Category: Family, Life & Experiences

Clan is an exogamous group which comes next to family. If the tribe or caste is endogamous, the clan is exogamous. The institution of clan is found in all the primitive societies. It resembles the family but dif­fers from it fundamentally. In British anthropology sib is understood as clan whereas in American anthropology clan is defined as sib. The family is bilateral; either the individual belongs to matriarchal descent or to patriarchal descent. In other words, an individual recognizes his relationship either with a woman as his mother or a man as his father. ADVERTISEMENTS: Thus, clan or sib traces its origin through either parent to the total ne­glect of the other. If a tribe is organized into mother clans, every child regardless of sex is considered a member of…

Morgan proposed a much controversial theory of kinship. During his lifetime his theory was rejected. It was after his death and particularly after River’s interpretation that his theory came into prominence. The structural theory of kinship which Levi-Strauss developed at a later stage borrows heavily from Morgan. It is because of this that Meyer Fortes calls Morgan the founding father of kinship theory of structure and social organization. Morgan’s classificatory theory of kinship is found in his Systems of Consanguinity and Affinity. Besides being a theorist, Morgan was a first-rate ethnologist. When he pro­pounded his theory of sex promiscuity or communism, he was criticized severely. Among his critics were Radcliffe-Brown and Frazer. He was rejected for making conjectures without any ethnic evidence. His classificatory kinship theory begins with systems of…

Exogamy is a general rule of marriage. When a person marries outside a specific social group of which he is a member, it is exogamy. In other words, a marriage outside the lineage group is exogamy. A lineage is a descent group either from the father’s or mother’s line which traces its origin from a common ancestor. In such a situation it becomes inter­esting to differentiate between the close kin and the descent or lineage. Certainly, the size of the group of close kin is smaller. Normally, it consists of father, children and siblings. Beyond this small group there is a larger group which consists of descent and lineage groups. Accord­ing to the rules of exogamy one is not allowed to marry within the lineage and descent group. Marriage outside…

The four component parts of the definition of consideration may well be described as the essentials of valid consideration. We shall now discuss these essentials one by one in detail.Essentials of valid consideration in Indian Contract Act are as follows:The four component parts of the definition of consideration may well be described as the essentials of valid consideration. We shall now discuss these essentials one by one in detail. ADVERTISEMENTS: 1. Consideration must move at the desire of the promisor:In order to constitute legal consideration, the act or abstinence forming the consideration for the promise must be done at the desire or request of the promisor. Thus acts done or services rendered voluntarily, or at the desire of third party, will not amount to valid consideration so as to support…

Important kinds of endorsements are given below:1. Blank or genera endorsementl: If the endorser signs his name only and does not specify the name of the endorsee, the endorsement is said to be in blank Sec. 16(1). The effect of a blank endorsement is to convert the order instrument into bearer instrument (Sec. 54), which may be transferred merely by delivery. Image Source: images.wisegeek.com ADVERTISEMENTS: 2. Endorsement in full or special endorsement:If the endorser, in addition to his signature, also adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person the endorsement is said to be in full [Sec. 16(1)].If, for example, A, the holder of a bill of exchange, wants to make an endorsement in full to B, he…

There were certain doubts in the minds of Indian Muslims regarding the application of Muslim personal law to Muslims. To confirm the policy of the British Government and to remove their doubts, the Shariat Act had to be enacted by the Central Legislature in 1937. At present the application of Muslim Personal Law is generally regulated by this enactment. Provisions of this Act regarding the application of Muslim Personal Law are summarised as under:(a) Section 2 of the Shariat Act provides that in a case where both the parties are Muslims the rule for decision shall be Muslim Law, if the case involves any of the following matters:(1) Intestate succession (i.e. inheritance), ADVERTISEMENTS: (2) Special property of the females,(3) Marriage (including all incidents of marriage),(4) Dissolution of marriage (including all…