The Institution of Marriage in Ethiopia
摘要
This chapter analyses the institution of marriage in Ethiopia through anthropological theories and Ethiopian customs, examining Malinowski’s view of a reciprocity-based legal system and the marriage-as-contract versus marriage-as-institution debate. It scrutinises key characteristics of African customary marriages, noting their polygamous structures, the key role of families in their arrangement, the significance of brideprice as a legal and protective measure, and the procreation focus. The study then examines how European colonisation introduced Western legal ideas while customary law often persisted, and shows how uncolonized Ethiopia developed its legal system in distinct ways. Focusing on the dominant Amhara people, the study describes three Ethiopian marriage types: civil marriage with formal contracts; temporary paid contracts recognised by law despite Church disapproval; and unbreakable religious unions among aristocrats and clergy. Finally, the chapter analyses Amhara divorce practices, which remained relatively accessible for certain marriage types and involved family mediation, property division, and child custody rules reflecting both customary and formal laws.