The marriage (from Old High German Ewa "Act"), marriage or marriage (from Old High German HIRAT , "House care, marriage" of rat , "stock, Advice, Marriage" with the Germanic root hīwa- , "belonging to the household community, bearing" ) is a formal, stable connection between two people (in some cultures several), which is established and recognized by natural law , company law or religious teachings, is usually regulated ritually or legally and is expressed in ceremonies ( wedding, marriage ). The legal dissolution of the marriage is its divorce or annulment . The importance of a marriage depends on the respective social and cultural framework and has often changed over the course of history. Some religions and states allow plural marriages of one person with others ( polygamy in various forms), in Hawaii there was group marriage of several persons to one another ( Punalua marriage ) .
In the European cultural area , marriage is traditionally understood as a permanent bond between a man and a woman, in which both take responsibility for each other. Since the 21st century, civil marriage has been open to partners of the same sex ( same-sex marriage ) as a marriage regulated and mediated by the state in some countries ; in other countries there is a legal institute similar to marriage with partially restricted rights under titles such as “ registered partnership ”. The statutory property regime envisaged in Germany is the community of gains ; Additional or deviating regulations are contractually agreed ( marriage contract ).
The parties involved are spouses , married couples, or spouses (compare " copulation "). Female spouses are called wives or, in colloquial terms, women for short , in sophisticated language wife, consort , historically also woman , without intentional derogation. In the pre-marriage period and during the wedding, the woman is a bride . Male spouses are called grooms before and at the wedding and then husband or colloquially for short a man , as well as husband or wife . Historically, there was talk of Gespons (Latin spōnsus, spōnsa "bridegroom, bride"). When the occasion arises, a spouse is confidentially referred to as a “better half”. The family history research used as genealogical mark for a marriage connection between two persons, two interdigitated circuits: ⚭ ( Unicode U + 26AD ) .
Basic duties of marriage
A marriage between two, and in some cultures between several people, fundamentally changes their previous relationship to one another; it takes on an official, institutionalized and binding form, with new rights and obligations for the partners. To new arising between the participating families of the spouse relatives relationships ( in-law companies or step- relations - exceptions: Cousinen- and consanguineous marriages as the Bint'amm Marriage in the Arab world). Marriage bases these rights and obligations on a kind of contract , with the content of this declaration of intent and the way in which it comes about depending on the respective culture and society. Most of marriage is the task of the material supply to, for example, claims for maintenance , marital property compensation or in Islamic law circuit through the dowry - the joint application of the children is not necessarily an object of attention (see below to marriage, and children ).
In ethnology (ethnology) and sociology , marriage relationships are understood as a fundamental element of the social organization of ethnic groups and societies ; Marriages fulfill social and also political tasks that are determined very differently in different societies, but mostly with the following objectives:
- Marriages give entitlement to a sexual relationship with one another
- Marriages legitimize the offspring, especially in terms of inheritance
- Marriages continue lines of descent and keep them unmixed ("pure") if necessary
- Marriages claiming to be the sexuality and reproductive capacity of the woman
- Marriages preserve and increase the property and social standing of spouses and their families
- Marriages connect social groups such as ethnic groups or clans with one another, up to and including comprehensive alliances (see also exchanging women as a permanent alliance)
- In the Roman Empire , marriage was seen as a non-legal social fact through an actual communion between man and woman.
- According to the teachings of the Roman Catholic Church , from the 11th century onwards, marriage between a man and a woman is considered an institution under natural law , which between baptized persons is also regarded as a holy sacrament between the baptized for the first time from 1139 , which the spouses give each other and that one lasts whole life ( prohibition of divorce ).
- The civil marriage of modern times regarded marriage as a kind of civil contract often requires a certification by a notary in a special process (for example by a registrar ); Divorces are just as civil .
In addition, there are various symbolic or mystical forms of marriage and marriage, so spirits can be married (see the spirit marriage : ghost marriage among the Nuer in South Sudan), or animals or plants ( animate nature ), integrated into rituals and ceremonies . A well-known example of this is the religiously based engagement to their God by Christian nuns: As part of their religious vows , they wear a ring to express their “ marriage bond with Christ”. The " consecrated virgins " recognized by the Catholic Church understand themselves more clearly as Sponsa Christi : "Bride of Christ" (see Mystical Wedding of Consecrated Virgins ).
See below: Types and Forms of Marriage
To fulfill the various tasks of a marriage almost all social communities own marriage rules , which recommend or require between which groups a marriage is permitted or required is ( Ge messenger), and between which not ( Ver messenger). These rules can be directed inwards ( endo gam ) or outwards ( exo gam ): For example, the spouse should be sought within the same local, linguistic, religious or ethnic community - but outside of one's own lineage or tribal group . Marriage rules primarily affect young, unmarried people - they do not affect new marriages after the death of the first partner, these are less restricted, as are sexual partnerships between unmarried people.
Marriage and children
For some of the 1300 ethnic groups and indigenous peoples recorded worldwide, marriage does not primarily serve to raise children together - their care is often guaranteed in their extended families even without the parents marrying. In contrast, in around half of the societies, the marital status of the offspring is a basic requirement for their recognition (legitimacy) . These are primarily peoples who regulate their ancestry through the patrilineal line ( patrilineal : 46% of all ethnic groups): Here illegitimate children are excluded from belonging to the paternal family and inheritance. If there is no (male) offspring, this applies in many patrilineal societies for the man as a reason for divorce , in some cases also as a right to an official second wife (see also concubine ).
Residence after marriage
The cross-cultural social research differs in different societies, where the couple drags after his marriage, and it made do's and don'ts (residential episode orders: residence rules ). Of the almost 600 ethnic groups who regulate their ancestry purely according to the patriarchal line, 96% of the married couples live patri-locally with the husband, mostly together with his father, family or ancestry group ( lineage , clan). For the wife, this means inevitably moving out of her parents' home and her family group and has far-reaching significance for the understanding of the roles of the sexes in relation to one another. In many of the more than 160 ethnic groups that are organized according to their maternal lines ( matrilineal ) , the wife stays with her mother and the husband moves to her extended family , although there are also instances in which the husband only comes to his wife overnight ( Visiting see ). In matrilineal societies, the husband never loses membership of his mother's extended family, where his grandmother also has a supportive effect (compare mother-side grandmother as an evolutionary advantage ).
In both cases of parentage, the aim is to be able to clearly assign the children of a married couple to a family where they will be looked after. In matrilineal societies, the wife's brother often takes on social paternity for their children, he is also called respectfully and lovingly father (see Avunculate : the social paternity of the mother's uncle for his sister's children, as well as relatives selection : strengthening overall fitness through Promotion of sister children). In such social circumstances, marriage is not a necessary condition for the recognition of children, and the problems with single parents as well as the illegality or even neglect of children are correspondingly low for such peoples (example: the Khasi in Northeast India).
Beginning of marriage
In Christianity, marriage begins in the early Middle Ages with the mutual agreement, the engagement, the bride and groom to live in permanent community with one another. The publication of this agreement in the marriage ceremony is the prerequisite for the social and legal recognition of this marriage. A certificate is issued by the commissioned institution as part of the wedding ceremony. In most western states, registry offices are responsible for certifying civil marriage; the churches or religious communities are responsible for the “ church wedding ”. Obtaining the required documents and evidence (in Germany , certificate of descent for the registry office, baptismal certificate for the parish office) usually only takes a few weeks. In cases where different legal systems are affected, however, it can take much longer (for example in the case of intercultural marriages ).
End of marriage
The marriage normally ends with the death of a spouse. Depending on the legal, cultural and religious group, the further options for distancing yourself from a closed marriage differ. Often, marriages can be ended by divorce or legal annulment . In the Islamic legal system, “repudiation” ( Talāq ) is a prerequisite for ending the marriage. Not only but mainly in Catholic canon law, which does not allow divorce, the annulment exists . The consequence of such a declaration is that the cohabitation is treated retrospectively as if there had never been a marriage from the beginning; it will be terminated retrospectively at the time of its start. The provisional aggregate marriage-duration-specific divorce rate in 2017 was 328.6 per 1,000 marriages.
Many societies are familiar with the divorce process for ending marriage. The recognition of divorce is regulated differently in different worldviews . An important difference is whether the requirements for divorce are linked to certain acts of unlawful marriage caused by a spouse (as in (West) Germany and the USA before the 1970s) or whether the objective failure of the marriage is sufficient ( principle of disruption ). Such a breakdown is usually only found if the marital relationship no longer exists for a certain period of time and restoration can no longer be expected. In Germany or Canada the period is fixed at one year. However, it can also be a multiple of this (Switzerland: two years). Since the Catholic concept of marriage does not recognize divorce, there is only the possibility of annulment. The consequence of such a declaration is that the cohabitation is treated retrospectively as if there had never been a marriage from the beginning.
Obligations of the partners beyond the duration of the marriage are regulated very differently by national laws (the PR China, for example, has no obligations; in Germany there may be lifelong maintenance obligations in favor of the economically weaker partner). Obligations for common children from marriage exist almost everywhere. Although there are intergovernmental agreements to dissolve marriages, the often incompatible national marriage dissolution procedures create considerable difficulties for the increasing number of binational marriages.
All known civilizations have always tabooed marriage with blood relatives to varying degrees , especially between parents and their children. Almost all peoples forbid brother and sister marriage. Many peoples have imposed further restrictions on themselves, such as marriage with persons with the same family name or with persons with the same totem animal (see also marriage rules ).
An exception was ancient Egypt , where marriage between brother and sister was permitted in the Pharaoh's family ; this privilege was denied to the people and could have served to concentrate power and vitality in a family.
The consequence of the incest taboo is the demand for an exogameric marriage related to another group. Ethnologists emphasize that the incest taboo serves to promote social cohesion (see brotherhood ).
Endogamy ( Greek endo “inside”, gamos “wedding”: internal marriage) describes a marriage rule in ethnosociology that prefers or prescribes marriages within one's own social group , community or category, for example the partner should be of the same lineage , ethnic group , religious community or social class belong. This also applied at times to Christian denominations , where so-called mixed marriages between Evangelicals and Catholics were not socially tolerated. Other examples of endogamy are laws and regulations that prohibit marriage associations of different ethnicities or consider them undesirable. The opposite is exogamy , in which one or should marry outside one's own community, for example not within the same ancestry group.
Under arranged marriage or marriage is, unless the spouse and the date or relatives to determine the marriage of the parents. This previously common process, which sees marriage primarily as an economic community and through legitimized procreation as a dynastic instrument for the common good of the family , was only superseded in the course of the Enlightenment and Romanticism in Europe by the concept of love marriage and freedom of choice of partner only enforced to a limited extent worldwide. Only when these two concepts contradict each other does the concept of forced marriage , i.e. marriage against will, arise . The concept of marriage brokerage changed from the initiation of marriage in the social environment to a service for those willing to marry.
The story of marriage
Prehistory and early history
Nothing is known empirically about the beginnings of “marriage” beyond the animal-human transition field . Even ausdeutbare grave finds of archeology rich yet so far in human history.
Older Sozialevolutionisten went from a straight evolution of pair bonds among people from: At the beginning of mankind would promiscuity (more than one sexual partner was usual), which subsequently (see the Hawaiian to the group marriage Punalua marriage ) and finally polygamy ( Polygamy ) to Single marriage ( monogamy ) would have developed. Monogamy was seen as the culturally highest form of marriage. According to the logic that the later development inevitably represents a "higher" form of development, the frequent change of spouses nowadays in view of the high divorce rate should also be regarded as a "higher" form of marriage, in comparison to the previous rule form of a lifelong marriage. Very few of the older evolutionists, however, draw this conclusion from such a teleological logic.
Recent anthropological studies by Helen Fisher , for example, show many similarities and recurring characteristics in human mating behavior and in elective affinities . Christians, Jews and Muslims see the beginning of couple bonds with Adam and Eve as a monogamous marriage.
Monogamous living peoples seem to have been very widespread in pre-Christian times (after Tacitus ' writings were the Germans with their monogamy an exception among the barbarians of antiquity, which is also a "triple double" - polyandry was in Germanic culture, the only relative - was later abolished by the Catholic Church). In fact, societies practicing strict monogamy are a minority among human cultures even today. Few societies are known where polygyny and polyandry were practiced simultaneously. Above all through the spread of monotheistic religions and the spread of Christian norms and values in Europe and the world (since the 15th century as a result of Christian proselytizing ), monogamy became the predominant form of marriage in many regions of the world. But in ancient Judaism monogamy was not a compulsion.
The two oldest documented legal texts, the Codex Ur-Nammu (2100 BC) and the Codex Hammurapi (18th century BC), contain legal regulations on marriage.
The marriage was probably primarily a peace and alliance between clans and - by means of often complicated exogamy - and endogamy rules - a link between lineages , clans or phratries . Since ancient times, it has also been a prerequisite for the beginning of a family , which was seen as a building block of a community and society. The establishment of marriage thus served not only the interests of two individuals or their children, but also the purposes of religious and secular elites (up to modern times, for example, in the high nobility, " left-hand marriage " was without legitimacy and the child's right to inheritance after the father possible).
Marriage and family were sacred in the Roman Empire . Not for nothing was Concordia on the one hand the patron goddess of the entire state and at the same time protector of marriage ( matrimonium ) . In ancient Rome, marriage was considered the pillar of society, especially in material terms. Marriage law also took into account the material aspects of marriage.
In the Middle Ages not all people in Western Europe were able to marry. From the respective landowner or landowner as well as from corresponding offices in the city (magistrate, guild, guild) only those who could support a family were allowed to marry and start a family. As a result, more than half of the population was excluded from marriage. Because of the prevailing religious and ethical principles at the time, this also meant a factual exclusion from the possibility of fathering children and starting a family.
The Roman Catholic Church , which largely shaped public life , only officially instituted the “sacrament of marriage” in 1139 in the Second Lateran Council (see church wedding ). In doing so, she cemented this as the “only correct” relationship between a man and a woman in the otherwise very revealing view of physicality from today's perspective. The church ideal, which called for asceticism oriented towards God and rejected sexuality ( celibacy ), was not enforceable and would have let the church fall apart in the long term. This resulted in the inclusion of marriage in church regulations as the "lesser evil" (see below on Christianity ).
Since the beginning of modern times, marriage has been in an on-going process of secularization and juridification in many countries . Ideally, however, the Christian church there retained a great influence on the form of coexistence in partnership well into the 20th century. Christian marriage was supposed to guarantee that offspring would be conceived and grow up in a sheltered space, and the parents were assigned gender-segregated responsibilities. Entering into a marriage was almost inevitable for women, as most families did not have the financial means to support a woman in her celibacy (for example when entering a monastery). For men, marriage was a desirable state of affairs due to the almost free purchase of domestic work and care for the common offspring. Marriage developed from a medieval instrument of dynastic networking into an economic connection. Depending on the social status of the spouses, political and economic interests were pursued through them or they were essential for the survival of both partners. Until recently, marriage was also required for both sexes, as living space could not be rented due to the ban on coupling and sexual intercourse outside of marriage was generally considered immoral and unacceptable.
For many women, getting married inevitably meant leaving their profession. The best-known example of this in Europe was the teacher celibacy introduced in the German Reich , which was abolished in 1919 and reintroduced four years later in a modified form - as the staff reduction ordinance applicable to civil servants in the Federal Republic of Germany until 1951 . Furthermore, between 1965 and 1980, women were automatically dismissed when they got married after ordination by the Protestant Church in Austria . Such a practice was also known outside of Europe; Until 1999, companies in Japan were allowed to advise their female employees to retire from work when they got married .
The more liberal sexual practice in modern western culture compared to the Middle Ages, as well as the relative ease of divorce within the same national legal system and remarriage, led to an increase in so-called serial monogamy during the 20th century . From this the conclusion is sometimes drawn that there should be the institution of a "temporary marriage" in Germany.
The number of marriages has been falling in Germany for several decades. While 510,318 couples got married in Germany (Federal Republic and GDR) in 1976, the number was only 373,681 in 2006. Today, many couples bind themselves without a marriage certificate in a marriage-like community (colloquially also called " wild marriage " or life cycle partnership ), referred to in Switzerland as cohabiting , or enter into partnerships and love relationships with less commitment. This can partly be explained with the change in social values and the emancipation of women.
For example, the anthropologist Helen Fisher sees a major cause in the declining interdependence of the partners, caused by the better education and greater economic independence of women, which reactivates reproductive and family-building strategies that have existed since prehistoric mankind .
However, some family sociologists point out that the situation was statistically similar before the 19th century and that the social significance of marriage is not necessarily diminished as a result.
In fact, unmarried couples are treated on an equal footing with married couples in only a few countries .
A same-sex community based on marriage can also be called marriage. Due to the legal possibilities of the official recognition of same-sex partnerships, it restricts this use more to such legal institutions.
In order to regulate the conditions of marriage, the respective legal systems sometimes offer options and a marriage contract , the effect of which, however, is bound by the legal limits. This z. B. Details on the power of keys and the woman's needle money or the agreements between the spouses regarding the consequences of a divorce are regulated.
In Germany, a framework is given in § 1408 BGB , but there is no obligation to conclude a marriage contract. Sub-areas can also be regulated in the contract. In the German legal system, marriage contracts can contain regulations on the following topics:
- Stand goods ( goods separation , Zugewinngemeinschaft , Community property , community property )
- Pension adjustment
Same-sex couples can also marry in the following countries (as of July 2020, sorted alphabetically, linked to detailed information):
- Costa Rica
- Denmark (including Greenland, Faroe Islands)
- Mexico (states of Coahuila, Quintana Roo, Mexico City, Chihuahua, Nayarit)
- New Zealand
- South Africa
- United States (including US territories Guam, Puerto Rico)
- United Kingdom (England, Wales, Scotland, Northern Ireland, Isle of Man; Channel Islands: Guernsey, Jersey, Alderney; Gibraltar)
However, the recognition of such marriages is mostly limited to these countries and territories; in foreign countries that only know the “ registered partnership ”, they are recognized as such. Israel and Mexico, on the other hand, accept all same-sex marriages abroad as valid.
Even before same-sex marriage was legalized, there were marriages in Germany and Austria that were entered into by partners of different sexes and only became same-sex through a change of sex under the law on transsexuals .
In many states there is a registered partnership in addition to marriage . However, their effect is usually limited. For example, the same rules on pensions, the same rights in social and labor law, the same income and inheritance tax treatment as in marriage apply, but there is no joint simultaneous adoption right for non-biological children for registered partners. Same-sex marriage was politically promoted under the slogan “ marriage for all ”. Since October 1, 2017, no new civil partnerships can be concluded in Germany. Existing civil partnerships can be converted into marriages.
Marriage and religion
Many religious communities have extensive rules for marriage, describing both the coexistence between the partners and the rights and obligations within marriage as a reproductive community.
From the Old Testament, the story of the creation of a woman from Adam's rib is the basis for understanding marriage: "That is why the man leaves his father and mother and is bound to his wife, and they become one flesh." ( Gen 2, 24 EU ) Again and again there are reports of polygamous marriages, and the kings of Israel often had many wives and concubines (2 Samuel 5:13). The jealousy and rivalry in polygamous marriage is described in the life of Jacob - one of the ancestors of Israel - in Genesis 30: 1-23. After the fall of man in paradise, God set man as head over woman, so that in the “biblical hierarchy” the woman is subordinate to her husband. Hence there are many similarities in the understanding of marriage between Christians and Jews.
Orthodox Jews believe that a man's job is to find his second half, the woman. The Liberal Judaism (Reform Judaism), however, believes that it is the man's job was not only to find a woman, but also vice versa. For both partners, marriage is a great mitzvah and is seen as one of the greatest and most important life decisions for both partners. The principle “A Jew is who has a Jewish mother” applies as a guideline for many men of Jewish faith when choosing a partner for the purpose of starting a family.
In Christianity , based on the two covenants of God in the Old and New Testament, the term “ marriage covenant ” is used (see also the American evangelical covenant marriage : “covenant marriage”).
In the Roman Catholic Church , marriage played no role as an institution until the 11th century, weddings in church buildings were not common (see also the prehistory of the churchisation of weddings ). Diarmaid MacCulloch , British church historian and theologian at Oxford University, explained in his BBC documentary Sex and the Church (German title: "Church and Sex - How lust became sin") in 2015 , how the Roman Catholic Church only from the 11th The 19th century began to take control of marriage and marriage. Up until then, marriages had been treated as purely secular affairs; the Church had preached celibacy in the previous centuries . In the dispute with the secular leaders, especially the influential noble families, the church took over marriage as a “holy sacrament” with corresponding regulations (see sacramental marriage ). The aristocratic families wanted to secure their patrilineal succession ("father right") through church legitimation.
Since 1547 ( Council of Trent ) marriage has been one of the seven Catholic sacraments . According to this, a valid marriage cannot be dissolved. The canon law of the Catholic Church names reasons that can prevent the establishment of a valid marriage and therefore, if necessary, allow a marriage nullity procedure . At the end of 1563, the Council of Trent decided by decree that the marriage, which had come about through the mutual dispensing of the sacraments, would only be recognized if its existence and voluntariness were made public before a priest and witness.
In contrast, the Protestant and Eastern churches have fewer objections to divorce (see Divorce in Religions ). According to the evangelical understanding, marriage is not based on religion, but represents a secular matter. The wedding is viewed as a celebration of blessing .
In the Old Catholic Church , marriage is seen as a sacrament, in contrast to the Roman Catholic Church in her one is religious marriage of divorcees possible.
In Christianity it was introduced from the 13th century to wear a wedding ring as a visible sign of the marriage. In Germany the wedding ring is often worn on the right hand, and not on the left as in other countries; Explanations for this have not yet been found.
According to Islamic understanding, the intimate areas of life of marriageable women and men are fundamentally separated and are only legitimately annulled through marriage. According to the teaching of the Koran, marriage helps, among other things, for spiritual perfection.
According to classical Islamic law, the woman is represented at the marriage by a guardian, the so-called Walī . The same goes for the incapable man. Basically, the guardian is the closest relative in the descending and ascending line. According to the teachings of the Shāfiʿites , Malikites , Hanbalites and Ismailites, marriage cannot take place without a guardian . Hanafis and Twelve Shiites , on the other hand, consider a marriage guardian to be dispensable for women of full age. The consent of both spouses is generally required, but under certain conditions the guardian, as a wali mujbir, has the right to force girls or boys into marriage . The Sunni law schools also require two witnesses for the marriage. The agreement of a bridal gift ( mahr , ṣadāq ) by the husband to the bride is not mandatory, but common. If nothing is agreed, the “usual bridal gift ” (mahr al-miṯl) is to be paid.
In addition, there is a ceremony comparable to civil marriage for the economic security of the wife: the marriage contract. A wedding celebration or ceremony is not absolutely necessary, but according to the teachings of the Prophet Muhammad it is recommended for the purpose of publicizing and announcing the marriage.
Monogamous marriage is preferred. The marriage of several people is tied to strict conditions and only allowed to the man. Every wife must be provided with her own household as well as financial resources that she can freely dispose of. In general, the husband is obliged to ensure both equality and equal treatment for all his wives, which is often very difficult. In addition, Muslims are generally obliged to adhere to the applicable laws of the country in which they live, provided these do not conflict with the principles of Islam.
Divorce is possible according to the rules of the Koran, but it is considered reprehensible in many Islamic countries. Traditionally a Muslim is allowed to marry a Jew or a Christian, but a Muslim woman is in no way allowed to marry a non-Muslim.
In Buddhism , marriage is neither strengthened nor advised against. However, it does teach how to have a happy marriage.
The Hinduism sees a sacred duty in marriage, the religious and social obligations has resulted. The couple make the marital covenant by walking around the sacred fire seven times, bound by knotted cloths . While mythology also knows celibacy (for example in the country "Uttarakura" mentioned in the Mahabharata ) and polygamy, monogamy is the ideal today. It is considered samskara , a Hindu sacrament.
Marriage enjoys a high priority in Baha'i . A good marriage is considered a "fortress for well-being and salvation". Marriage is viewed as "both ... bodily and ... spiritual union", so that the spouses "should be man and woman physically and spiritually one" and "continually perfect each other in their spiritual life". The relationship between the spouses is of a physical as well as psychological and spiritual nature and exists in the earthly as well as in the next, spiritual world. Man and woman are therefore together in this world as well as in the hereafter . At the same time, marriage is regarded as the divinely founded foundation stone of human society, as it is both its smallest component and produces children who serve the good of mankind and God. Parents have a high ethical duty to care for the upbringing, education and training of their children.
Marriage conditions in Baha'i are the consensus of the two future spouses obtained after careful examination, the legal age of both spouses, the consent of the birth parents and the lack of an already concluded marriage. All forms of forced marriage , the pandering , the sham marriage and marriage fraud are forbidden. The Bahaitum is strictly monogamous , which excludes all forms of polygamy and concubinage as well as other extramarital or premarital sexual contacts. However , polygamous marriages legally concluded prior to conversion to Baha'i do not have to be dissolved.
The marriage ceremony takes place by pronouncing the verse “Verily, we all want to abide by God's will” together by the two future spouses in front of at least two witnesses.
If a Baha'i wedding is not recognized as legally binding in a country, an additional civil marriage is mandatory. Participation in the wedding ceremonies of other religious communities is Baha'i allowed, as long as this is not considered a conversion or is accompanied by a breach of the commandments of Baha'i ethics. The marriage with other faiths is possible without problems if also the Baha'i rite is performed and the right to freedom of religion and religious education is secured within marriage. Marriages between members of different cultural and ethnic backgrounds are expressly desired and are seen as a symbol of the “unity of humanity ”.
The institutions of the Baha'i community should advise the future spouse in the organization of the Baha'i wedding and check compliance with the marriage conditions.
Special forms of marriage / "quasi-marriages"
In Germany, a sharp distinction is traditionally made between marriages and “non-marriages”. From August 2001 until the introduction of marriage for all on October 1, 2017, people living in a same-sex community had the opportunity to form a registered partnership . Until then, they were not allowed to marry each other. The “registered partnership” was a “quasi-marriage”; their partners were registered as couples with the state, but did not have all the rights and obligations of a married heterosexual couple.
Another form of “quasi-marriage” is common law . In some states of the USA, for example, a couple may officially describe themselves as “married” if they have not entered into a registered marriage in front of a state institution or a clergy, but their relationship is organized as if the two were married to one another. In the case of common-law marriages, a partnership agreement usually takes the place of a marriage certificate .
Such partnerships are often referred to in German as "informal marriages". With this use of language, however, there is a risk of confusion with unions that, in Muslim countries, were only formed before an imam.
In Europe, Article 12 of the European Convention on Human Rights guarantees the right to marry.
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Statistics of marriages in Germany
In 2006 the microcensus in Germany showed that 89% of the 21 million couples were married to each other (1996: 93%). Among families, too, the proportion of married parents fell to 92% (1996: 95%). Almost 10 million married couples lived without children, and around 6.5 million couples had at least one child under the age of 18.
The average age of marriage for single German women and men rose steadily from 1990 to 2017: for women from 26 to 31.7 years and for men from 28.4 to 34.2 years.
Family name at marriage
Since 1976, married couples in Germany no longer have to commit themselves to the man's family name at the wedding . Since 1994, a common family name is no longer mandatory. In 2018, around 74% of the wives adopted their husbands 'surnames, only 6% of the husbands adopted their wives' surnames; in 12% of the married couples both partners kept their original surname. About 8% of couples chose a double name (with a hyphen).
Marriage with foreign partners
Of the total of around 21 million married couples in Germany, 6.3 percent were binational in 2005 (compared to 1996 an increase of 3% to 1.3 million). In 602,000 married couples, the wife is of foreign origin (in 545,000 the husband). In the case of unmarried couples, each consisting of a foreigner and a German citizen, the number of foreign men outweighs the number of foreign women (104,000 to 80,000). The ratio of partners from EU countries to partners from non-EU countries is around 2: 3. 45,915 binational marriages, in which one of the partners has a German passport and the other a foreign passport, were concluded in Germany in 2015, that is 11.5% of all new marriages or every 9th wedding couple. Almost two generations earlier, in 1960, only every 27th fresh married couple in the old Federal Republic was binational (3.7%).
The Council of Trent had during its third session period in 1563 with the decree Tametsi explains the responsibility of the Catholic Church for the wedding. Until the end of the 18th century, marriage was solely a matter for the churches and synagogues. The influence of French law (cf. Code civil ) favored civil marriage, as French civil status law was used in many territories in western Germany. The first completely independent German particular legal laws did not come into being until the 1850s (Frankfurt, Oldenburg, etc.). The first civil law wedding in Oldenburg took place in Varel in 1855 . The Baptist preacher August Friedrich Wilhelm Haese and Meta Schütte got married at that time . Especially “dissidents” like them, who did not belong to any of the major denominations of the time and who were denied a legally recognized church marriage in some places, contributed to the introduction and enforcement of civil marriage.
As a result of the Kulturkampf , state registry offices were introduced throughout Germany in 1876 , in which marriage is concluded regardless of an ideological creed (civil marriage ). Since 1877, a church marriage was only allowed to take place after the civil-legal marriage (see prohibition of religious marriage in advance ).
National Socialism forbade “racial mixed marriages ” through a marriage law , often separated such marriages and promoted “thoroughbred” reproduction for the state (Hereditary Health Act). For certain groups of people such as B. Members of the Wehrmacht were required to have a marriage permit and "marriage ... to foreigners ... forbidden."
From 1958, attempts were made in the GDR to introduce the “socialist marriage” as an alternative to church weddings desired by the state. The content and form of this ritual remained unclear because in the GDR, too, the civil marriage was legally the only relevant binding. This took place in front of a picture of the Chairman of the State Council , and the registrar used state-prescribed words in the sense of the SED . The following text was found in the state working materials under "Basic concept of addressing the wedding couple":
“[...] outside the socialist world, nobody can enjoy happiness. Our happiness [...] grows in socialist works and families. We warn against civil marriage, exploitation as a basis for marriage leads to the disloyalty of men and depravity of character in women. [...] Religion as protection of marriage fails because of the powerlessness of the churches and because of the non-existence of God and the disregard for earthly life as well as because of the immorality of those church leaders who affirm war as God's means of government [...] "
It cannot be determined to what extent these guidelines were adhered to in the registry offices. However, they clearly show what was to be thought of the officially declared equality of Christian citizens. In the working materials there was also a "linguistically and content-wacky" oath formula, of which, however, it is not known by how many couples it was actually repeated:
“We vow to all creative people, responsible to each other and to ourselves, [...] to shape our marriage, founded in mutual love today and here, as a community for all of life. We vow to those who work to increase the socialist achievements and the state power of the workers and peasants by working together. We vow to mutual support for professional and cultural development, common resolutions and indissoluble loyalty. "
Under the title “First Socialist Marriage ”, the Berliner Zeitung reported on January 29, 1959 about the marriage of a VEB worker to a people's police officer in uniform. The propaganda for a wedding in uniform, however, aroused memories of war weddings in the population and could not prevail despite the state popularization. There is no evidence in the report of specifically socialist rites. In the period that followed, a celebration with colleagues in the house of culture or in the company was referred to as a “socialist marriage”. On March 29, 1959, the Berliner Zeitung reported on a joint triple wedding in the youth club room of a VEB. From 1961 there are reports that gifts from the company were only given at a socialist marriage and no longer for couples who were married in church.
Notwithstanding the attempts to establish the festivities with the usual means of "voluntary coercion" at the time, only a few couples were married according to the rite. The term “socialist marriage” disappeared again in the first half of the 1960s. In later years it was propagated that the wedding couple, following the Soviet model, should lay a bouquet of flowers at a " hero monument " for the heroes of the revolutionary struggle on the wedding day . In contrast to the Soviet Union, however, this kind of culture of remembrance of the fallen Soviet soldiers in the GDR was not rooted in the thinking of the population and remained a superficial and meaningless ritual.
Federal Republic of Germany
The constitutional form of Article 6 of the Basic Law after the Second World War places marriage under the special protection of the state , but its core area is withdrawn from its direct access. For today's form of marriage, the principle of equality applies according to the constitution (Article 3, Paragraph 2, Basic Law). In the marriage law of the BGB this was not implemented according to Art. 117 GG until March 1953, but in numerous, sometimes contradicting steps such as a. the Equal Rights Act over several decades. Important points were:
- Abolition of the man's right to unilaterally determine matters relating to joint marital life, in particular the home and place of residence;
- Abolition of the man's need for consent to the work of the woman (previously, a contract concluded without the consent of the man could be terminated by the man with the consent of the Guardianship Court if the work of the woman affected marital interests);
- Replacing the statutory property regime of the Nutzverwaltung which provided for the use and management of part of the assets of women by men, while contesting the legitimate effort by the man, by the community of surplus;
- Reorganization of parental authority ( custody ) on the basis of equal rights for both spouses;
- Elimination of the model of housewife marriage .
If one looks at the changes in the understanding of marriage with regard to the mutual rights and obligations of the spouses, there is a development away from historical models of a contract that was protected by the state towards a simple acknowledgment, with due consideration ( right to refuse to testify ) by the State, clearly. Until the 1970s:
- Marriage was a lifelong contract tied to a code of conduct on how to treat the partner.
- Only if one partner did not comply with this code of conduct could the other partner demand the dissolution of the marriage, and only as long as the misconduct was not erased by renewing the marriage through sexual intercourse .
- If the marriage was ended, a breach of the code of conduct would result in the forfeiture of all civil law claims against the partner who was loyal to the contract ( principle of guilt ).
- Marriage was protected by the criminal offense of adultery (until 1969).
- Marriage was protected under civil law insofar as adultery after a culpable divorce resulted in a ban on marriage to or with a lover.
- The marriage was the publicly documented free decision in the sexual union of the parties.
- Only legitimate offspring were entitled to inheritance from both parents.
- In the case of illegitimate offspring, the father had the obligation to provide financial support for a living, but had neither access nor visiting rights.
- Marital rape was not an explicit criminal offense under the StGB; the spouses were subject to “marital duty fulfillment”, but rape in the marriage was punishable according to § 240 StGB (coercion). The criminal offense of bodily harm according to § 223 StGB et seq. Could also be fulfilled and punished accordingly.
Today marriage is as follows:
- The marriage is concluded for life ( Section 1353 (1) sentence 1 BGB ). If the marriage fails, the marriage can be divorced without the fault of one or both spouses being relevant ( Section 1565 (1) BGB). If the spouses have been separated for a year and both agree to the divorce, or if the spouses have been separated for three years, the failure of the marriage is irrefutably suspected ( § 1566 BGB).
- The spouses can regulate rights and obligations during and after the marriage in a marriage contract , although there is no unrestricted freedom of design (e.g. maintenance for children cannot be waived). Even without a marriage contract, the spouses have legal rights and obligations towards each other and towards the state.
- Adultery is no longer a criminal offense .
- The adulterer can be married after the divorce.
- The right to sexual self-determination also applies in marriage: marriage is no longer valid as general consent to sexual union , so that this - and similar sexual acts - can fall under the criminal offense of rape if the criminal offense features of the new legal definition of Rape (particularly severe case of sexual assault in accordance with Section 177 of the German Criminal Code), which no longer only relates to cohabitation , but also to a sexual act that can be equated with coitus , are fulfilled.
- The offspring have the same rights, regardless of their parents' legal relationship.
- If children are born in the course of married life, the mother's husband is considered the father by law, even if he should not be the biological father. Without having to apply for a declaration of custody, the spouses have joint custody. If a child is born before the marriage, the custody relationships automatically change with the marriage, so that from this point in time both spouses have a right to custody.
Spouses are granted economic advantages such as " spouse splitting " when calculating income tax , the entitlement to free health insurance for the partner in family insurance , the regulations for spouses in inheritance law and the survivors' pension in the event of the partner's death. However, spouse splitting only brings economic advantages if the income of the spouses is different. In return, the individual entitlement to social assistance of each individual against the state is primarily shifted to the partner through the unconditional mutual maintenance claim of the spouses, since a marriage represents a community of needs under German law . But there are also other forms of benefit community ( life partner ) for which the splitting in income tax does not apply, although the partners have assumed the same obligations. Because of its incentive to " housewife marriage", the splitting of spouses is criticized by representatives of feminism . Other advantages such as trust and mutual stimulation are promoted by various groups ( marriage encounters , family works on the political or ideological side and others). What has been lost is how the state can or should contribute to increased trust between spouses, except through the already existing right to refuse to testify.
The registered civil partnership , which was legally introduced in Germany on August 1, 2001 , made same-sex partners legally the same as a marriage, apart from the law of adoption and descent.
On June 30, 2017, the Bundestag decided to open marriage to same-sex couples . The law introducing the right to marry for persons of the same sex came into force on October 1, 2017.
Marriage as a community
Lifestyles in the population
|Life form||proportion of|
In German marriage law , since 1900 the designation as “life partnership” (which can be enforced in a manufacturing action) has already been included in the basic norm on marriage, namely in § 1353 BGB . There it says: “The spouses are obliged to have a marital partnership with each other.” This refers to the domestic, spiritual and physical community (so-called “marriage law triad”). However, the connection between the concept of marriage and the designation of cohabitation is considerably older in the pan-European tradition: The BGB is clearly linked to the basic provisions of Roman law on marriage. Their two variants are:
- ( Corpus iuris civilis , Institutions, 1, 9, 1): “ Nuptiae autem sive matrimonium est viri et mulieris coniunctio, individuam consuetudinem vitae continens ” (German: “Ehe but, or marriage, is a connection between man and woman, the one has as its content inseparable lifelong togetherness. ")
- ( Corpus iuris civilis , Digest , 23, 2, 1 - Modestinus ): “ Nuptiae sunt coniunctio maris et feminae et consortium omnis vitae, divini et humani iuris communicatio . "(German:" Marriage is the union of a man and a woman, and a union for the whole of life, the communion of divine and human right. ")
Marriage foundation used to refer to the mediation or arrangement of a marriage between two people. This included that the partners were promised each other for the marriage through a third party.
In Austria , purely church marriages are possible, but have no meaning under civil law.
The Swiss marriage law in Articles 90 to 251 of the Swiss Civil Code regulated (Civil Code). It has been based on the principle of equal rights for women and men since 1988 . Since January 1, 2013, both partners have kept their own family name when they get married. The marriage takes place at the civil registry office. Couples can only be married in church if they have already signed their marriage at the civil registry office beforehand.
United States of America
US marriage law is regulated by the individual states , which results in numerous different property and divorce laws. As a kind of contract between the two spouses, marriages concluded in one state are also recognized in other states. Same-sex marriages were an exception to this; Here the Defense of Marriage Act of 1996 allowed the federal and state governments not to be required to recognize these marriages. Since this law had no constitutional status like the provision on the mutual recognition of treaties, it was disputed whether it was constitutional. The United States Supreme Court repealed the Defense of Marriage Act in 2013. Since July 2015, as a result of a ruling by the Supreme Court, Obergefell v. Hodges , marriages between same-sex partners are legal in all states.
Many effects of marriage, e.g. B. in the assessment of federal income tax or migration issues are regulated by the federal government. Until 1967, marriages between people of different skin colors were not legal in all states. In a judgment dated June 21, 1967, the United States Supreme Court overturned a Virginia state law (see Loving v. Virginia ) that prohibited such marriages.
Before the marriage must have a marriage license will be applied for (marriage license). Only through them is marriage legally recognized. In the United States, both religious and legal marriage ceremonies can take place at the same time. If the marriage is entered into by a clergyman, he can act as registrar at the same time and thus also legally enforce the marriage. This requires the marriage license to be signed. A purely religious ceremony is permitted, but has no legal consequences.
Since the 19th century, alternative groups organized legally unrecognized group marriages, and all adult members married (see Oneida ). More recently, namely together with the queer movement and the bi movement , starting in the USA and here in the San Francisco region , the polyamory subculture emerged for lasting, non-monogamous and amicable love relationships between several partners. There are nowadays followers of this subculture in all western and southern European countries.
According to a 2007 regular census, more than half of all women in the United States are unmarried. For the first time, single mothers and single women have overtaken their married female counterparts in numbers. In 2007, married couples with and without children lived in only 49.7 percent of the 111.1 million American households; in 2002 the figure was 52 percent.
In the United Kingdom , in addition to church weddings, newlyweds have the option of choosing between two different types of civil marriage: marriage by certifcate and marriage by license . Civil and religious weddings are legally binding in the United Kingdom. For England and Wales , Scotland and Northern Ireland , however, their own legal regulations apply, which differ from one another in details. Gay couples have been allowed to marry in England and Wales since April 2014. Scotland followed a few months later.
Israel is one of the few Western states that to this day does not allow a purely civil marriage. Mainly due to the influence of Orthodox Jewish parties on politics, marriages can only be concluded there in front of clergy of the respective religious communities. However, marriages concluded by the state abroad are recognized; Quite a few secular Israelis are getting married today in Cyprus , the closest country to a secular marriage.
The marriage was a long time in Japan, a covenant that the continued existence of the family (line) by the generation of log holders should ensure. The individual needs of the married couple played a subordinate role. Hence the divorce of this alliance, which is essentially a contract for the mutual benefit of families, was comparatively easy and frequent. In contrast, in the 20th century, divorce was also associated with social stigma. These factors led to temporarily low divorce rates.
Saudi Arabia's civil status legislation is based on Islamic law, Sharia . Same-sex marriage is not allowed in Saudi Arabia because of the prohibition of homosexuality in Islam. Marriage is not understood as a sacrament, as in Christianity, but as a contract under civil law. This contract should be testified by witnesses by signature, and a certain sum of money (" Mahr ") must be determined, which is to be paid by the man to the woman. In the early 1990s, the value of an average mahr was between 25,000 and 40,000 Saudi riyals ; Occasionally, however, couples would reject the practice of mahr altogether and use a nominal amount to meet the formal requirements of Saudi marriage laws. The marriage contract can also stipulate that the Mahr is deferred and is only payable at the time of the possible divorce, or stipulate certain other conditions, e.g. B. Assure the woman the right to divorce in the event that the man marries another woman. If such or similar agreements do not exist, then only the man has the right to divorce. In the event of divorce, the children remain with their father so that a mother can be separated from her children if the husband so wishes.
In Vatican City , marriage is a rare civil status as most residents are celibate . However, many foreign couples want to get married in St. You must first present the relevant papers and have a marriage preparation interview with the priest of the church who is responsible for the respective foreign congregation in Rome (see bridal mass ). Divorce is impossible under Vatican law.
- Marriage rules (offered ↔ prohibited) : Exogamy ↔ endogamy (marriage outside / inside) · anisogamy (marriage among unequals) : Hypergamie ↔ Hypogamie (man of higher status / lower status) ↔ isogamy (marriage among equals) : marriage of convenience (matching origin) - Homogamy and heterogamy (choice of partner according to equality / diversity)
- Frauentausch (connecting two groups by cross-marriage) : Berdel (Turkish) · Qarch quda (Uzbekistan)
- Marriage age (statistics) - illegitimacy (birth outside of a marriage, illegitimacy ) - Avunculat ( social paternity of the mother's brother, uncle)
- Marriage market (rural folk festivals, personals, dating sites) - Marriage group (spatially and socially limited environment) - Bridal courtship (traditions) - Child engagement ( preparation of an arranged marriage) - Engagement (marriage promise) - Bridal couple (bride ∞ groom) - Wedding customs : wedding (marriage ceremony) - Bride kidnapping (customs) - Honeymoon (honeymoon) - Affinity ("married in" affine indirect relatives) - Marriage counseling (couple therapy) - Widow, widower (surviving spouse)
- Exchange of gifts: bride price (Man of bridal family) · dowry (dowry bride family of bride) · dowry (from husband to wife)
- marital residence = residence rules : ♀ matrilocal, uxorilokal, avunkulokal (at the place of his wife, her mother, her mother's brother / uncle) ↔ ♂ patrilocal, virilokal (at the site of the husband, his father) - neolokal (in a new place) · bilokal ( in both places) · ambilokal (user selectable) · nato locally (both remain in their families)
- Canon law: obstacles to marriage , marriage consensus , marriage ban - marriage fraud ( marriage creep)
- Monogamy (monogamy) → bigamy (double marriage ) → polygamy (plural marriage ) : polygyny (polygamy) ↔ polyandry ( polyandry ) : cicisbeism (Nigerian polygamy) - Punalua marriage (Hawaiian group marriage )
- Love marriage ↔ arranged marriage (marriage brokerage) - catalog marriage (through agencies)
- Cousins ⚭ cousins: parallel cousin marriage ↔ cross cousin marriage - sibling marriage - relatives marriage (see relationship coefficient )
- Child marriage - bride robbery (robbery marriage) - Purchase marriage (wife as a maid of the man) - Forced marriage
- after the death of the spouse: Levirat (marriage of the brother-in-law) ↔ Sororat (marriage of the sister-in-law)
- Josef See (celibate) - mut'ah marriage (Islamic temporary marriage) - mystical marriage : Consecrated Virgins ( Anverlobung in Christ) - Ghost marriage ( ghost marriage at südsudanischen Nuer)
- Half marriage (husband must first bride service afford) - walking marriages (husband visited women only overnight) - open marriage (mixed relationships) - same-sex marriage , partnering (homosexual liaisons) - mixed-oriented marriage (spouses of different sexual orientation) - sham marriage (purely formal marriage to use legal advantages)
Marriage-like partnership forms:
- concubinage - slash marriage - cohabitation - cohabitation (Sociology) - informal marriage (common-law marriage)
- Federal Republic: Golden Age of Marriage (family sociology: "Golden Age of Marriage" in the 1950s and 1960s)
- Europe: marriage policy (strategies of noble and ruling families ) - connubium (marriages between the nobility and bourgeoisie) - morganatic marriage ("marriage to the left hand": woman not equal) - glove marriage (marriage with a representative of a partner) - ius primae noctis (" Right of the first night ": landlord demands cohabitation with newly married subordinate, or money)
- Middle Ages: Muntehe (change of guardianship by the father of the bride to the husband) - Kebsehe (unfree "concubine") - angle marriage (clandestine marriage) - abutment (widow hedging) - Wittum (Witwengut)
- Roman Empire: Marriage in the Roman Empire (753 BC to 7th century AD) - Matrimonium (Latin: marriage) - Matrona (Roman wife) - Conubium (ability to marry / marriage) - Manusehe (from the "hand") the father in the "hand" of the husband)
- Early period: marriage practice of the ancient Egyptian royal houses (Egyptology: before 4000 BC to 395 AD)
By release date:
- Michael Wutzler, Jacqueline Klesse: Transitions into marriage: couples between independence and family ties. In: Nicole Burzan (Ed.): Complex Dynamics of Global and Local Developments. Negotiations of the 39th Congress of the German Society for Sociology in Göttingen 2018. September 10, 2019 ( download page ).
- Monika Wienfort : In Love, Engaged, Married: A History of Marriage since Romanticism. Beck, Munich 2014, ISBN 978-3-406-65996-6 .
- Marc Schüffner: Marriage protection and civil partnership. A constitutional study of civil partnership law in the light of Art. 6 GG. Doctoral thesis Berlin 2006. Duncker & Humblot, Berlin 2007, ISBN 978-3-428-12438-1 .
- Eberhard Straub : Fragile happiness: love and marriage through the ages. wjs, Berlin 2005, ISBN 3-937989-12-9 .
- Felicitas von Lovenberg : Do you fall in love often, rarely get engaged, never get married? The longing for romantic love. Droemer, Munich 2005, ISBN 3-426-27368-3 .
- Caroline Arni : Divisions: The crisis of marriage around 1900. Doctoral thesis University of Bern 2002. Böhlau, Cologne 2004, ISBN 3-412-11703-X .
- Arne Duncker: Equality and inequality in marriage: Personal position of women and men in the law of marital partnership 1700–1914 (= legal history and gender research. Volume 1). Legal history doctoral thesis. Böhlau, Cologne 2004, ISBN 3-412-17302-9 ( review H-Soz-Kult; reading sample in the Google book search).
- Josef Prader , Heinrich JF Reinhardt : The ecclesiastical marriage law in pastoral practice: orientation aids for marriage preparation and crisis counseling; References to the legal systems of the Eastern Churches and to Islamic marriage law. 4th, completely revised edition. Ludgerus, Essen 2001, ISBN 3-87497-237-2 .
- Barbara Ketelhut: marriage. In: Historical-Critical Dictionary of Marxism . Volume 3. Argument, Hamburg 1997, columns 40-49.
- Bernd Wannenwetsch : Freedom of marriage: The coexistence of women and men in the perception of evangelical ethics. Neukirchener, Neukirchen-Vluyn 1993, ISBN 3-7887-1470-0 .
- Ulrich Beck , Elisabeth Beck-Gernsheim : The normal chaos of love. 12th edition. Suhrkamp, Frankfurt / M. 1990, ISBN 3-518-38225-X .
- Carl Heinz Ratschow , Josef Scharbert a . a .: Marriage / marriage law / divorce I. Religious history II. Old Testament III. Judaism IV. New Testament V. Old Church VI. Middle Ages VII. Reformation VIII. Ethical IX. Practically theological. In: Theological Real Encyclopedia . Volume 9, 1982, pp. 308-362 (cultural and theological overview, with literature).
- Klaus Jürgen Matz: Pauperism and the population: The legal marriage restrictions in the southern German states during the 19th century. Clett-Cotta, Stuttgart 1980, ISBN 3-12-915130-3 .
- Ruprecht Kurzrock: The institution of marriage: research and information. Colloquium, Berlin 1979.
- Dieter Schwab : Fundamentals and form of the state marriage legislation in modern times up to the beginning of the 19th century. Bielefeld 1967.
- Will-Erich Peuckert : marriage: women's time - men's time - saeterehe - court marriage - free marriage. Hamburg 1955.
- Rudolf Schránil , Ludwig Wahrmund : The Institute of Marriage in Antiquity. Böhlau, Weimar 1933.
- Hans FK Günther : Forms and prehistory of marriage: The forms of marriage, family and kinship and the questions of a prehistory of marriage. JF Lehmanns, Munich / Berlin 1940; 3rd, revised edition: Musterschmidt, Göttingen 1951 (description of marriage and its history by a National Socialist philologist).
- Emma Goldman : Marriage and Love. In: Goldman: Anarchism and other essays (= classics of the social revolt , Volume 22). Unrast, Münster December 2013, ISBN 978-3-89771-920-0 , pp. 191-201. (original 2nd edition: Mother Earth Publication, 1911; anarchistischeebibliothek.org ).
- Gustav Landauer : About marriage. In: The Socialist - Organ of the Socialist League . Volume 2, No. 19, October 1, 1910 ( anarchismus.at ).
- Marianne Weber : wife and mother in legal development. Tubingen 1907.
- Edvard Westermarck : History of Human Marriage. Jena 1893.
- Lukas, Schindler, Stockinger: Forms of marriage. In: Online Interactive Glossary: Marriage, Marriage, and Family. Institute for Cultural and Social Anthropology, University of Vienna, 1997 (detailed notes with references).
- Anne-Lise Head-König: marriage. In: Historical Lexicon of Switzerland . August 19, 2010 (detailed article with references).
- Brian Schwimmer: Marriage Systems. In: Tutorial: Kinship and Social Organization. Department of Anthropology, University of Manitoba, Canada, 2003 (English, extensive kinship tutorial).
- Dennis O'Neil: Sex and Marriage. Behavioral Sciences Department, Palomar College, San Marcos California, 2009 (English, extensive study tutorial on marriage and its regulation, with clear illustrations).
- Emma G., Theresa D .: A Jewish wedding - meaning of the wedding. In: Jewish history and culture. G.-E.-Lessing-Gymnasium, Döbeln, 2017 .
- Heinz Duchhardt : The dynastic marriage. In: European History Online . Leibniz Institute for European History, December 3, 2010 .
- ^ Friedrich Kluge , Alfred Götze : Etymological dictionary of the German language . 20th edition. Edited by Walther Mitzka . De Gruyter, Berlin / New York 1967; Reprint (“21st unchanged edition”) ibid 1975, ISBN 3-11-005709-3 , pp. 300 and 584.
- ^ Gabriele Rasuly-Paleczek: Attempts at defining marriage and marriage in ethnosociology. (PDF: 854 kB; 52 pages) In: Introduction to the forms of social organization (part 3/5). Institute for Cultural and Social Anthropology, University of Vienna, 2011, pp. 97-99 , accessed on June 13, 2019 .
- ↑ Lukas, Schindler, Stockinger: Ehe. In: Online Interactive Glossary: Marriage, Marriage, and Family. University of Vienna, 1997, accessed on June 13, 2019 .
- ^ Brian Schwimmer: Defining Marriage. In: Tutorial: Kinship and Social Organization. Department of Anthropology, University of Manitoba, Canada, 2003, accessed June 13, 2019 (English, extensive kinship tutorial).
- ^ A b c Diarmaid MacCulloch (* 1951), British church historian: Sex and the Church. 3-part documentary by the BBC 2015, here part 2 ( broadcast on ZDF in 2016 under the title “Church and Sex - How lust became sin, Part 2/3: Middle Ages and Reformation”).
- ↑ a b Susanna Stolz: The handicrafts of the body. Jonas, Marburg 1992, ISBN 3-89445-133-5 , p. 39/40 ( books.google.de ).
- ↑ The State of Consecrated Virgins In: Religious Life and Other Forms of Consecrated Life . ( Memento from December 20, 2013 in the Internet Archive ) Diocese of Regensburg, Department of Orders - Spiritual Communities, around 2013; accessed on October 10, 2018.
J. Patrick Gray: Ethnographic Atlas Codebook. (PDF: 2.4 MB, 52 pages, without page numbers) In: World Cultures. Volume 10, No. 1, 1998, pp. 86–136, here p. 104: Table 43 Descent: Major Type (English; one of the few evaluations of all the 1267 ethnic groups recorded worldwide at that time; currently: 1300).
Quote: "584 Patrilineal […] 160 Matrilineal […] 52 Duolateral […] 49 Ambilineal […] 11 Quasi-lineages […] 349 bilateral […] 45 Mixed […] 17 Missing data".
Percentage of all 1267 ethnic groups worldwide (1998):
584 = 46.1% patri- linear : origin from the father and his forefathers
160 = 12.6% matri- linear : origin from the mother and her foremothers
52 = 4.1% bi- linear, duolateral : Different from mother and father from
49 = 3.9% ambi- linear :-selectable
11 = 0.9% parallel : quasi-lines, 2 sexually separate lines
349 = 27.6% bilaterally kognatisch : origin of Mother and father (as in western culture )
45 = 3.6% mixed + 17 = 1.6% missing data.
Note: The Ethnographic Atlas by George P. Murdock now contains data sets on 1300 ethnic groups (as of 2015 in the InterSciWiki ), of which often only samples were evaluated, for example in the HRAF research project, a large-scale database for holistic cultural comparisons of 400 Peoples.
^ Hans-Rudolf Wicker: Post-maritime housing rules. (PDF; 387 kB; 47 pages) In: Guide to the introductory lecture in social anthropology, 1995–2012. University of Bern, 2012, pp. 13-14, here p. 14 , accessed on June 13, 2019 .
The numbers in the table:
164 matrilineal ethnic groups - their marital residence after marriage ( residence rule ): 62 = 37.8% live avunku- local : with an uncle on the maternal side, either with the wife's mother's brother or with the husband's mother's brother 53 = 32.3 % live matri- locally : with the wife's mother (also: uxori- local “at the place of the wife”) 30 = 18.3% live patri- local : with the father of the husband (also: viri- local “at the place of the husband “) 19 = 11.6% have different rules: neo- local (new place of residence), nato- local (at the respective place of birth), ambi- local (selectable at one of both places), or others.
- ↑ Daniela Schmohl: The history of marriage - an outline. In: dash.org. May 22, 2005. Retrieved August 22, 2019.
- ↑ Federal Statistical Office (Destatis) - press release: Significantly fewer divorces in 2017. No. 251 of July 10, 2018, accessed on June 10, 2019.
- ↑ Lukas, Schindler, Stockinger: Arranged marriage. In Interactive Online Glossary: Marriage, Marriage, and Family. Institute for Cultural and Social Anthropology, University of Vienna 1997, accessed on June 10, 2019.
- ↑ Helen Fisher: Anatomy of Love. A natural history of mating, marriage, and why we stray. Fawcett / Random House, New York 1992, ISBN 0-449-90897-6 (German: Anatomie der Liebe. Droemer Knaur, 1993).
- ↑ Claus Wilcke: The Codex Urnamma (CU): attempt at a reconstruction. In: Zvi Abusch (Ed.): Riches hidden in secret places: Ancient Near Eastern studies in memory of Thorkild Jacobson. 2002, ISBN 1-57506-061-2 .
- ↑ Olwen Hufton: Women's life. A European History 1500–1800. From the English by Holger Fliessbach and Rena Rassenthien, Frankfurt am Main 1998, p. 246.
- ↑ For the section: Olwen Hufton: Frauenleben. A European History 1500–1800. From the English by Holger Fliessbach and Rena Rassenthien, Frankfurt am Main 1998, pp. 94–95.
- ^ E. Kohler-Gehrig: The History of Women in Law (PDF; 241 kB), University of Public Administration and Finance Ludwigsburg, August 2007, p. 23.
- ↑ Institute for Practical Theology and Religious Psychology - History ( Memento from January 18, 2015 in the Internet Archive ), Evangelical Theological Faculty, etfpt.univie.ac.at
- ↑ Tina Stadlmayer: Are women starting a silent revolution? Change at a snail's pace. In: der Freitag 07, Die Ost-West-Wochenzeitung. February 11, 2000, accessed January 10, 2015 .
- ↑ Karsten Polke-Majewski: Seven years for Mrs. Pauli. District Administrator Pauli wants to lead the CSU and propagates trial marriage - a visionary proposal. In: zeit.de. December 9, 2013, accessed September 3, 2019 .
- ↑ Friedemann Karig: What can “temporary marriage” do? Why it is smart not to commit forever. In: Jetzt.de . April 14, 2017, accessed September 3, 2019 .
- ↑ Federal Statistical Office: Population: Marriages, Divorces - Germany - Number (1950–2012). (No longer available online.) Wiesbaden, 2013, archived from the original on March 5, 2014 ; Retrieved August 25, 2013 .
- ↑ From Helen Fisher: Anatomy of Love. A natural history of mating, marriage, and why we stray. Fawcett / Random House, New York 1992, ISBN 0-449-90897-6 German translation: Anatomie der Liebe. Droemer Knaur Verlag, 1993, Chapter 16, p. 293: “But of all the major factors that promote marital instability, perhaps the most powerful in America today can be summed up in two words: working women. […] Demographers regularly cite this correlation between working women and high divorce rates. "P. 304:" Divorce, single parents, remarriage, stepparents, and blended families are as old as the human animal - creations of a distant prehistoric age. As Paul Bohannan summed it up, 'The family is the most adaptable of all human institutions, changing with every social demand.' "
- ↑ Duden (1999), p. 920, "Ehe"
- ↑ Press release: New form of marriage. ( Memento of November 20, 2011 in the Internet Archive ), Lesbian and Gay Association in Germany (LSVD), August 27, 2008, accessed on November 27, 2013: no longer online!
- ^ Message: According to the VfGH judgment - first same-sex marriage. In: orf.at. July 5, 2006, accessed November 27, 2013.
- ↑ EheRÄndG Law introducing the right to marry for persons of the same sex. In: buzer.de. Retrieved October 2, 2017 .
- ↑ ruthzeifert.de dissertation project by Ruth Zeifert
- ^ Decree Tametsi (German text).
- ↑ Lothar Haag: The sacrament of marriage. Bonn 2016, ISBN 978-3-934610-79-8 , p. 91f.
- ↑ Article: Origin and meaning - wedding ring right or left: On which hand do you wear it? In: t-online.de . June 16, 2018, Retrieved October 10, 2018 (with three sources).
- ↑ Cf. Mathias Rohe: The Islamic Law. History and present. CH Beck, Munich, 2009, pp. 84f.
- ↑ Johann Jakob Bachofen : Mother Right and Original Religion.  Using the selection by Rudolf Marx ed. by Hans G. Kippenberg. 6th, expanded edition. Kröner, Stuttgart 1984 (= Kröner's pocket edition. Volume 52), ISBN 3-520-05206-7 , p. 301.
- ^ Peter Smith: Art. Marriage . ISBN 1-85168-184-1 , pp. 232-234 . in: Peter Smith: A Concise Encyclopedia of the Bahá'í Faith . Oneworld-Publications, Oxford 1999,
- ^ Bahá'u'lláh: Bahá'í Prayers. A Selection of Prayers Revealed by Bahá'u'lláh, the Báb, and 'Abdu'l-Bahá . US Bahá'í Publishing Trust, Wilmette 1991, p. 105 : "fortress for well-being and salvation"
- ↑ 'Abdu'l-Bahá: Letters and Messages . Bahá'í-Verlag, Hofheim 1992, ISBN 3-87037-280-X , chap. 84 .
- ↑ 'Abdu'l-Bahá: Letters and Messages . Bahá'í-Verlag, Hofheim 1992, ISBN 3-87037-280-X , chap. 86 .
- ↑ According to the teaching of the Baha'i, the human soul lives on after death. In the hereafter, the immortal soul retains memories of earthly life and its cognitive abilities, which includes the knowledge of the spouse. On the whole in detail Hushidar Motlag: ... and we come back to him. About the human soul, its reality and its immortality. From the writings of the Bahá'í religion . Bahá'í-Verlag, Hofheim 1990, ISBN 3-87037-243-5 , 9.16.
- ↑ The consent of the parents should strengthen the family bond. In the event of a divorce, both parents should continue to care for the children resulting from the marriage. However, if a biological parent can no longer be found, their consent can be suspended (especially in the case of adoptions). The same applies if a biological parent has displayed behavior that completely contradicts the normative nature of parental care.
- ↑ In the case of a previous divorce, the year of separation must have expired and the divorce must be formally resolved.
- ↑ Not possible in German-speaking countries.
- ^ Bahá'u'lláh: The Kitáb-i-Aqdas. The holiest book . Bahá'í-Verlag, Hofheim 2000, ISBN 3-87037-339-3 , Questions and Answers, No. 3.
- ↑ For example in the entire German-speaking area.
- ↑ For example, when the Baha'i are expected to consume alcoholic beverages or to hide their beliefs.
- ^ Ernst Benda / Werner Maihofer / Hans-Jochen Vogel (eds.): Handbook of Constitutional Law of the Federal Republic of Germany. Study edition . Walter de Gruyter. Berlin / New York 1984. p. 581
- ↑ Max Planck Institute for Comparative and International Private Law: Religious or informal (extrajudicial) marriage . 2019
- ^ Federal Statistical Office : marriages, divorces, civil partnerships. Retrieved December 22, 2018.
- ↑ a b Statistika tables: Average age of marriage of single women in Germany from 1991 to 2017. Average age of marriage of single men in Germany from 1991 to 2017. Accessed on December 22, 2018.
- ^ Federal Statistical Office - Results of the Microcensus 2006: Families in Germany. Federal Agency for Civic Education (bpb), November 28, 2007 (additional tables for the press conference; PDF: 363 kB, 36 pages (PDF) on bpb.de).
- ↑ Numbers and facts: The social situation in Germany - The social situation in Germany . (PDF; 363 kB, 36 pages) Federal Agency for Civic Education (bpb), 2011.
- ↑ Message: Name choice: Men continue to hardly take the names of their wives. In: Zeit Online . December 19, 2018, accessed December 22, 2018 .
- ↑ Binational marriages in Germany . In: Der Spiegel . No. 13 , 2017 ( online ).
- ↑ Tametsi - German text
- ↑ OKW of May 7, 1941 No. 2720/41. Among other things, there was "the demand for a respectable reputation of women". The “personality value of the future wife” needed “not to be impaired by the premature birth of a child”.
- ↑ ibid no. 7th
- ↑ Quoted in Stefan Wolle : The ideal world of dictatorship - The great plan: Everyday life and rule in the GDR 1949–1961. Links, Berlin 2013, ISBN 978-3-86153-738-0 , pp. 359–362, here p. 360: Principles and experiences in the design of socialist celebrations.
- ↑ a b c Stefan Wolle : The ideal world of the dictatorship - The great plan: Everyday life and rule in the GDR 1949–1961. Links, Berlin 2013, ISBN 978-3-86153-738-0 , pp. 359-362.
- ↑ Quoted in Stefan Wolle : The ideal world of dictatorship - The great plan: Everyday life and rule in the GDR 1949–1961. Links, Berlin 2013, ISBN 978-3-86153-738-0 , pp. 359–362, here p. 361: Oath formula for socialist marriage.
- ↑ Jörg Rudolph: Rape in Marriage. A contribution to the discussion about the amendment to § 177 StGB (rape) from a historical and legal-political point of view. Diploma thesis, University of Applied Sciences Frankfurt am Main, 1997.
- ^ Scientific service of the German Bundestag (specific author unknown): Rape in marriage. Evaluation of criminal law in a European comparison , elaboration WD 7 - 307/07, completion of the work: January 28, 2008. (Online (pdf))
- ^ Scientific service of the German Bundestag (specific author unknown): Rape in marriage. Evaluation of criminal law in a European comparison , elaboration WD 7 - 307/07, completion of the work: January 28, 2008. (Online (pdf))
- ↑ Sexual coercion according to § 177 StGB , on fachanwalt.de , accessed on June 25 , 2020 at 6:20 p.m.
- ↑ Vanessa Steinmetz: Merkel: "Marriage in the Basic Law is the marriage of man and woman". In: Spiegel Online - Minute Minutes. June 30, 2017, accessed June 10, 2019.
- ↑ Report in Der Tagesspiegel. October 12, 2011, p. 20 (source: Federal Statistical Office).
- ^ Johann Georg Krünitz : Marriage Foundation 1). In: Oeconomic Encyclopedia online . 1773–1858 (Trier University Library).
- ↑ Tired of marriage? Evening paper
- ↑ Germans get married in the United Kingdom (PDF) Federal Office of Administration; accessed on February 3, 2018.
- ↑ Gay marriage officially introduced in England and Wales . Zeit Online , March 29, 2014; accessed on February 3, 2018.
- ^ Carlos H. Conde: Philippines Stands All but Alone in Banning Divorce . In: The New York Times . June 17, 2011, ISSN 0362-4331 ( nytimes.com [accessed January 15, 2020]).
- ↑ Rasse-Günther: The word "Nordic" . In: Der Spiegel . No. 1 , 1952, pp. 32-33 ( online ). Quote: “The researcher Professor Dr. Hans F. K. Günther ... "