1. Introduction
Sociologists have long noticed that communal life is often orderly. This observation motivates the idea of institution. One definition is that institutions are stable patterns of behaviour that define, govern, and constrain action. A large-scale social arrangement that is stable and predictable, created and maintained to serve the needs of society. Institutions are agents of socialization.[1].
2. Marriage as a social Institution
Marriage is an institution that has had a very long history. The works of sociologists like Edward Westermarck, The History of Human Marriage (1891), and historians like V.K. Rajwade, The History of Marriage in India (1976), are some attempts to record the history of marriage as a social institution.
Marriage initiates a man and a woman into family life. Largely considered as a stable relation, it permits a man and a woman to establish sexual relations and have children. Like all other institutions, the institution of marriage too has slowly emerged into its present form. In every society, form, nature, and aim of marriage are different. In almost all societies one or the other form of marriage exists. In India, marriage remains an important rite of passage in an individuals life.
Definition
Edward Westermarck in his well?known book The History of Human Marriage (1891) defines marriage as a more or less durable connection between male and female, lasting beyond the mere act of propagation till after the birth of offspring.
Malinowski defines marriage as a contract for the production and maintenance of children. Robert O Blood (1960) states marriage is perceived by sociologists as a system of roles of a man and a woman whose union has been given social sanction as husband and wife. The equilibrium of the system requires adjustment between the two partners so that the role enactment of one (partner) corresponds to the role expectations of the other.[2].
3.The Concept of Marriage under the Hindu Law
For a long period of time Hindu marriage rites have been changed accordingly due to the needs and convenience of the people from time to time. It is the relationship between husband and wife. According to Hinduism, this sacrament is one of the most important sacraments out of 16 sacraments in Hinduism. It is a sacred tie that cant be broken. It is a relationship from birth to birth, it is a bond which continues after rebirth and death. According to Veda, a man is incomplete until he gets married and meets with his partner. Sacramental Nature of Marriage
In the case of Bhagwati Seran Singh v. Parmeshwari Nandar Singh the court held that Hindu marriage is not only a sacrament but also a contract.
4. The concept of Muslim marriage
Marriage under Islam is a matrimonial relation and an institution which legalizes the sexual activities between a male and female for the object of procreation of kids, promotion of love, mutual support and creation of families which are considered an essential unit in a society. Just like Hinduism, Islam is also a strong advocate of marriage. However, the Muslim conception of marriage differs from the Hindu conception according to which marriage is not a mere civil contract but a sacrament. According many philosophers, marriage in Islam is a religious duty. Everyone must marry in order to fulfil ones desire of procreation of kids legally. [3].
Muslim law has been derived from various codified and uncodified sources like- Quran, Ijma, Qiyas, customs, urf, precedents, equity and various legislations. There are 4 major sunni school of thoughts- hanifa, hamabli, maliki and shafai. These four schools recognize each others validity and they have interacted in legal debate over the centuries. In India, Hanifa school of Islamic law is dominant.
The general essentials of a Muslim Niqah are:
- Parties must have capacity to marry.
- Proposal (ijab) and acceptance (qubool).
- Free consent of both the parties.
- A consideration (mehr).
- No legal Impediment.
- Sufficient witnesses (different in shia and sunni).
5. Changes in the marriage rates
a. In many countries there has been a large decline in marriages across cohorts
In many rich countries there are statistical records going back several generations, allowing us to estimate marriage rates by age and year of birth. The chart here uses those records to give marriage rates by age and year of birth for five cohorts of men in England and Wales.
For instance, you can look at 30-year-olds, and see what percentage of them in each cohort was married. Of those men who were born in 1940, about 83% were married by age 30. Among those born in 1980 only about 25% were married by age 30.The trend is stark. English men in more recent cohorts are much less likely to have married, and thats true at all ages.
There are two causes for this: an increasing share of people in younger cohorts are not getting married; and younger cohorts are increasingly choosing to marry later in life. We explore this second point below[4].
b. People are marrying later
In many countries, declining marriage rates have been accompanied by an increase in the age at which people are getting married.
The increase in the age at which people are getting married is stronger in richer countries, particularly in North America and Europe. In Sweden, for example, the average age of marriage for women went up from 28 in 1990 to 34 years in 2017.
In Bangladesh and several countries in sub-Saharan Africa, the average age at marriage is low and has remained unchanged for several years. In Niger, where child marriage is common, the average age at marriage for women has remained constant, at 17 years, since the early 1990s.
But these countries are the exceptions. The age at which women marry is increasing in many countries in all regions, from Norway to Japan to Chile.
6. Changing Nature of Marriage in Contemporary India
a. The contemporary context, many couples dont marry for progeny but for companionship. Rather, there are increasing numbers of couples who want to remain voluntarily childless. In the context of globalization, the significance of the religious aspect of marriage is considered secondary or rather insignificant with growing exposure to varied ideas.
b. The parents select mates for their children on the basis of family status, culture, caste, dowry while children give importance to education, character, and physical appearance. Recently, there is also an increasing rise in the trend of matchmaking through internet websites. In a study Surfing for Spouses Marriage Websites and the New Indian Marriage?, Ravinder Kaur (2013) observes that there is an increasing use of the internet for matchmaking as it expands the horizon over which brides and grooms can be surfed for. [5]
c. Stability of marriage cannot be taken for granted. With increasing number of women getting higher education and being economically independent, they dont put up with violence and abuse in relationship. As a result, there is an increasing trend of divorce. According to 2012 statistics, 43,000 divorces were taken across the country. 20,000 cases were from Maharashtra. This can also be cited as one of the reasons for increasing number of people opting for Live in relationships rather than entering into marriage.
d. Live in relation that is cohabitation is an arrangement whereby two people decide to live together on a long term or permanent basis in an emotionally or sexually intimate relationship. The term is most frequently applied to couples who are not married. The legal definition of the live-in relationship is an ocean arrangement of living under which the couple which is unmarried lives together to conduct a long going relationship similarly as in marriage. [6].
Now in India live in relations are now legal. Till recently and even now in small towns and cities, there is much social criticism and stigma attached to such relationships, forcing them to remain largely secretive. No law at present deal with concept of live-in relationships and their legality in India. None of the statutes dealing with succession or marriage such as Hindu marriage act 1955, the special marriage act 1954 or Indian succession act 1925 recognise live-in relationships directly.
7. Conclusion
Marriage is a culturally sanctioned union between two or more people that establishes certain rights and obligation between the spouses and their children, and between them and their in-laws and with the whole world. The definition of marriage is different in different cultures according to Hindu law it is both sacrament and a contract.
If live in relationships are legalized then the very definition of marriage put forth in our personal laws needs to be amended.
8. Citation
[1]. Oxford BIbliographies, Institutions - Sociology - Oxford Bibliographies, available at, https://www.oxfordbibliographies.com/display/document/obo-9780199756384/obo-9780199756384-0132.xml (last visited on December 17, 2023 17/12/2023).
[2]. SUMATI UNKULE, Marriage as a Social Institution Changing Nature and Emerging Trends Sociology of India (inflibnet.ac.in), available at https://ebooks.inflibnet.ac.in/socp4/chapter/marriage-as-a-social-institution-changing-nature-and-emerging-trends/ last seen on December 17, 2023.
[3]. Khushi Rastogi, Marriage under Muslim Law, available at https://blog.ipleaders.in/marriage-under-muslim-law/ (last seen on December 17, 2023 .
[4]. Marriages and Divorces - Our World in Data, available at https://ourworldindata.org/marriages-and-divorces (last seen on December 17, 2023.
[5]. Legal Serivce India, Recent Trends In The Institution Of Marriage (legalserviceindia.com) available at, https://www.legalserviceindia.com/legal/article-5618-recent-trends-in-the-institution-of-marriage.html last seen on December 17, 2023 .
