Marriage and the Rules in Place Around the Globe

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Table of Contents

Introduction
Marriage Rules in India
Marital Traditions in Africa
Marriage Traditions in Saudi Arabia
Marriage Rules in the US
Conclusion
References

Introduction

One of the most critical topics in family cultural anthropology is the analysis of creating a marriage and regulations that guide this process towards its key objective: establishing a committed partnership capable of reproduction and further socialization of children. Since the form of marriage is the primary and core element of a family structure, cross-cultural research into marital patterns is of vital importance. Traditionally, the two most common marital practices in human societies are polygamous and monogamous marriages. This paper aims to gather and compare the data on marital rules in countries around the world.

Marriage Rules in India

Arranged marriage is the first marital form that comes to mind when discussing India. However, being territorially and sociologically a diverse country, India comprises various ethnic groups with their traditions and rules. In terms of marriage specifics, the country can be divided into two regions north and south. Like many other tribes in Southern India, the Toda tribe has a tradition of marrying into an already established kinship (Kazmi, Singh and Jaiswal, 2019). Besides, polyandry was widespread before, when one woman had several husbands. Other southern traditions included polygamy, practiced by wealthy men, and marriage by capture allowing to take another mans wife by paying compensation to the ex-husband (Kazmi, Singh and Jaiswal, 2019). Nowadays, most marriages in Indian South are monogamous, and polygamy and polyandry are not practiced.

One of the traditions, widely criticized by Western culture, consanguineous marriage, still has a place in India. One of the largest tribes located in the south of India, the Gonds, prefer close-family marriages, preferably between cousins (Kazmi, Singh and Jaiswal, 2019). Despite many predictions on the decrease of consanguineous marriages, recent research shows that intra-familial unions still remain popular in a substantial number of states, especially Andhra Pradesh, Karnataka, Tamil Nadu and Telegana (Kumari, Bittles and Saxena 2019, 8). Between the years 2015 and 2016, the rate of consanguineous marriages among Indias Muslim population is at 17.6% in urban areas and 14.9% in rural areas (Kumari, Bittles, and Saxena 2019, 6). Such results are entirely unexpected as it shows that intra-familial marriages are more widespread in supposedly more progressive areas than in the remote villages.

Another marital tradition, still in place in different regions in India, is marrying young. The Bhils tribe practice marriages as early as 11 years old for girls and 14 for boys (Kazmi, Singh and Jaiswal, 2019). The Arbor tribe, apart from marrying young, allows children, once they reach adolescence, to move to dormitories (ghotuls) where they share life and love with one another for several blissful years, ultimately resulting in their marriage by their parents (Kazmi, Singh and Jaiswal 2019, 14). Arranged marriage and dowry system, most widely spread in Northern India, is determined by a long-standing historical tradition and the caste system. There is a perception that the institution of arranged marriage is in decline. However, a recent study shows that self-choice unions across India comprise less than 10 percent of the total amount in the 2000s (Allendorf and Pandian 2016). This trend indicates that even though the Indian marriage system is slowly shifting towards the western model, the change is minimal.

Marital Traditions in Africa

The African continent comprises numerous countries with different rules and traditions. Like in India, marital practices in Africa differ from region to region. However, one of the traditions that the two areas share is early marriages. The highest rate of child marriages in the world is observed, in particular, in Sub-Saharan Africa (Koski, Clark and Nandi 2017). Several studies have been conducted recently to estimate whether the marital age is decreasing across Africa. The results, as expected, differ from country to country. For example, marriage before 18 declined in Burkina Faso and Ghana by 10 and 17 percentage points, respectively (Koski, Clark and Nandi 2017, 25). More shocking results were received from the analysis conducted in Benin, Mali, and Madagascar, where the number of girls married before 15 increased significantly (Koski, Clark and Nandi 2017). Such an outcome resembles Indias marital model progression, where the change is happening but slowly.

Several African communities practice a tradition similar to that of the Indian dowry system, or payment for a future wife. Historically referred to as the bridewealth rule, a woman was transferred to a man in exchange for cattle (Kuper 2016). The tradition of kinship, or marrying blood relatives, was also present in Africa; however, it was distinctive from region to region. For example, the Nguni tribe rarely allowed intra-family marriages, whereas the Sotho-Tswanas preferred consanguineous unions (Kuper 2016). Polygyny, or marrying several spouses, has a long history in the African continent. In earlier years, such a tradition was based on various cultural beliefs. Unmarried women were often associated with evil; therefore, marriage prevented them from being accused of witchcraft (Mwambene 2017). It was also seen as a solution to decrease the number of divorces due to infertility or early menopause (Mwambene 2017). Even though there is a slow shift towards the decline of polygyny, many Africans, men and women alike, are involved in polygamous marriages. The governments often justify such a trend as an attempt to increase the population.

Marriage Traditions in Saudi Arabia

The creation of familial relations worldwide depends on local laws, religious, cultural, and historical interpretations. Even though unions between a man and a woman are the main form of marriage in Saudi Arabia, the age at which women are allowed to get married is different from the European standards. Several Muslim countries such as Oman and Tunisia have the same legal age of marriage as in most of the Western world 18 years old. Traditional Sharia law in Saudi Arabia does not set a minimum marrying age, but boys rarely enter the union before graduating and getting a job (Al-Hakami and McLaughlin 2016). The situation with women, or more precisely young girls, is entirely different and has become a heated topic of public discussion globally. It is legal to marry girls as soon as they reach puberty or even before that if the couples parents agree on it (Al-Hakami and McLaughlin 2016). Arranged marriage is a staple in the Saudi world, and consanguinity is still common.

When analyzing marital rules in Saudi Arabia, it is essential to understand the connection between the marriage itself and sexual relations. Sex before marriage is not allowed by Sharia law; therefore, one of the primary reasons for getting married young is the desire for sexual fulfillment (Al-Hakami and McLaughlin 2016, 5). Moreover, if it is normal in Western cultures for young people to communicate openly, such a notion is unheard of in the Muslim world. Potential husband and wife can meet each other just before getting married and only in the presence of a chaperone. Since there is no legal minimum age for sexual consent, quite often the concepts of marriage and child marriage become interchangeable (Al-Hakami and McLaughlin 2016). Recently, there have been attempts from various human rights organizations fighting to protect women and childrens rights to intervene and force the Saudi government to set the legal minimum marrying age. However, Sharia law does not look at the age of sexual consent as the primary indicator. What has more considerable significance is the illegal nature of sexual relations before marriage. Therefore, if the couple is married, such a union is legitimate and approved by Islamic rules and traditions irrespective of the age.

Marriage Rules in the US

While marriage traditions in the countries discussed above can be characterized as too restrictive in a particular sense, marriage in the USA is quite often referred to as too liberal. However, by analyzing the USAs marital laws, it is evident that at least such a notion as child marriage is still present, albeit it is not very common. Even though 18 is the age set on a federal level allowing individuals to get married, 25 states allow legal unions before 18 if parental or judicial approval is obtained (Syrett 2017). The Southern states, such as Alabama, Kentucky, and West Virginia, have a long history of minor marriages due to religious conservatives strong presence and higher poverty rates (Syrett 2017). Astonishingly, statutory rapists in some states may even avoid prosecution if an agreement of marriage is reached between the accused and the victim (Syrett 2017). Therefore, while many assume that child marriages are only the issue in the developing world, such practice exists in the USA. In as many as 25 states, children with no minimum age set may be married with their parents consent.

Perhaps, there is one type of marriage that distinguishes the US from Saudi Arabia, India, and African countries. In 2015 the US Supreme Court officially recognized a right to marriage for all couples, gay and straight (Soucek 2017, 1098). Same-sex marriages or even civil partnerships are not legally permitted in India or Saudi Arabia and most African countries. It does not mean that there is no homosexuality in these regions. However, the legal form of marriage union is only between people of the opposite sex. Gay and lesbian couples in the US may face moral judgment and resistance in such issues as adoption and acceptance, but their desire to marry is constitutionally approved.

Conclusion

Marriage is the most common form of union between people in countries around the globe. However, the structure, age limits, sex of future partners, family involvement are all subject to traditional laws and cultural and economic factors. Therefore, the conventional idea of marriage varies from country to country resulting in numerous debates over which type of relationship is socially and legally acceptable. Same-sex marriages are now considered legitimate in the US but are not approved in Muslim countries. Conversely, some forms of marriage, such as forced or consanguineous unions are legalized in Africa, India, and Saudi Arabia, but are actively judged by the Western world and the US.

References

Alendorf, Keera, and Roshan K. Pandian. 2016. The Decline of Arranged Marriage? Marital Change and Continuity in India. Population and Development Review 42 (3): 435464.

Al-Hakami, Husain, and Kenneth McLaughlin. 2016. Debatable Marriages: Marriage and Child Marriage in Saudi Arabia. Marriage and Family Review 52 (7): 654 664.

Kazmi, Syed Sajid Husain, Garima Singh, and Soni Jaiswal. 2019. Mate Selection in Tribal India. A Sociological Perspective on Marriage, Family and Population Dynamic, Forthcoming. SSRN.

Koski, Alissa, Shelley Clark, and Arijit Nandi. 2017. Has Child Marriage Declined in Sub-Saharan Africa? An Analysis of Trends in 31 Countries. Population and Development Review 43 (1): 729.

Kumari, Nutan, Alan H. Bittles, and Prem Saxena. 2019. Has the Long-Predicted Decline in Consanguineous Marriage in India Occurred? Journal of Biosocial Science, 110.

Kuper, Adam. 2016. Traditions of Kinship, Marriage and Bridewealth in Southern Africa. Anthropology Southern Africa 39 (4): 267280.

Mwambene, Lea. 2017. What is the Future of Polygyny (Polygamy) in Africa? PER / PELJ 20 (1): 133. Web.

Soucek, Brian. 2017. Marriage, Morality, and Federalism: The USA and Europe compared. International Journal of Constitutional Law 15 (4): 1098 1118. Web.

Syrett, Nicholas. 2017. Child Marriage is Still Legal in the US. The Conversation, Web.

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