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This chapter analyses the evolution of marriage law in Ethiopian legislation from Bäǝdä Maryam to Mǝnilǝk II, tracing tensions between religious rulings, imperial decrees, and customary practices. It demonstrates how emperors selectively applied the Fǝtḥa Nägäśt’s monogamy requirement and maintained multiple wives. The chapter also examines how Ethiopian subjects navigated legal dualism, following Christian monogamy officially while practising traditional unions or polygamy. The study reveals that under Śärṣä Dǝngǝl, the Fǝtḥa Nägäśt served primarily as a guideline, frequently interpreted flexibly or supplemented by customary law, despite its official recognition. It argues that public dispute resolution remained a standard, with local elders or bystanders acting as judges, focusing on rhetorical skill rather than strict legal rules. The study then explores how Jesuit missions in Ethiopia encountered widespread resistance to Christian marriage ideals, and how imperial decrees mandating monogamy, particularly under Susǝnyos, faced opposition and were revoked. It concludes by examining Mǝnilǝk II’s judicial reforms and his 1908 decree banning polygamy for Christians, whilst noting his own selective application of laws, revealing the persistent influence of traditional customs.

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The Institution of Marriage in Ethiopian Legislation from Zärᵓa Yaᶜǝqob’s Death to the Reign of Mǝnilǝk II

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  • 发表日期：

    2026年

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  • Zuzanna Augustyniak

摘要

This chapter analyses the evolution of marriage law in Ethiopian legislation from Bäǝdä Maryam to Mǝnilǝk II, tracing tensions between religious rulings, imperial decrees, and customary practices. It demonstrates how emperors selectively applied the Fǝtḥa Nägäśt’s monogamy requirement and maintained multiple wives. The chapter also examines how Ethiopian subjects navigated legal dualism, following Christian monogamy officially while practising traditional unions or polygamy. The study reveals that under Śärṣä Dǝngǝl, the Fǝtḥa Nägäśt served primarily as a guideline, frequently interpreted flexibly or supplemented by customary law, despite its official recognition. It argues that public dispute resolution remained a standard, with local elders or bystanders acting as judges, focusing on rhetorical skill rather than strict legal rules. The study then explores how Jesuit missions in Ethiopia encountered widespread resistance to Christian marriage ideals, and how imperial decrees mandating monogamy, particularly under Susǝnyos, faced opposition and were revoked. It concludes by examining Mǝnilǝk II’s judicial reforms and his 1908 decree banning polygamy for Christians, whilst noting his own selective application of laws, revealing the persistent influence of traditional customs.