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In countries governed by a mixed secular-religious legal system, such as in Lebanon and Israel, locally performed civil marriage also does not exist within the country, preventing interfaith and various other marriages contradicting religious laws from being entered into in the country, however, civil marriages performed abroad are recognized by the state even if they conflict with religious laws (in the case of recognition of marriage in Israel, this includes recognition of not only interfaith civil marriages performed abroad, but also overseas same-sex civil marriages).

The related word "matrimony" derives from the Old French word matremoine, which appears around 1300 CE and ultimately derives from Latin mātrimōnium, which combines the two concepts: mater meaning "mother" and the suffix -monium signifying "action, state, or condition".

In The History of Human Marriage (1922), Edvard Westermarck defined marriage as "a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of the offspring." In The Future of Marriage in Western Civilization (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognized by custom or law".

This in turn is derived from Old French, marier (to marry), and ultimately Latin, marītāre, meaning to provide with a husband or wife and marītāri meaning to get married.

The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife".

In terms of legal recognition, most sovereign states and other jurisdictions limit marriage to opposite-sex couples and a diminishing number of these permit polygyny, child marriages, and forced marriages.

Over the twentieth century, a growing number of countries and other jurisdictions have lifted bans on and have established legal recognition for interracial marriage, interfaith marriage, and most recently, gender-neutral marriage.

as such, they could not own or inherit property, or represent themselves legally (see for example coverture).

In Europe, the United States, and other places in the developed world, beginning in the late 19th century and lasting through the 21st century, marriage has undergone gradual legal changes, aimed at improving the rights of the wife.

The anthropological handbook Notes and Queries (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners." In recognition of a practice by the Nuer people of Sudan allowing women to act as a husband in certain circumstances (the ghost marriage), Kathleen Gough suggested modifying this to "a woman and one or more other persons." In an analysis of marriage among the Nayar, a polyandrous society in India, Gough found that the group lacked a husband role in the conventional sense; that unitary role in the west was divided between a non-resident "social father" of the woman's children, and her lovers who were the actual procreators.

None of these men had legal rights to the woman's child.

In the 21st century, there continue to be controversies regarding the legal status of married women, legal acceptance of or leniency towards violence within marriage (especially sexual violence), traditional marriage customs such as dowry and bride price, forced marriage, marriageable age, and criminalization of consensual behaviors such as premarital and extramarital sex.

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