Deborah Chan
Premortem weddings, also known as posthumous marriages or necrogamy, are a rare tradition in which a living person weds a deceased individual. While this practice is not legally recognized in most countries, France is a notable exception, allowing posthumous marriages under Article 171 of its civil code. In certain cultures, such as China and Sudan, ghost marriages are performed to address social and spiritual concerns, particularly the belief in placating the spirits of those who die unmarried. These ceremonies can involve a living proxy standing in for the deceased or symbolic representations like a bride doll. While premortem weddings are uncommon and often carry cultural and spiritual significance, their legal recognition remains limited outside of specific contexts like France's legislative framework.
| Characteristics | Values |
|---|---|
| Countries where it is legal | France, Sudan |
| Countries where it is not legal | United States, China |
| Requirements in France | Approval from civil servants and the family of the deceased |
| Who can initiate it | The living spouse |
| Who it is intended for | War widows, pregnant women whose partners have died |
| Financial implications | The living spouse cannot receive any property or money of the deceased spouse |
| Social implications | The living spouse becomes a part of the deceased spouse's family |
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What You'll Learn
Posthumous marriage legality in France
Posthumous marriage, or marrying a deceased partner, is legal in France under Article 171 of the French Civil Code. This law was enacted in 1959 following the deadly rupture of the Malpasset Dam, which killed a man named André Capra, whose fiancée, Irène Jodart, successfully pleaded with the French President to allow her to go ahead with their marriage plans.
To obtain permission for a posthumous marriage, an individual must send a request to the President of France, who forwards it to the Justice Minister, who then sends it to the prosecutor for the surviving member's district. The prosecutor will only send the application back to the President if the couple had planned on getting married and the family of the deceased approves. The primary reasons for posthumous marriage in France are to legitimize children that a woman might have and for emotional reasons.
The President of the Republic carefully considers the seriousness of the circumstances of the death and requires that the application refers to serious reasons for the posthumous marriage. Examples of ways to legally show intent are for the deceased to have posted banns (official wedding announcements) at the local courthouse or to have written permission from a soldier's commanding officer. Requests also include records that show a serious cause, such as the birth of a child or the unexpectedness of death.
While the law does not permit the living spouse to receive any of the deceased spouse's property or money, the widow can receive a pension and be entitled to insurance benefits. Spouses of French soldiers or firefighters are the easiest cases granted.
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Posthumous marriage in popular culture
Posthumous marriage, also known as necrogamy or ghost marriage, is a marriage in which at least one of the participating members is deceased. This practice has a long history and continues to occur in various parts of the world, including China, France, India, Japan, Sudan, and the United States, specifically within the Church of Jesus Christ of Latter-Day Saints.
The concept of posthumous marriage has been explored in various forms in popular culture, reflecting its presence in different societies and periods. Here are some examples:
- Literature and Folklore: In certain cultures, folklore and literature have emerged surrounding posthumous marriages. For instance, the concept of "Pretha Kalyanam" in India's Karnataka and Kerala states reflects a belief in ensuring happiness for the spirits of deceased unmarried children through marriage, bringing luck to their families.
- Media Reports and True Stories: Numerous media outlets have reported on real-life instances of posthumous marriage. For example, the story of Christelle Demichel, who legally married her deceased partner, Eric Demichel, after his death in a road accident, was covered by the media. Similarly, the tragic tale of Mgwanini Molomo, who was killed by her fiancé David Masenta before he took his own life, resulted in their families arranging a posthumous wedding to remember them as a happy couple.
- Religious and Spiritual Practices: Posthumous marriage is recognised in certain religious and spiritual traditions. Members of the Church of Jesus Christ of Latter-day Saints (LDS Church) believe in "eternal marriage," where marriage transcends death. This belief has led to the practice of posthumous sealings, uniting couples and their families for eternity.
- Social and Cultural Norms: In some societies, posthumous marriage has been influenced by social and cultural norms. In China, for instance, there is a concept of "minghun" or "spirit marriage", which can be performed between two deceased individuals or between a living person and a deceased person. This tradition is influenced by the idea that unmarried women over a certain age are considered embarrassing to their parents.
- Legal Recognition: Posthumous marriage has gained legal recognition in certain jurisdictions. France, notably, has Article 171 of its Civil Code, which allows for posthumous marriages. This legislation was influenced by tragic events, such as the Malpasset Dam disaster in 1959, which prompted a pregnant woman to petition the government to marry her deceased fiancé.
- Artistic Expressions: Artists have explored the theme of posthumous marriage in their work. For example, in the realm of visual arts, the photographer Cecilia Bogaard has researched and created content related to posthumous marriage practices, as mentioned on the Ancient Origins website.
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Native American wedding legalities
The recognition of Native American marriages is a complex issue due to the intersection of tribal sovereignty and modern legal systems. Native American wedding traditions are as diverse as the tribes themselves, with each tribe having its own unique rituals, beliefs, and symbols. While these ceremonies are steeped in centuries-old traditions, their legal standing can vary when it comes to state and federal laws.
For example, a Native American wedding performed at a powwow is considered legal as long as the couple has a valid marriage license and the person officiating the ceremony has the authority to do so. This raises questions about the recognition of Native American marriages within broader legal systems and ensuring that Native American couples are granted the same rights and protections as those outside of their community.
Many Native Americans desire a wedding that reflects their heritage and traditions. Some common traditions include the use of water as a symbol of purification and cleansing, with the couple ceremonially washing their hands to wash away past evils and memories of past loves. The wedding vase is another common tradition, used by Native American couples in the Southwest and elsewhere. The bride's mother may also present her with a basket containing an ear of corn or a loaf of bread during the ceremony.
Marriage customs among Native American tribes vary widely, with each tribe having its own traditions and beliefs. For instance, the Navajo have an intricate wedding basket exchange, while the Iroquois have a joining of families ceremony. The Cherokee's "Seven Steps" ceremony and the Apache's sunrise ceremony are also unique and significant rituals.
In summary, the legal recognition of Native American weddings depends on the specific tribal traditions and their intersection with state and federal laws. While some traditions may be legally recognized, it is important to respect tribal autonomy and ensure that Native American couples are afforded the same rights and protections as those outside their communities.
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Ghost marriages in China
Ghost marriages, also known as 'minghun' or 'spirit marriages' in Chinese, are weddings in which one or both parties are deceased. The practice, which originated during the Han dynasty (206 BC–220 AD), is based on the yin and yang philosophy, which holds that the yin must merge with the yang to achieve harmony. It is believed that if a person dies unmarried, their spirit will be lonely in the afterlife and may cause harm to their living family members. Thus, living relatives may arrange for their deceased loved one to be married to another deceased individual, or, in some cases, to a living person.
In ancient times, ghost marriages were performed as a form of bereavement therapy, and they continue to be practised by various Chinese communities today, particularly in northern China. The rituals involved in ghost marriages are similar to those of traditional weddings and funerals, with the exchange of gifts and the use of effigies to represent the deceased. However, ghost marriages are often stigmatised and associated with superstition.
One reason for performing ghost marriages is to address social and spiritual concerns. In traditional Chinese culture, it is considered shameful for parents to have an unmarried daughter, and unmarried women may be shunned by society. For men, ghost marriages can be a way to continue the family lineage, as the spouse of a deceased man can adopt a child to carry on the family name. Additionally, in some Chinese traditions, it is considered improper for a younger brother to marry before his older brother, so a ghost marriage may be arranged for an older brother who has died unmarried.
In recent years, there have been reports of criminal activities associated with ghost marriages, including grave robberies and even murders. In some cases, individuals have been killed or their corpses stolen so that they can be sold as ghost brides or grooms to the families of deceased, unmarried individuals. These practices have led to calls for stricter regulation and legal intervention to address the issues surrounding ghost marriages in China.
While ghost marriages are not legally recognised in China, there is no explicit prohibition against the custom. However, authorities have emphasised the need for regulation and legal action if illegal activities are found to be associated with these practices.
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Posthumous marriage in Sudan
Posthumous marriage, also known as necrogamy or ghost marriage, is a marriage in which one or both parties are deceased. In Sudan, there is a tradition that when an engaged man dies, his brother replaces him at the wedding ceremony, and any resulting children are considered those of the deceased brother. This custom is practised by the Dinka (Jieng), Nuer, and Atuot people of South Sudan, who are cattle-herding pastoralists.
The Nuer people do not practise this custom solely for the continuation of a bloodline. In accordance with Nuer tradition, any wealth owned by the woman becomes the property of her husband after marriage. This wealth transfer is in the form of cattle, exchanged from the father's lineage to the mother's lineage. Once this exchange is complete, the male children of the woman who received the cattle can now marry.
In Sudan, marriage is considered a fundamental social institution and is highly valued in Sudanese culture. The majority of Sudanese people are Muslims, and Islamic law governs marriage and family matters. Under Islamic law, marriage is a contract between two parties, based on mutual consent between the groom and the bride's guardian (wali). The marriage contract is regulated by the Personal Status Law of 1991, which has been criticised by feminist groups and human rights advocates. This law sets the legal age of marriage to 18 for boys and 16 for girls, although there are exceptions, such as Islamic law, which allows girls as young as nine to marry.
Arranged marriages are very common in Sudan, especially in rural areas, where child marriage is a significant issue. According to UNICEF, 12% of girls in Sudan are married before the age of 15, and 34% are married before the age of 18.
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Frequently asked questions
A premortem wedding, also known as a posthumous marriage or necrogamy, is a wedding in which one or both parties are deceased.
Premortem weddings are legal in France and Sudan. In France, the practice is permitted by Article 171 of the civil code, which was enacted in 1959 following the Malpasset Dam disaster. In Sudan, a living man can stand in for the deceased groom at the wedding, and any children resulting from the union are considered those of the deceased.
Premortem weddings have been practised in various cultures for centuries, often to address social and spiritual concerns. In China, for example, ghost marriages are performed to placate the spirits of those who die unmarried.
In France, a request for a premortem wedding must be approved by the President of France, the Justice Minister, and the prosecutor for the surviving member's district. The family of the deceased must also consent to the union.
