Marriage and the family in northern Somlailand. Lewis,-Ioan-M. Society-Somali-Africa General 1955-1957 East African Studies, 15, Kampala, Uganda, East African Institute of Social Research. 42 1962 [Previous page continued] Although selected from a limited range of sources, these examples, widely distributed geographically, and differing considerably in economic a nd political structure, provide good evidence that stable marriage is not invariably associated with patrilineal descent. And since in most cases, although marriage is unstable, considerable marriage payments are made, there is thus no demonstrable correlation between patrilineal descent as such, high bride-wealth, and stable marriage. Nor, it should be added, is there any reason t o doubt that the societies instanced are all in fact firmly patrilineal in descent and affiliation. The unstable character of their marital institutions cannot therefore be attributed to changes in the system of descent such as those which Barnes (1951) suggests account for the instability of marriage amongst the present-day Ngoni of Northern Rhodesia. [See note 1] Mitchell, (op.cit., p.7), however, recognising the existence of patrilineal societies where marriage tends to be unstable, has attempted to account for this in terms of a distinction between marriages which transfer genetricial rights to the husband and his group, and those which transfer genetricial rights to the husband only. Thus in modern urban African conditions the nature of marriage and its stability are held to change concurrently with general structural changes attendant upon urbanisation. In the case of peoples with agnatic descent, patrilineages shed some of their corporate functions and marriage confers genetricial rights on individuals rather than upon groups, marriage in these circumstances being unstable. This explanation, however, cannot satisfactorily apply to the particular patrilineal societies cited above. For although there are differences amongst them in the extent to which the husband is regarded as the legal father of all his wife's children, whoever begets them, [See note 2] all these peoples appear to practise some form of leviratic and sororatic marriage. This shows that for them marriage is not merely an individual contract between a man and a woman, but also an alliance involving the transfer of genetricial rights between their lineages. Thus her e, as in the Somali case, marriage implies some measure of corporate union where the wife is married to her husband's group as a whole; and yet marriage is unstable. Thus neither in logic nor in reality are there grounds for assuming that marriage in patrilineal societies necessarily involves the permanent transfer of genetricial rights to the husband and his group. A man, and potentially his lineage also, can enjoy full rights over the affiliation of a woman's children without possessing permanent control of her fertility. Here the word permanent must be emphasised. Much of the confusion in the discussion of the stability of marriage in tribal societies seems to arise from a failure to distinguish between the acquisition of full genetricial rights and the permanent holding of these rights. In theory and often in practice these are entirely separate issues. If, however, marriage is defined as a contract which among st other things includes the transfer of genetricial rights, then clearly when these are permanently bestowed upon the husband and his group marriage must be stable. But there is no necessary correlation between the acquisition of genetricial rights and marriage stability. It is merely tautological to state that in those patrilineal societies where genetricial rights are permanently held by a husband marriage is stable, whereas in other cases where they are not held permanently marriage is unstable. Thus preoccupation with the position in regard to the transfer of genetricial rights leads eventually to an impasse. Further consideration of the patrilineal societies with unstable marriage which have been cited above suggests, however, that they share a common feature which may be of significance in this discussion. As with the Somali, [Continued next page] [Note 1] Stonning (1959,p.190 ff.). however,attempts to correlate the instability of contemporary Fulani marriage with structural changes, but nevertheless considers that the Fulani are still today strongly patrilineal; so that, whatever the position may have been in the past, the present situation is that unstable marriage and strong agnation occur together amongst the Fulani. [Note 2] i.e. a distinction between the physical father or genitor and the leg al father or pater, Thus among the Soga illegitimate children belong to the lineage of the man who begets them (the genitor) not to the legal father, the man married to their mother. (Fallers, op. cit., p.120). Ideas-About-Marriage; Economics-Of-Marriage 121; 171; 581; 583; 613 DOC:3982