Marriage (also called
matrimony or
wedlock) is a social union or legal contract between people called
spouses that establishes rights and obligations between the spouses, between the spouses and their children, and between the spouses and their in-laws.
[1] The definition of marriage varies according to different cultures, but it is principally an
institution in which interpersonal relationships, usually
intimate and sexual, are acknowledged. When defined broadly, marriage is considered a
cultural universal. In many cultures, marriage is formalized via a
wedding ceremony. In terms of legal recognition, most sovereign states and other jurisdictions limit marriage to
opposite-sex couples or two persons of opposite
gender in the
gender binary, and a diminishing number of these permit
polygyny,
child marriages, and
forced marriages. In some cultures, marriage is recommended or compulsory before pursuing any
sexual activity.
People marry for many reasons, including: legal, social,
libidinal, emotional, financial, spiritual, and religious. Marriages can be performed in a secular
civil ceremony or in a religious setting. The act of marriage usually creates
normative or legal obligations between the individuals involved. Some cultures allow the dissolution of marriage through
divorce or
annulment. Polygamous marriages may also occur in spite of national laws.
Marriage can be recognized by a
state, an
organization, a religious authority, a
tribal group, a local
community or peers. It is often viewed as a
contract. Civil marriage is the legal concept of marriage as a governmental institution irrespective of religious affiliation, in accordance with
marriage laws of the jurisdiction.
Forced marriages are illegal in some jurisdictions.
[2]
Anthropologists have proposed several competing definitions of marriage so as to encompass the wide variety of marital practices observed across cultures.
[4] In his book
The History of Human Marriage (1921),
Edvard Westermarck defined marriage as "a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of the offspring."
[5] In
The Future of Marriage in Western Civilization (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognized by custom or law".
[6]
The anthropological handbook
Notes and Queries (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners."
[7] In recognition of a practice by the Nuer of Sudan allowing women to act as a husband in certain circumstances,
Kathleen Gough suggested modifying this to "a woman and one or more other persons."
[8]
Edmund Leach criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that marriage be viewed in terms of the different types of rights it serves to establish. Leach expanded the definition and proposed that "Marriage is a relationship established between a woman and one or more other persons, which provides that a child born to the woman under circumstances not prohibited by the rules of the relationship, is accorded full birth-status rights common to normal members of his society or social stratum"
[9] Leach argued that no one definition of marriage applied to all cultures. He offered a list of ten rights associated with marriage, including sexual monopoly and rights with respect to children, with specific rights differing across cultures.
[10]
Duran Bell also criticized the legitimacy-based definition on the basis that some societies do not require marriage for legitimacy, arguing that in societies where illegitimacy means only that the mother is unmarried and has no other legal implications, a legitimacy-based definition of marriage is circular. He proposed defining marriage in terms of sexual access rights.
[4]
