Page 88 - DSOC402_SOCIOLOGY_OF_KINSHIP_ENGLISH

Sociology of Kinship

Notes Kshatriyas but Manu has told it good for Vaishyas and Shudras. When any father after respect-
ing a person with all means and thereafter donates his daughter to him as gift and admonim
the newly wed couple for practicing religion together, such marriage is called Prajapatya Mar-
riage. The marriage occurs due to love and romance is known as Gandharva Marriage. Marriage
through abduction is called Rakshas Marriage and it is also a lawful marriage. But marriage and
conjugation with a girl who is sleeping, intoxicated or in mental disorder is known as Paishacha
Marriage. Due to violation of the norms of a civilized life, this marriage is strongly condemned.
It is notable that Hindu legal experts had tried to resolve many complicated social problems
by recognizing different kinds of marriages. In ancient period, India was attacked many times
from its North-West. A large population of non-Aryans has been seen inside the country also. To
whom Aryans were connected. Due to groups of local non-Aryans and non-residents one after
another illicit sexual relations came into light and as a result children were born to unmarried
girls also. The problem arose due to presence of a large number of illegitimate children in the so-
ciety can solved only by acknowledging the abduction, running away etc. in a form of marriage,
although such types of marriages were not considered at all. A.L. Boshom says, commenting of
this, “The area of relations were acknowledged in a wonderful way so that girls victim of sexual
relation with their lovers or girls forcefully abducted and invigorated can achieve their legal and
social right of becoming a wife and the children so born may not suffer illegitimacy.

Many rituals and yajnas are accomplished in the sacrament of marriage.

Muslim Marriage

Muslim marriage is not a religious act but a secular contract. The borderline of prohibition for
intercourse is very less. Thus they can marry to their cousins and primary parallel relatives.
Some Muslim male marries to many females. The only condition is that two sisters or sister of
father and brother’s daughter cannot be wife of same person and a person cannot have more
than four wives at a time. Muslim can marry to the sister of his deceased wife and mother-in-law
and father-in-law of their children. Muslim can marry to a non-Muslim girl if she is related to
a community like Jews and Christian who don’t worship idols. But Muslim females don’t have
such privileges as equality.
By signing a legal document marriage is shaped as a powerful contract which can be broken but
divorce i.e. (Talak) comes under the privilege of the husband. He can divorce his wife without
any reason. If the word “Talak” is pronounced thrice in presence of at least two witnesses the
relation can be broken between the husband and wife. But after this the husband has to pay a
prefixed amount to his wife as compensation. This is under a contract that after the death of the
husband or in situation of divorce, the wife is claimant of a certain part of her husband’s prop-
erty as compensation. Wife can free herself from the bond of marriage if she had got consent of
her husband. This consent is necessary, if the breaking of marriage contract takes place by mu-
tual consent; it is called “Mubarat”. In some special situations, Islam permits to take one sided
step to wife. Remarriage of widow is popular among Indian Muslims.

12.4 Forms of Hindu Marriage
Forms of marriage refer to the way adapted for the bond of marriage. Manu had described
eight types of marriages, but Vashishtha told about only six types of marriages. Manu says that
first four types of marriages i.e. Brahma, Daiva, Arsha and Prajapatya are best and religious
whereas other four i.e. Asur, Gandharva, Rakshasa and Paishacha are condemnable. A child
born of any of the first four types of marriages is glorious, modest, wealthy and learned whereas

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