Dower – Specified / Unspecified and Deferred

Tribal marriage

Social Contract

Types of Tribal Marriage –

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 1. Probationary Marriage

2. Marriage by Capture

3. Marriage by Trial

4. Marriage by Purchase

5. Marriage by Service

6. Marriage by Exchange

7. Marriage by Mutual Consent and

8. Marriage by Intrusion

Marriage and its Changing Patterns

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Dr. Sam J. Abraham, LL.M. Ph.D.

Assistant Professor
Amity Law School – Center II
Amity University UP
Mobile: 09413706290
Mail: samjabraham@gmail.com

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