Abstract
MARRIAGE IN AFRICA.—In Man for January, Mr. E. Torday examines critically the terms in use in relation to the consideration which passes between the contracting parties among African peoples at the time of marriage. It is now almost universally admitted that marriage does not consist of a purchase. Among the Amazulu, for example, the bride remains a member of her clan, and the contract may be sealed by a mere trifle, such as a hoe or basket of corn as well as by many head of cattle. Among the Natal Kaffirs the amount was fixed by disinterested parties. The natives themselves repudiate the idea of a sale, and on the Congo the Boloki regarded the gifts of food and sugar-cane wine as proof that the woman was not ‘sold as a slave,’ but ‘given as a free woman.’ As a matter of fact it is among those peoples where the bride-price is not given that marriage is most irrevocable. ‘Bride-price’ is therefore absurd, and ‘dower’ and ‘settlement’ are not more appropriate, as these terms should be reserved for customs which really belong to these classes, such as the hoes which a girl received from her father among the Chaga at circumcision and takes with her on her marriage, and the settlements of cattle made by the Bamangwato father to serve his daughter during her marriage and in case of widowhood. The use of specific native terms is to be deprecated, as notwithstanding their obvious accuracy they lead to confusion and the exact implication is not clear to the ordinary individual. The sealing of the contract is the act of paramount importance. It takes place between groups and not individuals, and each group pledges itself to see to the carrying out of the contract. Hence if the wife fail, the group supplies her place by offering a sister or other equivalent and thus recognises its obligation to continue the performance of the contract. Further, the consideration, whatever it may be, may be divided among the members of the bride's clan or group. Tentatively, ‘earnest’ is suggested for discussion, as implying the undertaking to ensure the due observance of the contract.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.