EVOLUTION AND CONCEPT OF INSTITUTION OF MARRIAGE

Abstract

The concept of marriage is as old as time, but from those days the concept of marriage has evolved a lot than what we see today. The institution of marriage is ancient and has many variations it evolved with time and with the development of complex human emotions the meaning of marriage developed from being a mere economic liaison to social contract to romantic relations we see how differently societies perceived the idea of marriage time to time, we will discuss the same in this paper and try to understand how the concept of marriage came into being and then evolved.

Definitions of the wedding have been provided by sociologists and anthropologists. The following provides a few crucial definitions. Edward Westermarck. ” Marriage could be a connection of one or a great deal of men to one or a ton of women that is perceived by custom or regulation and includes sure privileges and obligations each inside the instance of the gatherings coming into the association and inside the instance of the youths brought into its world.

Keywords

Marriage, Religious aspect, Same-sex marriage, Child marriage, Polyandry, Polygamy Rights, duties Customs, laws Inheritance, Society, Gender equality

Introduction

Marriage otherwise called marriage or the bounds of marriage, is socially and lawfully perceived joining between two people called companions it makes connection between them their youngsters (if any) their families or parents in law. The Middle English word “marriage” comes from the old French word “marier,” which means “to marry.” It was first used from 1250 to 1300 CE. The earliest recorded proof of wedding functions traces all the way back to antiquated Mesopotamia [1]and old Egypt, these early relationships were predominantly to fill the needs of monetary, social or political increases[2]. Marriage is fundamentally an association of two people perceived by customs or regulations. Overall there exist many types of relationships like as per the quantity of mates: monogamy, bigamy, polyandry, or polygamy, etc. and in accordance with the marriage’s direction: cousin marriage same sex marriage endogamy exogamy and so forth.

Religious aspects of marriage

Through this we will understand how in different cultures and religion what marriage means and the idea that evolved.

Hindu Marriage

The idea of marriage under Hindu religion is a holy observance in name of God by performing strict functions to accomplish moksha by controlling artha and kama by rehearsing dharma, which is result of Hindu way of thinking of life and marriage by doing ones social and strict obligations.[3] The evolution of the concept of marriage as a result of social change in society from Vedic mantras to religious duty and finally to sacrament was the result of rules and regulations being developed by ancient text writers and then by states from time to time. The elements of Hindu marriage have been further changed by coming of arising fluctuating connections that are in the idea of marriage.

CEREMONIES – As Hindu marriages are sacrament, they are known to be the bond for 7 lives between the bride and bridegroom there are many ceremonies and rites in Hindu marriage but Saptapadi and Kanyadaan are know to be very essential rituals.

PROHIBITED DEGREES – In Hindu marriages there are specific degrees of prohibited relationship which means they cannot marry each other first is Sapinda relations: they are the people who are the members of the same pind or common ancestry which means they must not be related within three generations above you on your mother’s side of the family and five generations above you on your father’s side of the family. Similarly there is provision of prohibited degree in the Hindu Marriage Act, 1955 which defines these prohibited degrees of marriage under section 3(g).[4]

Forms of Hindu Marriage

Brahma marriage
Prajapatya marriage
Aarsh marriage
Daiva Marriage
Asura marriage
Gandharva marriage
Rakshas marriage
Paisach marriage

Muslim Marriage- In Muslim Law marriages are contract known as ‘ Nikah’ is a legal contract between a bride and bridegroom. The word nikah in itself means a strong agreement the Quran defines Nikah as “mithaqun ghalithun” [5]

CONDITIONS – there are few conditions for nikah when these are fulfilled then a man and a woman are pronounced husband and wife and can live together and fulfill their marital duties.

1. Proposal made by or on behalf of one party to the marriage and acceptance of that proposal by or on behalf of the other party, this proposal is called Ijab and this acceptance is called Qubul.

2. Proposal and acceptance must be done in One sitting.

3. Both proposal and acceptance must be expressed at once, right after the proposal there must be acceptance.

4. Competent parties only, which means they must be sane and adults.

5. Presence of witnesses, there must be one male and 2 female witnesses who must be sane and adults.

DIFFERENT FORMS- There are different forms in Muslim marriage they are;

1. Sahih Nikah, this is the valid marriage it means it fulfills all the conditions and it is the purest form of nikah.

2. Batil Nikah, this is the void marriage it means it does not fulfill all the requirements of a proper marriage it can be a marriage between prohibited degrees of relationship or prohibited by the reason of affinity etc.

3. Fasid Nikah, it is irregular marriage it means there are some irregularities and because of them the marriage is voidable but if these irregularities are reconciled the marriage will become sahih or functional or proper.

4. Muta Nikah, this type of marriage is for pleasure only a muta marriage has a time period it can span as short as for a minute to as long as the husband-and-wife desire. This form of marriage is not recognized by Ithna Ashari or Shia school of Muslim law.[6]

Marriage in various other religions

Christian law- The parties to a Christian marriage engage in the ceremony in accordance with the customs and rituals prescribed by the Church Minister or Priest. However, for the ceremony to be valid, two witnesses other than the Minister or Church Priest must be present.

Given that the marriage neglects to happen in no less than sixty days of the issuance of the notification by the Clergyman of Religion, the marriage can’t be led until and except if a new application for the notification expected for solemnization of marriage has been properly made.

Parsi law- Parsis belong the religious community of Zoroastrians, the marriage between them is regulated through the Parsi Marriage and Divorce Act, 1936. The marriage needs to be solemnized by Parsi priest and 2 witnesses from the community and Ashirvad ceremony is the most essential ceremony without which the marriage shall be invalid.

Special Marriage law- The law regulates and governs all kinds of Inter Caste and Inter Religion marriages in India. There must be 2 consenting adults who are competent to get married, which means they must be a minimum of 21 years old in case of boy and 18 years old in case of girl, physically and mentally capable and they must not have any living spouse.

Evolution of Marriage

The institution of marriage is more than 4500 years old, and since than it has been evolving continuously with change of time trend and development of human intelligence. In the ancient days marriage was all about increasing the clan or political alliance or economic support like any trade or contract it was not romantic as we see now, but nowadays we see marriage as a more romantic and consenting ceremony more meaningful than what it used to be from the olden days. We see all kinds of marriages like same sex marriages, inter-caste and inter-religion marriages.

ALLIANCE MARRIAGES – In olden days marriage was considered as a means to secure title and possession over properties, more like alliance between clans to support each other from war and economic tragedies. Kings used to be polygamous relationships so they occupy other territories with peace and basically no war in order to expand their kingdom.[7]

MODERN TAKE ON MARRIAGES- In the 20^th century, women started demanding greater equality and challenged the traditional gender roles due to the increasing Feminist Movement, leading to change in laws and societal mindset. The legalization of same sex marriages and the decreasing trend of arrange marriages have been seen since the beginning of 21^st century. People prefer nuclear families rather joint family set up, also the abolition of child marriages and re marriages of widows are also a big leap towards the evolution of marriage.[8]

RIGHT TO MARRY- The Article 21 of Fundamental rights enshrined in the Constitution of India provide a bundle of rights and liberties to Indian citizens and one of them is the right to marry. In Lata Singh V. State Of Uttar Pradesh [9] it was stated that right to marry is a fundamental right.

SAME SEX MARRIAGE- Though homosexuality is decriminalized in India but same sex marriage is not recognized by Indian laws yet. Same sex marriages are legalized in United States. Nobody in the public eye would have envisioned the acknowledgment of same-sex marriage. The spot any place the wedding while not senior’s consent was pondered an untouchable, acknowledgment of wedding between same genders show issues. In spite of the fact that sanctioned in many countries, it’s as yet not totally adequate in the public arena.[10]

LIVE IN RELATIONSHIP- In India the relationship of live in is gaining popularity amongst youngsters rapidly. It is a relationship between 2 unmarried adults who live together as couple. The Domestic violence act applies them as well but they are not entitled to inherit from each other or other privileges enjoyed by married couple, The trend is far popular in western countries and is seen in broader interpretation[11].

DIVORCE – The divorce has direct effect on marriage and as we see the evolution of marriage with this the divorce also evolved. Earlier it was difficult and rare to seek divorce from your marriage but today things are different there is, a big percent of divorce exist. The divorce rates have hiked. With divorce different matters come up as well for example, child custody, alimony, distribution of property. Divorce is the dissolution of marriage between the couple which means they cannot enjoy the rights over each other which they used to previously when they were married.[12] The Philippines and Vatican City are the only nations that do not permit divorce. In the Philippines, separate for non-Muslim Filipinos isn’t legitimate except if one companion is an undocumented outsider and fulfills certain conditions. The Vatican City is a state managed by the top of the Catholic Church; a religion that doesn’t consider separate. Nations that have somewhat as of late legitimized separate are Italy (1970), Portugal (1975) , in spite of the fact that from 1910 to 1940 it was conceivable both for the common and strict marriage), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991),[8] Colombia (1991; from 1976 was permitted exclusively for non-Catholics), Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011).

Conclusion

In Bharat, the institution of marriage is undergoing change over time. Every individual and every faith has its own unique take on the wedding. Likewise, various styles of relationships are continued in our country. Each individual weds predictable with his/her own cravings. Additionally, the wedding has undergone numerous modifications. Marriage could be a sacrosanct foundation. Nowadays people also attempt to try not to squander an outsized amount of money like going for the court wedding. It has totally changed according to the changing social circumstances. The young people of today has its own view of marriage. Not restricting the extent of union with the multiplication of kids and foundation of a family, it has broadened to shared participation in all perspectives. It would be inappropriate to reason that the customary ideas of marriage were off-base or the current ones are off-base. It is very important to comprehend that everything changes with time and social circumstances. Along these lines, marriage has likewise advanced. Although a few segments of society are hesitant to accept these reforms, youth ultimately shape the future. Since youths are joyfully tolerating these changes, there is a high likelihood of the predominance of these new practices at a bigger level soon.[13]

References

[1] https://www.brides.com/history-of-marriage-2300616#:~:text=Most%20couples%20didn’t%20marry,in%202350%20B.C.%20in%20Mesopotamia.

[2] https://en.wikipedia.org/wiki/Marriage

[3] https://ili.ac.in/pdf/5._Harsimran_Bedi__F_.pdf

[4] https://blog.ipleaders.in/all-you-need-to-know-about-sapinda-relationships/#Degrees_of_Prohibited_Relationship

[5] https://www.legalserviceindia.com/article/l418-Muslim-Marriage.html

[6] https://www.drishtijudiciary.com/to-the-point/ttp-muslim-law/classification-of-marriage-under-muslim-law

[7] https://www.britannica.com/topic/marriage/Marriage-rituals

[8] https://medium.com/@norrice.dally/the-evolution-of-marriage-how-the-institution-has-changed-over-time-456fba388d23

[9] https://indiankanoon.org/doc/1364215/

[10] https://bnwjournal.com/2020/11/29/evolution-and-concept-of-the-institution-of-marriage/

[11] https://blog.ipleaders.in/jurisprudential-understanding-behind-evolution-marriage-institution/

[12] https://en.wikipedia.org/wiki/Divorce

[13] https://legalvidhiya.com/evolution-and-concept-of-the-institution-of-marriage-3/

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