Abstract
Marital consent is a universal principle embedded in all marital systems, including the arranged marriage system. Consent, interpreted in the legal discourse as ‘full and free consent’, makes reference to the free, autonomous individual, who expresses consent in relationships that are considered equal. It is this consent that must be achieved in all marriages, including the arranged marriage. Arguably this consent is more easily achieved in the autonomous marriage system than in the arranged one. In the latter the collective incorporates to varying degrees the individual in a hierarchized interdependent relationship and parents play a pivotal role in match making and heavily influence individual marital consent. Viewed from the perspective of the standard of full and free consent, the arranged marriage system is considered to violate the rights of marital agents to consent as equal, free individuals. In addition, marital agents in such a system are regarded as victims of parents, especially patriarchs, who quash free choice. Consequentially, the cultural space of the arranged marriage system is seen as a battlefield between freedom seeking marital agents and oppressive patriarchs.
This presentation argues that applying standards of full and free consent to the arranged marriage system not only misrepresents this system it also hinders a proper understanding of how consent really operates in the arranged marriage system. In this system, marital agents depend and trust their parents to take varying degrees of authority on matters of marital choice.
This presentation studies parental authority by drawing on leading scholars on the topic, amongst them Hannah Arendt and Richard Sennet. It highlights that only when parental authority is exercised legitimately, in best interests of the marital agents, will these agents voluntarily accept parental influence on marital consent. A language that captures this dynamic should be incorporated into the language of full and free consent.
This presentation argues that applying standards of full and free consent to the arranged marriage system not only misrepresents this system it also hinders a proper understanding of how consent really operates in the arranged marriage system. In this system, marital agents depend and trust their parents to take varying degrees of authority on matters of marital choice.
This presentation studies parental authority by drawing on leading scholars on the topic, amongst them Hannah Arendt and Richard Sennet. It highlights that only when parental authority is exercised legitimately, in best interests of the marital agents, will these agents voluntarily accept parental influence on marital consent. A language that captures this dynamic should be incorporated into the language of full and free consent.
| Original language | English |
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| Publication status | Unpublished - 2022 |
| Event | Equality Law in Context: Illuminating Intersections in Search for Global Justice: 10th Annual Conference of the Berkeley Center of Comparative Equality and Non-discrimination Law - Utrecht University Duration: 28 Jun 2023 → 30 Jun 2023 https://bcce.sites.uu.nl |
Conference
| Conference | Equality Law in Context: Illuminating Intersections in Search for Global Justice |
|---|---|
| Period | 28/06/23 → 30/06/23 |
| Internet address |
Keywords
- Arranged Marriage
- marital consent
- parental authority