Marriage

Serial monogamy

Governments that support monogamy may allow easy divorce. In a number of Western countries, divorce rates approach 50%. Those who remarry do so usually no more than three times.^[19] Divorce and remarriage can thus result in "serial monogamy", i.e. having multiple marriages but only one legal spouse at a time. This can be interpreted as a form of plural mating, as are those societies dominated by female-headed families in the Caribbean, Mauritius and Brazil where there is frequent rotation of unmarried partners. In all, these account for 16 to 24% of the "monogamous" category.^[20]

Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, may remain an active part of her "ex-husband's" or "ex-wife's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in the British case, serial monogamy creates an "extended family" – a number of households tied together in this way, including mobile children (possible exes may include an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous nuclear family. As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by a male to whom they are married or divorced.^[21]

Polygyny

Polygyny usually grants wives equal status, although the husband may have personal preferences. One type of de facto polygyny is concubinage, where only one woman gets a wife's rights and status, while other women remain legal house mistresses.

Although a society may be classified as polygynous, not all marriages in it necessarily are; monogamous marriages may in fact predominate. It is to this flexibility that Anthropologist Robin Fox attributes its success as a social support system: "This has often meant – given the imbalance in the sex ratios, the higher male infant mortality, the shorter life span of males, the loss of males in wartime, etc. – that often women were left without financial support from husbands. To correct this condition, females had to be killed at birth, remain single, become prostitutes, or be siphoned off into celibate religious orders. Polygynous systems have the advantage that they can promise, as did the Mormons, a home and family for every woman."^[27]

Nonetheless, polygyny is a gender issue which offers men asymmetrical benefits. In some cases, there is a large age discrepancy (as much as a generation) between a man and his youngest wife, compounding the power differential between the two. Tensions not only exist between genders, but also within genders; senior and junior men compete for wives, and senior and junior wives in the same household may experience radically different life conditions, and internal hierarchy. Several studies have suggested that the wive's relationship with other women, including co-wives and husband's female kin, are more critical relationships than that with her husband for her productive, reproductive and personal achievement.^[28] In some societies, the co-wives are relatives, usually sisters, a practice called sororal polygyny; the pre-existing relationship between the co-wives is thought to decrease potential tensions within the marriage.^[29]

Fox argues that "the major difference between polygyny and monogamy could be stated thus: while plural mating occurs in both systems, under polygyny several unions may be recognized as being legal marriages while under monogamy only one of the unions is so recognized. Often, however, it is difficult to draw a hard and fast line between the two."^[30]

As polygamy in Africa is increasingly subject to legal limitations, a variant form of de facto (as opposed to legal or de jure) polygyny is being practiced in urban centers. Although it does not involve multiple (now illegal) formal marriages, the domestic and personal arrangements follow old polygynous patterns. The de facto form of polygyny is found in other parts of the world as well (including some Mormon sects and Muslim families in the United States).^[31] In some societies such as the Lovedu of South Africa, or the Nuer of the Sudan, aristocratic women may become female 'husbands.' In the Lovedu case, this female husband may take a number of polygamous wives. This is not a lesbian relationship, but a means of legitimately expanding a royal lineage by attaching these wives' children to it. The relationships are considered polygynous, not polyandrous, because the female husband is in fact assuming masculine gendered political roles.^[29]

Religious groups have differing views on the legitimacy of polygyny. It is allowed in Islam and Confucianism. Judaism and Christianity have mentioned practices involving polygyny in the past, however, outright religious acceptance of such practices was not addressed until its rejection in later passages. They do explicitly prohibit polygyny today.

Polyandry

Polyandry is notably more rare than polygyny, though less rare than the figure commonly cited in the Ethnographic Atlas (1980) which listed only those polyandrous societies found in the Himalayan Mountains. More recent studies have found 53 societies outside the 28 found in the Himalayans which practice polyandry.^[32] It is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with partible paternity, the cultural belief that a child can have more than one father.^[33]

The explanation for polyandry in the Himalayan Mountains is related to the scarcity of land; the marriage of all brothers in a family to the same wife (fraternal polyandry) allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this was prevented through the social practice of impartible inheritance (the dis-inheriting of most siblings, some of whom went on to become celibate monks and priests).^[34]

Plural marriage

Group marriage (also known as multi-lateral marriage) is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share parental responsibility for any children arising from the marriage.^[35] No country legally condones group marriages, neither under the law nor as a common law marriage, but historically it has been practiced by some cultures of Polynesia, Asia, Papua New Guinea and the Americas – as well as in some intentional communities and alternative subcultures such as the Oneida Perfectionists in up-state New York. Of the 250 societies reported by the American anthropologist George Murdock in 1949, only the Kaingang of Brazil had any group marriages at all.^[36]

Age

Most jurisdictions set a minimum age for marriage; that is, a person must attain a certain age to be legally allowed to marry. This age may depend on circumstances, for instance exceptions from the general rule may be permitted if the parents of a young person express their consent and/or if a court decides that said marriage is in the best interest of the young person (often this applies in cases where a girl is pregnant). Although most age restrictions are in place in order to prevent children from being forced into marriages, especially to much older partners – marriages which can have negative education and health related consequences, and lead to child sexual abuse and other forms of violence^[112] – such child marriages remain common in parts of the world. According to the UN, child marriages are most common in rural sub-Saharan Africa and South Asia. The ten countries with the highest rates of child marriage are: Niger (75%), Chad, Central African Republic, Bangladesh, Guinea, Mozambique, Mali, Burkina Faso, South Sudan, and Malawi.^[113]

Kinship

To prohibit incest and eugenic reasons, marriage laws have set restrictions for relatives to marry. Direct blood relatives are usually prohibited to marry, while for branch line relatives, laws are wary.^[114][115]

Kinship relations through marriage is also called "affinity", relationships that arise in one's group of origin, can also be called one's descent group. Some cultures in kinship relationships may be considered to extend out to those who they have economic or political relationships with; or other forms of social connections. Within some cultures they may lead you back to gods^[116] or animal ancestors (totems). This can be conceived of on a more or less literal basis.

Race

Laws banning "race-mixing" were enforced in certain North American jurisdictions from 1691^[117] until 1967, in Nazi Germany (the Nuremberg Laws) from 1935 until 1945, and in South Africa during most part of the apartheid era (1949–1985). All these laws primarily banned marriage between persons of different racially or ethnically defined groups, which was termed "amalgamation" or "miscegenation" in the U.S. The laws in Nazi Germany and many of the U.S. states, as well as South Africa, also banned sexual relations between such individuals.

In the United States, laws in some but not all of the states prohibited the marriage of whites and blacks, and in many states also the intermarriage of whites with Native Americans or Asians.^[118] In the U.S., such laws were known as anti-miscegenation laws. From 1913 until 1948, 30 out of the then 48 states enforced such laws.^[119] Although an "Anti-Miscegenation Amendment" to the United States Constitution was proposed in 1871, in 1912–1913, and in 1928,^[120][121] no nationwide law against racially mixed marriages was ever enacted. In 1967, the Supreme Court of the United States unanimously ruled in Loving v. Virginia that anti-miscegenation laws are unconstitutional. With this ruling, these laws were no longer in effect in the remaining 16 states that still had them.

The Nazi ban on interracial marriage and interracial sex was enacted in September 1935 as part of the Nuremberg Laws, the Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre (The Law for the Protection of German Blood and German Honour). The Nuremberg Laws classified Jews as a race and forbade marriage and extramarital sexual relations at first with people of Jewish descent, but was later ended to the "Gypsies, Negroes or their bastard offspring" and people of "German or related blood".^[122] Such relations were marked as Rassenschande (lit. "race-disgrace") and could be punished by imprisonment (usually followed by deportation to a concentration camp) and even by death.

South Africa under apartheid also banned interracial marriage. The Prohibition of Mixed Marriages Act, 1949 prohibited marriage between persons of different races, and the Immorality Act of 1950 made sexual relations with a person of a different race a crime.

Sex

Same-sex marriage is legally performed and recognized in countries such as Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands,^[a] New Zealand,^[b] Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom,^[c] the United States,^[d] and Uruguay. Israel recognizes same-sex marriages entered into abroad as full marriages.

The introduction of same-sex marriage has varied by jurisdiction, being variously accomplished through legislative change to marriage law, a court ruling based on constitutional guarantees of equality, or by direct popular vote (via ballot initiative or referendum). The recognition of same-sex marriage is considered to be a human right and a civil right as well as a political, social, and religious issue.^[123] The most prominent supporters of same-sex marriage are human rights and civil rights organizations as well as the medical and scientific communities, while the most prominent opponents are religious groups. Various faith communities around the world support same-sex marriage, while many religious groups oppose it. Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in some developing democracies.^[124]

The establishment of recognition in law for the marriages of same-sex couples is one of the most prominent objectives of the LGBT rights movement.

Number of spouses

Polygyny is widely practiced in mostly Muslim and African countries.^[125][126] In the Middle Eastern region, Israel, Turkey and Tunisia are notable exceptions.^[127]

In most other jurisdictions, polygamy is illegal. For example, In the United States, polygamy is illegal in all 50 states.^[128]

In the late-19th century, citizens of the self-governing territory of what is present-day Utah were forced by the United States federal government to abandon the practice of polygamy through the vigorous enforcement of several Acts of Congress, and eventually complied. The Church of Jesus Christ of Latter-day Saints formally abolished the practice in 1890, in a document labeled 'The Manifesto' (see Latter Day Saint polygamy in the late-19th century).^[129] Among American Muslims, a small minority of around 50,000 to 100,000 people are estimated to live in families with a husband maintaining an illegal polygamous relationship.^[128]

Several countries such as India and Sri Lanka,^[130] permit only their Islamic citizens to practice polygamy. Some Indians have converted to Islam in order to bypass such legal restrictions.^[131] Predominantly Christian nations usually do not allow polygamous unions, with a handful of exceptions being the Republic of the Congo, Uganda, and Zambia.

Marriage license, civil ceremony and registration

A marriage is usually formalized at a wedding or marriage ceremony. The ceremony may be officiated either by a religious official, by a government official or by a state approved celebrant. In various European and Latin American countries, any religious ceremony must be held separately from the required civil ceremony. Some countries – such as Belgium, Bulgaria, France, the Netherlands, Romania and Turkey^[132] – require that a civil ceremony take place before any religious one. In some countries – notably the United States, Canada, the United Kingdom, Ireland, Norway, and Spain – both ceremonies can be held together; the officiant at the religious and civil ceremony also serving as agent of the state to perform the civil ceremony. To avoid any implication that the state is "recognizing" a religious marriage (which is prohibited in some countries) – the "civil" ceremony is said to be taking place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If the civil element of the religious ceremony is omitted, the marriage ceremony is not recognized as a marriage by government under the law.

Some countries, such as Australia, permit marriages to be held in private and at any location; others, including England and Wales, require that the civil ceremony be conducted in a place open to the public and specially sanctioned by law for the purpose. In England, the place of marriage formerly had to be a church or register office, but this was extended to any public venue with the necessary licence. An exception can be made in the case of marriage by special emergency license (UK: 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 one of the parties to reside within the jurisdiction of the register office (formerly parish).

Each religious authority has rules for the manner in which marriages are to be conducted by their officials and members. Where religious marriages are recognised by the state, the officiator must also conform with the law of the jurisdiction.

Common-law marriage

In a small number of jurisdictions marriage relationships may be created by the operation of the law alone.^[133] Unlike the typical ceremonial marriage with legal contract, wedding ceremony, and other details, a common-law marriage may be called "marriage by habit and repute (cohabitation)." A de facto common-law marriage without a license or ceremony is legally binding in some jurisdictions but has no legal consequence in others.^[133]

Civil unions

A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in several countries in order to provide same-sex couples rights, benefits, and responsibilities similar (in some countries, identical) to opposite-sex civil marriage. In some jurisdictions, such as Brazil, New Zealand, Uruguay, Ecuador, France and the U.S. states of Hawaii and Illinois, civil unions are also open to opposite-sex couples.

"Marriage of convenience"

Sometimes people marry to take advantage of a certain situation, sometimes called a marriage of convenience or a sham marriage. In 2003, over 180,000 immigrants were admitted to the U.S. as spouses of U.S. citizens;^[135] more were admitted as fiancés of US citizens for the purpose of being married within 90 days. These marriages had a diverse range of motives, including obtaining permanent residency, securing an inheritance that has a marriage clause, or to enroll in health insurance, among many others. While all marriages have a complex combination of conveniences motivating the parties to marry, a marriage of convenience is one that is devoid of normal reasons to marry. In certain countries like Singapore sham marriages are punishable criminal offences.^[136]

Power and gender roles

Historically, in most cultures, married women had very few rights of their own, being considered, along with the family's children, the property of the husband; as such, they could not own or inherit property, or represent themselves legally (see, for example, coverture). Since the late 19th century, in some (primarily Western) countries, marriage has undergone gradual legal changes, aimed at improving the rights of the wife. These changes included giving wives legal identities of their own, abolishing the right of husbands to physically discipline their wives, giving wives property rights, liberalizing divorce laws, providing wives with reproductive rights of their own, and requiring a wife's consent when sexual relations occur. In the 21st century, there continue to be controversies regarding the legal status of married women, legal acceptance of or leniency towards violence within marriage (especially sexual violence), traditional marriage customs such as dowry and bride price, forced marriage, marriageable age, and criminalization of consensual behaviors such as premarital and extramarital sex.

Feminist theory approaches opposite-sex marriage as an institution traditionally rooted in patriarchy that promotes male superiority and power over women. This power dynamic conceptualizes men as "the provider operating in the public sphere" and women as "the caregivers operating within the private sphere".^[141] "Theoretically, women ... [were] defined as the property of their husbands .... The adultery of a woman was always treated with more severity than that of a man."^[142] "[F]eminist demands for a wife's control over her own property were not met [in parts of Britain] until ... [laws were passed in the late 19th century]."^[143]

Traditional heterosexual marriage imposed an obligation of the wife to be sexually available for her husband and an obligation of the husband to provide material/financial support for the wife. Numerous philosophers, feminists and other academic figures have commented on this throughout history, condemning the hypocrisy of legal and religious authorities in regard to sexual issues; pointing to the lack of choice of a woman in regard to controlling her own sexuality; and drawing parallels between marriage, an institution promoted as sacred, and prostitution, widely condemned and vilified (though often tolerated as a "necessary evil"). Mary Wollstonecraft, in the 18th century, described marriage as "legal prostitution".^[144] Emma Goldman wrote in 1910: "To the moralist prostitution does not consist so much in the fact that the woman sells her body, but rather that she sells it out of wedlock".^[145] Bertrand Russell in his book Marriage and Morals wrote that: "Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution."^[146] Angela Carter in Nights at the Circus wrote: "What is marriage but prostitution to one man instead of many?"^[147]

Some critics object to what they see as propaganda in relation to marriage – from the government, religious organizations, the media – which aggressively promote marriage as a solution for all social problems; such propaganda includes, for instance, marriage promotion in schools, where children, especially girls, are bombarded with positive information about marriage, being presented only with the information prepared by authorities.^[148][149]

The performance of dominant gender roles by men and submissive gender roles by women influence the power dynamic of a heterosexual marriage.^[150] In some American households, women internalize gender role stereotypes and often assimilate into the role of "wife", "mother", and "caretaker" in conformity to societal norms and their male partner. Author bell hooks states "within the family structure, individuals learn to accept sexist oppression as 'natural' and are primed to support other forms of oppression, including heterosexist domination."^[151] "[T]he cultural, economic, political and legal supremacy of the husband" was "[t]raditional ... under English law".^[152] This patriarchal dynamic is contrasted with a conception of egalitarian or peer marriage in which power and labour are divided equally, and not according to gender roles.^[141]

In the US, studies have shown that, despite egalitarian ideals being common, less than half of respondents viewed their opposite-sex relationships as equal in power, with unequal relationships being more commonly dominated by the male partner.^[153] Studies also show that married couples find the highest level of satisfaction in egalitarian relationships and lowest levels of satisfaction in wife dominate relationships.^[153] In recent years, egalitarian or peer marriages have been receiving increasing focus and attention politically, economically and culturally in a number of countries, including the United States.

Extra-marital sex

Different societies demonstrate variable tolerance of extramarital sex. The Standard Cross-Cultural Sample describes the occurrence of extramarital sex by gender in over 50 pre-industrial cultures.^[155][156] The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures. The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional" in 9 cultures, and "uncommon" in 15 cultures. Three studies using nationally representative samples in the United States found that between 10 and 15% of women and 20–25% of men engage in extramarital sex.^{[157][158][159]}

Many of the world's major religions look with disfavor on sexual relations outside marriage.^[160] In some non-secular Islamic countries, there are criminal penalties for sexual intercourse before marriage.^[161] Sexual relations by a married person with someone other than his/her spouse is known as adultery. Adultery is considered in many jurisdictions to be a crime and grounds for divorce.

In some countries, such as Saudi Arabia, Pakistan,^[162] Afghanistan,^[163][164] Iran,^[164] Kuwait,^[165] Maldives,^[166] Morocco,^[167] Oman,^[168] Mauritania,^[169] United Arab Emirates,^[170][171] Sudan,^[172] Yemen,^[173] any form of sexual activity outside marriage is illegal.

In some parts of the world, women and girls accused of having sexual relations outside marriage are at risk of becoming victims of honor killings committed by their families.^[174][175] In 2011 several people were sentenced to death by stoning after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali and Pakistan.^{[176][177][178][179][180][181][182][183][184]} Practices such as honor killings and stoning continue to be supported by mainstream politicians and other officials in some countries. In Pakistan, after the 2008 Balochistan honour killings in which five women were killed by tribesmen of the Umrani Tribe of Balochistan, Pakistani Federal Minister for Postal Services Israr Ullah Zehri defended the practice; he said:^[185] "These are centuries-old traditions, and I will continue to defend them. Only those who indulge in immoral acts should be afraid."^[186]

Sexual violence

An issue that is a serious concern regarding marriage and which has been the object of international scrutiny is that of sexual violence within marriage. Throughout much of the history, in most cultures, sex in marriage was considered a 'right', that could be taken by force (often by a man from a woman), if 'denied'. As the concept of human rights started to develop in the 20th century, and with the arrival of second-wave feminism, such views, and laws, have become less widely held.^[187]

The legal and social concept of marital rape has developed in most industrialized countries in the mid- to late 20th century; in many other parts of the world it is not recognized as a form of abuse, socially or legally. Several countries in Eastern Europe and Scandinavia made marital rape illegal before 1970, and other countries in Western Europe and the English-speaking Western world outlawed it in the 1980s and 1990s. In England and Wales, marital rape was made illegal in 1991. Although marital rape is being increasingly criminalized in developing countries too, cultural, religious, and traditional ideologies about "conjugal rights" remain very strong in many parts of the world; and even where countries may have adequate laws against rape in marriage, these laws may rarely be enforced.^[188]

Apart from the issue of rape committed against one's spouse, marriage is, in many parts of the world, closely connected with other forms of sexual violence: in some places, like Morocco, unmarried girls and women who are raped are often forced by their families to marry their rapist. Because being the victim of rape and losing virginity carry extreme social stigma, and the victims are deemed to have their "reputation" tarnished, a marriage with the rapist is arranged. This is claimed to be in the advantage of both the victim – who does not remain unmarried and does not lose social status – and of the rapist, who avoids punishment. In 2012, after a Moroccan 16-year-old girl committed suicide after having been forced by her family to marry her rapist and enduring further abuse by the rapist after they married, there have been protests from activists against this practice which is common in Morocco.^[189]

In some societies, the very high social and religious importance of marital fidelity, especially female fidelity, has as result the criminalization of adultery, often with harsh penalties such as stoning or flogging; as well as leniency towards punishment of violence related to infidelity (such as honor killings).^[190] In the 21st century, criminal laws against adultery have become controversial with international organizations calling for their abolition.^[191][192] Opponents of adultery laws argue that these laws are a major contributor to discrimination and violence against women, as they are enforced selectively mostly against women; that they prevent women from reporting sexual violence; and that they maintain social norms which justify violent crimes committed against women by husbands, families and communities. A Joint Statement by the United Nations Working Group on discrimination against women in law and in practice states that "Adultery as a criminal offence violates women's human rights".^[192] Some human rights organizations argue that the criminalization of adultery also violates internationally recognized protections for private life, as it represents an arbitrary interference with an individual's privacy, which is not permitted under international law.^[193]

Laws, human rights and gender status

The laws surrounding heterosexual marriage in many countries have come under international scrutiny because they contradict international standards of human rights; institutionalize violence against women, child marriage and forced marriage; require the permission of a husband for his wife to work in a paid job, sign legal documents, file criminal charges against someone, sue in civil court etc.; sanction the use by husbands of violence to "discipline" their wives; and discriminate against women in divorce.^{[194][195][196]}

Such things were legal even in many Western countries until recently: for instance, in France, married women obtained the right to work without their husband's permission in 1965,^{[197][198][199]} and in West Germany women obtained this right in 1977 (by comparison women in East Germany had many more rights).^[200][201] In Spain, during Franco's era, a married woman needed her husband's consent, referred to as the permiso marital, for almost all economic activities, including employment, ownership of property, and even traveling away from home; the permiso marital was abolished in 1975.^[202]

An absolute submission of a wife to her husband is accepted as natural in many parts of the world, for instance surveys by UNICEF have shown that the percentage of women aged 15–49 who think that a husband is justified in hitting or beating his wife under certain circumstances is as high as 90% in Afghanistan and Jordan, 87% in Mali, 86% in Guinea and Timor-Leste, 81% in Laos, 80% in Central African Republic.^[203] Detailed results from Afghanistan show that 78% of women agree with a beating if the wife "goes out without telling him [the husband]" and 76% agree "if she argues with him".^[204]

Throughout history, and still today in many countries, laws have provided for extenuating circumstances, partial or complete defenses, for men who killed their wives due to adultery, with such acts often being seen as crimes of passion and being covered by legal defenses such as provocation or defense of family honor.^[205]

Right and ability to divorce

While international law and conventions recognize the need for consent for entering a marriage – namely that people cannot be forced to get married against their will – the right to obtain a divorce is not recognized; therefore holding a person in a marriage against their will (if such person has consented to entering in it) is not considered a violation of human rights, with the issue of divorce being left at the appreciation of individual states.^[206]

In the EU, the last country to allow divorce was Malta, in 2011. Around the world, the only countries to forbid divorce are Philippines and Vatican City,^[207] although in practice in many countries which use a fault-based divorce system obtaining a divorce is very difficult. The ability to divorce, in law and practice, has been and continues to be a controversial issue in many countries, and public discourse involves different ideologies such as feminism, social conservatism, religious interpretations.^[208]

Dowry and bridewealth

In recent years, the customs of dowry and bride price have received international criticism for inciting conflicts between families and clans; contributing to violence against women; promoting materialism; increasing property crimes (where men steal goods such as cattle in order to be able to pay the bride price); and making it difficult for poor people to marry. African women's rights campaigners advocate the abolishing of bride price, which they argue is based on the idea that women are a form of property which can be bought.^[209] Bride price has also been criticized for contributing to child trafficking as impoverished parents sell their young daughters to rich older men.^[210] A senior Papua New Guinea police officer has called for the abolishing of bride price arguing that it is one of the main reasons for the mistreatment of women in that country.^[211] The opposite practice of dowry has been linked to a high level of violence (see Dowry death) and to crimes such as extortion.^[212]

Children born outside marriage

Historically, and still in many countries, children born outside marriage suffered severe social stigma and discrimination. In England and Wales, such children were known as bastards and whoresons.

There are significant differences between world regions in regard to the social and legal position of non-marital births, ranging from being fully accepted and uncontroversial to being severely stigmatized and discriminated.^[214][215]

The 1975 European Convention on the Legal Status of Children Born out of Wedlock protects the rights of children born to unmarried parents.^[216] The convention states, among others, that: "The father and mother of a child born out of wedlock shall have the same obligation to maintain the child as if it were born in wedlock" and that "A child born out of wedlock shall have the same right of succession in the estate of its father and its mother and of a member of its father's or mother's family, as if it had been born in wedlock."^[217]

While in most Western countries legal inequalities between children born inside and outside marriage have largely been abolished, this is not the case in some parts of the world.

The legal status of an unmarried father differs greatly from country to country. Without voluntary formal recognition of the child by the father, in most cases there is a need of due process of law in order to establish paternity. In some countries however, unmarried cohabitation of a couple for a specific period of time does create a presumption of paternity similar to that of formal marriage. This is the case in Australia.^[218] Under what circumstances can a paternity action be initiated, the rights and responsibilities of a father once paternity has been established (whether he can obtain parental responsibility and whether he can be forced to support the child) as well as the legal position of a father who voluntarily acknowledges the child, vary widely by jurisdiction. A special situation arises when a married woman has a child by a man other than her husband. Some countries, such as Israel, refuse to accept a legal challenge of paternity in such a circumstance, in order to avoid the stigmatization of the child (see Mamzer, a concept under Jewish law). In 2010, the European Court of Human Rights ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him to see the children.^[219]

The steps that an unmarried father must take in order to obtain rights to his child vary by country. In some countries (such as the UK – since 2003 in England and Wales, 2006 in Scotland, and 2002 in Northern Ireland) it is sufficient for the father to be listed on the birth certificate for him to have parental rights;^[220] in other countries, such as Ireland, simply being listed on the birth certificate does not offer any rights, additional legal steps must be taken (if the mother agrees, the parents can both sign a "statutory declaration", but if the mother does not agree, the father has to apply to court).^[221]

Children born outside marriage have become more common, and in some countries, the majority. Recent data from Latin America showed figures for non-marital childbearing to be 74% for Colombia, 69% for Peru, 68% for Chile, 66% for Brazil, 58% for Argentina, 55% for Mexico.^[222][223] In 2012, in the European Union, 40% of births were outside marriage,^[224] and in the United States, in 2013, the figure was similar, at 41%.^[225] In the United Kingdom 48% of births were to unmarried women in 2012; in Ireland the figure was 35%.^[224]

During the first half of the 20th century, unmarried women in some Western countries were coerced by authorities to give their children up for adoption. This was especially the case in Australia, through the forced adoptions in Australia, with most of these adoptions taking place between the 1950s and the 1970s. In 2013, Julia Gillard, then Prime Minister of Australia, offered a national apology to those affected by the forced adoptions.^[226][227]

Some married couples choose not to have children. Others are unable to have children because of infertility or other factors preventing conception or the bearing of children. In some cultures, marriage imposes an obligation on women to bear children. In northern Ghana, for example, payment of bridewealth signifies a woman's requirement to bear children, and women using birth control face substantial threats of physical abuse and reprisals.^[228]

Baháʼí Faith

The Baháʼí Faith encourages marriage and views it as a mutually strengthening bond. A Baháʼí marriage is contingent on the consent of all living parents.^[231]

Christianity

"'Then the Lord God made a woman from the rib he had taken out of the man, and he brought her to the man. The man said, "This is now bone of my bones and flesh of my flesh; she shall be called 'woman, ' for she was taken out of man." For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh.^[232]

"'...So they are no longer two, but one. Therefore what God has joined together, let man not separate."

— Jesus^[233]

Modern Christianity bases its views on marriage upon the teachings of Jesus and the Paul the Apostle.^[234] Many of the largest Christian denominations regard marriage as a sacrament, sacred institution, or covenant.^[235]

The first known decrees on marriage were during the Roman Catholic Council of Trent (twenty-fourth session of 1563), decrees that made the validity of marriage dependent on the wedding occurring in the presence of a priest and two witnesses.^[236][237] The absence of a requirement of parental consent ended a debate that proceeded from the 12th century.^[237][238] In the case of a civil divorce, the innocent spouse had and has no right to marry again until the death of the other spouse terminates the still valid marriage, even if the other spouse was guilty of adultery.^[237]

The Christian Church performed marriages in the narthex of the church prior to the 16th century, when the emphasis was on the marital contract and betrothal. Subsequently, the ceremony moved inside the sacristy of the church.^[236][239]

Christians often^[quantify] marry for religious reasons, ranging from following the biblical injunction for a "man to leave his father and mother and cleave to his wife, and the two shall become one",^[240] to accessing the Divine grace of the Roman Catholic Sacrament.^[241]

Catholics, Eastern Orthodox, as well as many Anglicans and Methodists, consider marriage termed holy matrimony to be an expression of divine grace,^[242] termed a sacrament and mystery in the first two Christian traditions. In Western ritual, the ministers of the sacrament are the spouses themselves, with a bishop, priest, or deacon merely witnessing the union on behalf of the Church and blessing it. In Eastern ritual churches, the bishop or priest functions as the actual minister of the Sacred Mystery; Eastern Orthodox deacons may not perform marriages. Western Christians commonly refer to marriage as a vocation, while Eastern Christians consider it an ordination and a martyrdom, though the theological emphases indicated by the various names are not excluded by the teachings of either tradition.^{[dubious – discuss]} Marriage is commonly celebrated in the context of a Eucharistic service (a nuptial Mass or Divine Liturgy). The sacrament of marriage is indicative of the relationship between Christ and the Church.^[243]

The Roman Catholic tradition of the 12th and 13th centuries defined marriage as a sacrament ordained by God,^[234] signifying the mystical marriage of Christ to his Church.^[244]

The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament.^[245]

For Catholic and Methodist Christians, the mutual love between husband and wife becomes an image of the eternal love with which God loves humankind.^[246] In the United Methodist Church, the celebration of Holy Matrimony ideally occurs in the context of a Service of Worship, which includes the celebration of the Eucharist.^[242] Likewise, the celebration of marriage between two Catholics normally takes place during the public liturgical celebration of the Holy Mass, because of its sacramental connection with the unity of the Paschal mystery of Christ (Communion). Sacramental marriage confers a perpetual and exclusive bond between the spouses. By its nature, the institution of marriage and conjugal love is ordered to the procreation and upbringing of offspring. Marriage creates rights and duties in the Church between the spouses and towards their children: "[e]ntering marriage with the intention of never having children is a grave wrong and more than likely grounds for an annulment".^[247] According to Roman Catholic legislation, progeny of annulled relationships are considered legitimate. Civilly remarried persons who civilly divorced a living and lawful spouse are not separated from the Church, but they cannot receive Eucharistic Communion.^[248]

Divorce and remarriage, while generally not encouraged, are regarded differently by each Christian denomination, with certain traditions, such as the Catholic Church, teaching the concept of an annulment. For example, the Reformed Church in America permits divorce and remarriage,^[249] while connexions such as the Evangelical Methodist Church Conference forbid divorce except in the case of fornication and do not allow for remarriage in any circumstance.^[250] The Eastern Orthodox Church allows divorce for a limited number of reasons, and in theory, but usually not in practice, requires that a marriage after divorce be celebrated with a penitential overtone. With respect to marriage between a Christian and a pagan, the early Church "sometimes took a more lenient view, invoking the so-called Pauline privilege of permissible separation (1 Cor. 7) as legitimate grounds for allowing a convert to divorce a pagan spouse and then marry a Christian."^[251]

The Catholic Church adheres to the proscription of Jesus in Matthew, 19: 6 that married spouses who have consummated their marriage "are no longer two, but one flesh. Therefore, what God has joined together, no human being must separate."^[252] Consequently, the Catholic Church understands that it is wholly without authority to terminate a sacramentally valid and consummated marriage, and its Codex Iuris Canonici (1983 Code of Canon Law) confirms this in Canons 1055–7. Specifically, Canon 1056 declares that "the essential properties of marriage are unity and indissolubility; in [C]hristian marriage they acquire a distinctive firmness by reason of the sacrament."^[253] Canon 1057, §2 declares that marriage is "an irrevocable covenant".^[254] Therefore, divorce of such a marriage is a metaphysical, moral, and legal impossibility. However, the Church has the authority to annul a presumed "marriage" by declaring it to have been invalid from the beginning, i. e., declaring it not to be and never to have been a marriage, in an annulment procedure,^[255] which is basically a fact-finding and fact-declaring effort.

For Protestant denominations, the purposes of marriage include intimate companionship, rearing children, and mutual support for both spouses to fulfill their life callings. Most Reformed Christians did not regard marriage to the status of a sacrament "because they did not regard matrimony as a necessary means of grace for salvation"; nevertheless it is considered a covenant between spouses before God.^cf.[256] In addition, some Protestant denominations (such as the Methodist Churches) affirmed that Holy Matrimony is a "means of grace, thus, sacramental in character".^[257]

Since the 16th century, five competing models have shaped marriage in the Western tradition, as described by John Witte, Jr.:^[258]

• Marriage as Sacrament in the Roman Catholic Tradition
• Marriage as Social Estate in the Lutheran Reformation
• Marriage as Covenant in the Reformed (and Methodist) Traditions^[259]
• Marriage as Commonwealth in the Anglican Tradition
• Marriage as Contract in the Enlightenment Tradition

Members of the Church of Jesus Christ of Latter-day Saints (LDS Church) believe that "marriage between a man and a woman is ordained of God and that the family is central to the Creator's plan for the eternal destiny of His children."^[260] Their view of marriage is that family relationships can endure beyond the grave.^[261] This is known as 'eternal marriage' which can be eternal only when authorized priesthood holders perform the sealing ordinance in sacred temples.^[262]

With respect to religion, historic Christian belief emphasizes that Christian weddings should occur in a church as Christian marriage should begin where one also starts their faith journey (Christians receive the sacrament of baptism in church in the presence of their congregation).^[263] Catholic Christian weddings must "take place in a church building" as holy matrimony is a sacrament; sacraments normatively occur in the presence of Christ in the house of God, and "members of the faith community [should be] present to witness the event and provide support and encouragement for those celebrating the sacrament."^[263] Bishops never grant permission "to those requesting to be married in a garden, on the beach, or some other place outside of the church" and a dispensation is only granted "in extraordinary circumstances (for example, if a bride or groom is ill or disabled and unable to come to the church)."^[263] Marriage in the church, for Christians, is seen as contributing to the fruit of the newlywed couple regularly attending church each Lord's Day and raising children in the faith.^[263]

Islam

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Islam also commends marriage, with the age of marriage being whenever the individuals feel ready, financially and emotionally.^[268]

In Islam, polygyny is allowed while polyandry is not, with the specific limitation that a man can have no more than four legal wives at any one time and an unlimited number of female slaves as concubines who may have rights similar wives, with the exception of not being free unless the man has children with them, with the requirement that the man is able and willing to partition his time and wealth equally among the respective wives and concubines (this practice of concubinage, as in Judaism, is not applicable in contemporary times and has been deemed by scholars as invalid due to shifts in views about the role of slavery in the world).^[269]

For a Muslim wedding to take place, the bridegroom and the guardian of the bride (wali) must both agree on the marriage. Should the guardian disagree on the marriage, it may not legally take place. If the wali of the girl is her father or paternal grandfather, he has the right to force her into marriage even against her proclaimed will, if it is her first marriage, the exercise of this power is, however, very strictly regulated in the interests of the bride. A guardian who is allowed to force the bride into marriage is called wali mujbir. As minors are not in a position to make a declaration of their wishes which is valid in law, they can only be married at all by a wali mudjbir, but a woman married in this way by another than her ascendant is entitled on coming of age to demand that her marriage be declared void (faskh) by the qadi.^[270]

From an Islamic (Sharia) law perspective, the minimum requirements and responsibilities in a Muslim marriage are that the groom provide living expenses (housing, clothing, food, maintenance) to the bride, and in return, the bride's main responsibility is raising children to be proper Muslims. All other rights and responsibilities are to be decided between the husband and wife, and may even be included as stipulations in the marriage contract before the marriage actually takes place, so long as they do not go against the minimum requirements of the marriage.

In Sunni Islam, marriage must take place in the presence of at least two reliable witnesses, with the consent of the guardian of the bride and the consent of the groom. Following the marriage, the couple may consummate the marriage. To create an 'urf marriage, it is sufficient that a man and a woman indicate an intention to marry each other and recite the requisite words in front of a suitable Muslim. The wedding party usually follows but can be held days, or months later, whenever the couple and their families want to; however, there can be no concealment of the marriage as it is regarded as public notification due to the requirement of witnesses.^{[271][272][273][274]}

In Shia Islam, marriage may take place without the presence of witnesses as is often the case in temporary Nikah mut'ah (prohibited in Sunni Islam), but with the consent of both the bride and the groom. Following the marriage, they may consummate their marriage.^[275]

Judaism

In Judaism, marriage is based on the laws of the Torah and is a contractual bond between spouses in which the spouses agree to be consecrated to one another.^[276] This contract is called Kiddushin.^[277] Though procreation is not the sole purpose, a Jewish marriage is also expected to fulfill the commandment to have children, as it is written "God blessed them and God said to them, 'Be fertile and increase.'"^[278] The main focus centers around the relationship between the spouses. Kabbalistically, marriage is understood to mean that the spouses are merging into a single soul. In Kabbalistic thought, a man is considered "incomplete" if he is not married, as his soul is only one part of a larger whole that remains to be unified.^[279]

The Hebrew Bible describes a number of marriages, including those of Isaac,^[280] Jacob^[281] and Samson.^[282] Polygyny, or men having multiple wives at once, is one of the most common marital arrangements represented in the Hebrew Bible;^[283] another is that of concubinage (pilagshut) which was often arranged by a man, and a woman who generally enjoyed the same rights as a full legal wife. Other means of concubinage are observed by the author of Judges 19–20,^[284] or during war, as in Deuteronomy 21:10–12.^[285] The rabbis of the Talmud exhibited discomfort with abduction of women in war for the purpose of marriage, declaring it to be a "compromise against man's evil inclination" to be avoided.^[286] Today Ashkenazi Jews are prohibited to take more than one wife because of a ban instituted on this by Gershom ben Judah (d. 1040 CE). However, academic scholarship indicates that prohibitions on polygyny may have existed far earlier, based on the Damascus Covenant.^[287]

Among ancient Hebrews, marriage was a domestic affair and not a religious ceremony; no officiant or witness was required by law. The Rambam wrote that "before the Torah was given, when a man would meet a woman in the marketplace and he and she decided to marry, he would bring her home, conduct relations in private and thus make her his wife." Subsequently, to the Torah being handed down at Sinai, however, the Jews received the commandment that a marriage must be witnessed.^[288]

Betrothal (erusin), which refers to the time that this binding contract is made, is distinct from marriage itself (nissu'in), with the time between these events varying substantially.^[283][289] In biblical times, a wife was regarded as personal property, belonging to her husband;^[283][289] the descriptions of the Bible suggest that she would be expected to perform tasks such as spinning, sewing, weaving, manufacture of clothing, fetching of water, baking of bread, and animal husbandry.^[281] A husband's obligations to his wife are 1) to provide her with food and care; 2) to supply her clothing and shelter; 3) to share a home with her; 4) to provide the ketubah (marriage contract); 5) to supply medical care if she falls ill; 6) to ransom her back if she is kidnapped; 7) to provide proper burial when she dies; 8) to provide for her materially if he predeceases her; 9) to provide for the support of their daughters until they marry or become adults; and 10) to see that their sons inherit the money specified in her ketubah, in addition to their portion of his estate.^[290] Men are also obligated sexually to their wives, per BT Ketubot 61b:10, with the frequency of marital relations determined in part by the occupation (and hence availability) of the husband.^[291]

Per Deuteronomy 24, because a wife was regarded as property, her husband was originally free to divorce her for any reason, at any time.^[289] However, Talmudic sources complicate this matter significantly, with Beit Shammai stating that a man may divorce his wife only if she has committed a sexual transgression (such as adultery).^[292] Divorcing a woman against her will was also banned by Gershom ben Judah for Ashkenazi Jews. A divorced couple were permitted to remarry, unless the wife had married someone else after her divorce.^[293]

Ancient Near East

Many cultures have legends concerning the origins of marriage. The way in which a marriage is conducted and its rules and ramifications have changed over time, as has the institution itself, depending on the culture or demographic of the time.^[309]

The first recorded evidence of marriage ceremonies uniting a man and a woman dates back to approximately 2350 BC, in ancient Mesopotamia.^[310] Wedding ceremonies, as well as dowry and divorce, can be traced back to Mesopotamia and Babylonia.^[311]

According to ancient Hebrew tradition, a wife was seen as being property of high value and was, therefore, usually, carefully looked after.^[283][289] Early nomadic communities in the Middle East practiced a form of marriage known as beena, in which a wife would own a tent of her own, within which she retains complete independence from her husband;^[312] this principle appears to survive in parts of early Israelite society, as some early passages of the Bible appear to portray certain wives as each owning a tent as a personal possession^[312] (specifically, Jael,^[313] Sarah,^[314] and Jacob's wives^[315]).

The husband, too, is indirectly implied to have some responsibilities to his wife. The Covenant Code orders "If he take him another; her food, her clothing, and her duty of marriage, shall he not diminish (or lessen)".^[316] If the husband does not provide the first wife with these things, she is to be divorced, without cost to her.^[317] The Talmud interprets this as a requirement for a man to provide food and clothing to, and have sex with, each of his wives.^{[318][clarification needed]} However, "duty of marriage" is also interpreted as whatever one does as a married couple, which is more than just sexual activity. And the term diminish, which means to lessen, shows the man must treat her as if he was not married to another.

As a polygynous society, the Israelites did not have any laws that imposed marital fidelity on men.^[319][320] However, the prophet Malachi states that none should be faithless to the wife of his youth and that God hates divorce.^[321] Adulterous married women, adulterous betrothed women, and the men who slept with them, however, were subject to the death penalty by the biblical laws against adultery^{[322][323][324]} According to the Priestly Code of the Book of Numbers, if a pregnant^[325] woman was suspected of adultery, she was to be subjected to the Ordeal of Bitter Water,^[326] a form of trial by ordeal, but one that took a miracle to convict. The literary prophets indicate that adultery was a frequent occurrence, despite their strong protests against it,^{[327][328][329][330]} and these legal strictness's.^[319]

Classical Greece and Rome

In ancient Greece, no specific civil ceremony was required for the creation of a heterosexual marriage – only mutual agreement and the fact that the couple must regard each other as husband and wife accordingly.^[331] Men usually married when they were in their 20s and women in their teens.^[332] It has been suggested that these ages made sense for the Greeks because men were generally done with military service or financially established by their late 20s, and marrying a teenage girl ensured ample time for her to bear children, as life expectancies were significantly lower.^{[citation needed]} Married Greek women had few rights in ancient Greek society and were expected to take care of the house and children.^{[citation needed]} Time was an important factor in Greek marriage. For example, there were superstitions that being married during a full moon was good luck and Greeks married in the winter in honor of Hera.^[331] Inheritance was more important than feelings: a woman whose father dies without male heirs could be forced to marry her nearest male relative – even if she had to divorce her husband first.^[333]

There were several types of marriages in ancient Roman society. The traditional ("conventional") form called conventio in manum required a ceremony with witnesses and was also dissolved with a ceremony.^[334] In this type of marriage, a woman lost her family rights of inheritance of her old family and gained them with her new one. She now was subject to the authority of her husband.^[335] There was the free marriage known as sine manu. In this arrangement, the wife remained a member of her original family; she stayed under the authority of her father, kept her family rights of inheritance with her old family and did not gain any with the new family.^[336] The minimum age of marriage for girls was 12.^[337]

Germanic tribes

Among ancient Germanic tribes, the bride and groom were roughly the same age and generally older than their Roman counterparts, at least according to Tacitus:

The youths partake late of the pleasures of love, and hence pass the age of puberty unexhausted: nor are the virgins hurried into marriage; the same maturity, the same full growth is required: the sexes unite equally matched and robust, and the children inherit the vigor of their parents.^[338]

Where Aristotle had set the prime of life at 37 years for men and 18 for women, the Visigothic Code of law in the 7th century placed the prime of life at 20 years for both men and women, after which both presumably married. Tacitus states that ancient Germanic brides were on average about 20 and were roughly the same age as their husbands.^[339] Tacitus, however, had never visited the German-speaking lands and most of his information on Germania comes from secondary sources. In addition, Anglo-Saxon women, like those of other Germanic tribes, are marked as women from the age of 12 and older, based on archaeological finds, implying that the age of marriage coincided with puberty.^[340]