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Aunts, uncles, nieces or nephews

See also: Avunculate marriage

In the

genetic defects among the offspring. Nephew-niece marriages predominantly occur among foreign immigrants. In November 2008, the Christian Democratic (CDA) party's Scientific Institute announced that it wanted a ban on marriages to nephews and nieces.[1]

Consensual sex between adults (persons of 18 years and older) is always lawful in the Netherlands and Belgium, even among closely related family members. Sexual acts between an adult family member and a minor are illegal, though they are not classified as incest, but as abuse of the authority such an adult has over a minor, comparable to that of a teacher, coach or priest.[2]

In Florida, consensual adult sexual intercourse with someone known to be your aunt, uncle, niece or nephew constitutes a felony of the third degree.[3] Other states also commonly prohibit marriages between such kin.[4] The legality of sex with a half-aunt or half-uncle varies state by state.[5]

In the United Kingdom, incest includes only sexual intercourse with a parent, grandparent, child or sibling,[6] but the more recently introduced offence of "sex with an adult relative" extends also as far as half-siblings, uncles, aunts, nephews and nieces.[7] However, the term 'incest' remains widely used in popular culture to describe any form of sexual activity with a relative. In Canada, marriage between uncles and nieces and between aunts and nephews is legal.[8]

Between adult siblings

Main article:
Sibling incest

The most public case of consensual adult sibling incest in recent years is the case of a brother-sister couple from Germany,

prosecutions and even jail time they have served as a result, has caused some in Germany to question whether incest between consenting adults should be punished at all. An article about them in Der Spiegel states that the couple are happy together. According to court records, the first three children have mental and physical disabilities, and have been placed in foster care.[9] In April 2012, at the European Court of Human Rights, Patrick Stübing lost his case that the conviction violated his right to a private and family life.[10][11] On September 24, 2014, the German Ethics Council has recommended that the government abolish laws criminalizing incest between siblings, arguing that such bans impinge upon citizens.[12][13]

Some societies differentiate between full sibling and half sibling relations. In ancient societies, full sibling and half sibling marriages occurred.[14][15]

Cousin relationships

See also: Cousin marriage and List of coupled cousins
Saddam Hussein married his cousin Sajida Talfah.
Maria of Spain
.

Marriages and sexual relationships between first cousins are stigmatized as incest in some cultures, but tolerated in much of the world. Currently, 24

US states prohibit marriages between first cousins, and another seven permit them only under special circumstances.[16]
The United Kingdom permits both marriage and sexual relations between first cousins.[17]

In some non-Western societies, marriages between close biological relatives account for 20% to 60% of all marriages.[18][19][20]

First- and second-cousin marriages are rare, accounting for less than 1% of marriages in Western Europe, North America and Oceania, while reaching 9% in South America, East Asia and South Europe and about 50% in regions of the Middle East, North Africa and South Asia.

Bhittani of Pakistan clearly prefer marriages between cousins as belief they ensure purity of the descent line, provide intimate knowledge of the spouses, and ensure that patrimony will not pass into the hands of "outsiders".[22] Cross-cousin marriages are preferred among the Yanomami
of Brazilian Amazonia, among many other tribal societies identified by anthropologists.

There are some cultures in Asia which stigmatize cousin marriage, in some instances even marriages between second cousins or more remotely related people. This is notably true in the culture of

Hindu
communities in India prohibit cousin marriages.

In a review of 48 studies on the children parented by cousins, the rate of birth defects was twice that of non-related couples: 4% for cousin couples as opposed to 2% for the general population.[24]

Defined through marriage

Some cultures include relatives by marriage in incest prohibitions; these relationships are called

sororal polygyny, a form of polygamy
in which a man marries multiple wives who are sisters to each other (though not closely related to him).

In Islamic law, marriage among close blood relations like parents, stepparent, parents in-law, siblings, stepsiblings, the children of siblings, aunts and uncles is forbidden, while first or second cousins may marry. Marrying the widow of a brother, or the sister of deceased or divorced wife is also allowed.

Inbreeding

Main article: Inbreeding

Offspring of biologically related parents are subject to the possible impact of inbreeding. Such offspring have a higher possibility of

recessive alleles that produce such disorders[27] (see Inbreeding depression). Because most such alleles are rare in populations, it is unlikely that two unrelated marriage partners will both be heterozygous carriers. However, because close relatives share a large fraction of their alleles, the probability that any such rare deleterious allele present in the common ancestor will be inherited from both related parents is increased dramatically with respect to non-inbred couples. Contrary to common belief, inbreeding does not in itself alter allele frequencies, but rather increases the relative proportion of homozygotes to heterozygotes. This has two contrary effects.[28]

  • In the short term, because incestuous reproduction increases zygosity, deleterious recessive alleles will express themselves more frequently, leading to increases in spontaneous abortions of zygotes, perinatal deaths, and postnatal offspring with birth defects.
  • In the long run, however, because of this increased exposure of deleterious recessive alleles to natural selection, their frequency decreases more rapidly in inbred population, leading to a "healthier" population (with fewer deleterious recessive alleles).

The closer two persons are related, the higher the zygosity, and thus the more severe the biological costs of inbreeding. This fact likely explains why inbreeding between close relatives, such as siblings, is less common than inbreeding between cousins.[29]

There may also be other deleterious effects besides those caused by recessive diseases. Thus, similar immune systems may be more vulnerable to infectious diseases (see Major histocompatibility complex and sexual selection).[30]

A 1994 study found a mean excess mortality with inbreeding among first cousins of 4.4%.[31] Children of parent-child or sibling-sibling unions are at increased risk compared to cousin-cousin unions. Studies suggest that 20-36% of these children will die or have major disability due to the inbreeding.[32] A study of 29 offspring resulting from brother-sister or father-daughter incest found that 20 had congenital abnormalities, including four directly attributable to autosomal recessive alleles.[33]

Laws

Main article: Legality of incest

Laws regarding sexual activity between close relatives vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Prohibition of incest laws may extend to restrictions on marriage rights, which also vary between jurisdictions. Most jurisdictions prohibit parent-child and sibling marriages, while others also prohibit first-cousin and uncle-niece and aunt-nephew marriages. In most places, incest is illegal, regardless of the ages of the two partners. In other countries, incestuous relationships between consenting adults (with the age varying by location) are permitted, including in the Netherlands, France, Slovenia and Spain. Sweden is the only country that allows marriage between half-siblings and they must seek government counseling before marriage.[34]

While the legality of consensual incest varies by country, sexual assault committed against a relative is usually seen as a very serious crime. In some legal systems, the fact of a perpetrator being a close relative to the victim constitutes an

aggravating circumstance in the case of sexual crimes such as rape and sexual conduct with a minor – this is the case in Romania.[35]

Religious views

Jewish

Main article: Jewish views on incest

According to the Torah, per Leviticus 18, "the children of Israel"—Israelite men and women alike—are forbidden from sexual relations between people who are "near of kin" (verse 6), who are defined as:

  • Parents and children (verse 7)
  • Siblings and half siblings (verses 9 and 11). Relationships between these are particularly singled out for a curse in Deuteronomy 27, and they are of the only two kinds incestuous relationships that are among the particularly-singled-out relationships—with the other particularly-singled-out relationships being ones of non-incestuous family betrayal (cf. verse 20) and bestiality (cf. verse 21)
  • Grandparents and grandchildren (verse 10)
  • Aunts and nephews, uncles and nieces, etc. (verses 12–14).[36] Relationships between these are the second kind of relationships that are particularly singled out for a curse in Deuteronomy 27, and the explicit examples of children-in-law and mothers-in-law (verse 23) serves to remind the Israelites that the parents-in-law are also (or at least should be also) the children-in-laws' aunts and uncles:

And Moses commanded the children of Israel according to the word of the LORD, saying: 'The tribe of the sons of Joseph speaketh right. This is the thing which the LORD hath commanded concerning the daughters of

Zelophehad, saying: Let them be married to whom they think best; only into the family of the tribe of their father shall they be married. So shall no inheritance of the children of Israel remove from tribe to tribe; for the children of Israel shall cleave every one to the inheritance of the tribe of his fathers. And every daughter, that possesseth an inheritance in any tribe of the children of Israel, shall be wife unto one of the family of the tribe of her father, that the children of Israel may possess every man the inheritance of his fathers. So shall no inheritance remove from one tribe to another tribe; for the tribes of the children of Israel shall cleave each one to its own inheritance.' Even as the LORD commanded Moses, so did the daughters of Zelophehad. For Mahlah, Tirzah, and Hoglah, and Milcah, and Noah, the daughters of Zelophehad, were married unto their father's brothers' sons. (Leviticus 18:12–14
)

Incestuous relationships are considered so severe among

chillulim HaShem, acts which bring shame to the name of God, as to be, along with the other forbidden relationships that are mentioned in Leviticus 18, punishable by death as specified in Leviticus 20
.

In the 4th century BCE, the

Soferim (scribes) declared that there were relationships within which marriage constituted incest, in addition to those mentioned by the Torah. These additional relationships were termed seconds (Hebrew: sheniyyot), and included the wives of a man's grandfather and grandson.[37] The classical rabbis prohibited marriage between a man and any of these seconds of his, on the basis that doing so would act as a safeguard against infringing the biblical incest rules,[38] although there was inconclusive debate about exactly what the limits should be for the definition of seconds.[39]

Marriages that are forbidden in the Torah (with the exception of uncle-niece marriages) were regarded by the rabbis of the Middle Ages as invalid – as if they had never occurred;[40] any children born to such a couple were regarded as bastards under Jewish law,[40] and the relatives of the spouse were not regarded as forbidden relations for a further marriage.[41] On the other hand, those relationships which were prohibited due to qualifying as seconds, and so forth, were regarded as wicked, but still valid;[40] while they might have pressured such a couple to divorce, any children of the union were still seen as legitimate.[40]

Christian

The Catholic Church regards incest as a sin against the Sacrament of Matrimony.[42] For the Catholic Church, at the heart of the immorality of incest is the corruption and disordering of proper family relations. These disordered relationships take on a particularly grave and immoral character when it becomes child sexual abuse.

As the Catechism of the Catholic Church says:

2388 Incest designates intimate relations between relatives or in-laws within a degree that prohibits marriage between them. St. Paul stigmatizes this especially grave offense: 'It is actually reported that there is immorality among you...for a man is living with his father's wife....In the name of the Lord Jesus...you are to deliver this man to Satan for the destruction of the flesh....' Incest corrupts family relationships and marks a regression toward animality. 2389 Connected to incest is any sexual abuse perpetrated by adults on children or adolescents entrusted to their care. The offense is compounded by the scandalous harm done to the physical and moral integrity of the young, who will remain scarred by it all their lives; and the violation of responsibility for their upbringing.[43]

The Book of Common Prayer of the Anglican Communion allows marriages up to and including first cousins.[44]

Islamic

Main article: Mahram

The Quran gives specific rules regarding incest, which prohibit a man from marrying or having sexual relationships with:

  • his father's wife[45] (his mother,[46] or stepmother[47]), his mother-in-law, a woman from whom he has nursed, even the children of this woman[46]
  • either parent's sister (aunt),[46]
  • his sister, his half sister, a woman who has nursed from the same woman as he, his sister-in-law (wife's sister) while still married. Half relations are as sacred as are the full relations.[46]
  • his niece (child of sibling),[46]
  • his daughter, his stepdaughter (if the marriage to her mother had been consummated), his daughter-in-law.[46]

Cousin marriage finds support in Islamic scriptures and is widespread in the Middle East.[48]

Although Islam allows cousin marriage, there are Hadiths attributed to Muhammad calling for distance from the marriage of relatives.[49][50][51]

Zoroastrian

Main article: Xwedodah

In

Avestan: Xᵛaētuuadaθa, romanized: Xvaetvadatha).[57][58] The tradition was considered so sacred, that the bodily fluids produced by an incestuous couple were thought to have curative powers.[52] For instance, the Vendidad advised corpse-bearers to purify themselves with a mixture of urine of a married incestuous couple.[52] Friedrich Nietzsche, in his book The Birth of Tragedy, cited that among Zoroastrians a wise priest is born only by Xvaetvadatha.[59]

To what extent Xvaetvadatha was practiced in

honest signal of commitment and devotion to religious ideals.[64][65]

Hindu

karmic and practical bad effects of incest and thus practice strict rules of both endogamy and exogamy, in relation to the family tree (gotra) or bloodline (Pravara
). Marriage within the gotra (swagotra marriages) are banned under the rule of exogamy in the traditional matrimonial system.[67] People within the gotra are regarded as kin and marrying such a person would be thought of as incest. Marriage with paternal cousins (a form of parallel-cousin relationship) is strictly prohibited.

Although generally marriages between persons having the same gotra are prohibited,[68] how this is defined may vary regionally. Depending on culture and

caste of the population in the region, marriage may be restricted up to seven generations of gotra of father, mother, and grandmother. In a few rural areas, marriage is banned within same local community is only allowed with those from outside of the community, as they consider a small village to be like brothers and sisters of one large family. These rules are strictly enforced and a couple breaking them is violently punished sometimes.[69]

Common fruit fly females prefer to mate with their own brothers over unrelated males.[70]

Animals

Main article:
Animal sexual behavior

Many species of mammals, including humanity's closest primate relatives, tend to avoid mating with close relatives, especially if there are alternative partners available.[71] However, some chimpanzees have been recorded attempting to mate with their mothers.[72] Male rats have been recorded engaging in mating with their sisters, but they tend to prefer non-related females over their sisters.[73]

Livestock breeders often practice controlled breeding to eliminate undesirable characteristics within a population, which is also coupled with culling of what is considered unfit offspring, especially when trying to establish a new and desirable trait in the stock.

Insects

North Carolina State University found that bed bugs, in contrast to most other insects, tolerate incest and are able to genetically withstand the effects of inbreeding quite well.[74]

See also

References

Notes
  1. ^ Bodissey, Baron (26 November 2008). "Gates of Vienna News Feed 11/26/2008".
  2. ^ "is incest strafbaar ? | Goede raad is goud waard – Advocatenkantoor Elfri De Neve" (in Dutch). Elfri.be. 2009-07-15. Retrieved 2013-07-30.
  3. ^ Criminal Law – Page 200, John M. Scheb – 2008
  4. ^ Family Law in the USA – Page 207, Lynn Dennis Wardle, Laurence C. Nolan – 2011
  5. ^ The Encyclopedia of Genetic Disorders and Birth Defects – Page 101, James Wynbrandt, Mark D. Ludman – 2010
  6. ^ "Incest by a man". Sexual Offences Act 1956. National Archives UK. Retrieved 28 March 2014.
  7. ^ "Sexual Offences Act 2003". legislation.gov.uk. The National Archives of United Kingdom. Retrieved 28 March 2014.
  8. ^ "Repeal laws banning cousins from marrying: Geneticists". CBC.
  9. ^ Cite error: The named reference spiegel was invoked but never defined (see the help page).
  10. ^ Staff, By the CNN Wire. "German incest couple lose European court case – CNN". CNN. {{cite web}}: |first= has generic name (help)
  11. ^ Judgment on the Stübing vs. Germany case. European Court of Human Rights.
  12. ^ "German Ethics Council: Incest Is a Right". The Daily Beast. 2014-09-24. Retrieved 2014-10-05.
  13. ^ "Incest a 'fundamental right', German committee says". The Telegraph. 2014-09-24. Retrieved 2014-10-05.
  14. ^ Roger S. Bagnall, Bruce W. Frier, The Demography of Roman Egypt, 2006, p.128
  15. ^ Roy Porter, Mikuláš Teich, Sexual Knowledge, Sexual Science: The History of Attitudes to Sexuality, 1994, p.239
  16. ^ Joanna Grossman, Should the law be kinder to kissin' cousins?
  17. ^ Boseley, Sarah (4 July 2013). "Marriage between first cousins doubles risk of birth defects, say researchers". The Guardian. Retrieved 28 March 2014.
  18. ^ "Consanguinity Fact Sheet – Debunking Common Myths". Archived from the original on 2017-12-23. Retrieved 2017-12-23.
  19. ISBN 9781454831556
    – via Google Books.
  20. ^ "In some parts of the world 20–60% of all marriages are between close biological relatives (Bittles, 1998)" Genetic Counseling and Screening of Consanguineous Couples and Their Offspring: Recommendations of the National Society of Genetic Counselors
  21. doi:10.1016/j.paed.2008.02.008
    .
  22. ISBN 978-90-04-12819-4
    .
  23. ISBN 9781476622620
    .
  24. ^ Towie, Narelle (2008-05-31). "Most babies born to first-cousins are healthy". Perth Now. Archived from the original on 2012-02-02. Retrieved 2012-01-05.
  25. ISBN 978-0-8018-7204-4
    .
  26. Oxford Dictionary of National Biography
    . Oxford, England: Oxford University Press.
  27. S2CID 84009643
    .
  28. ISBN 978-0-226-79854-7
    .
  29. PMID 23209792
    .
  30. PMID 12737660
    .
  31. S2CID 36077657
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  32. ^ Cite error: The named reference WolfDurham2005 was invoked but never defined (see the help page).
  33. PMID 7131177
    .
  34. ^ Incest: an age-old taboo. BBC. 12 March 2007. retrieved 22 January 2011
  35. ^ See Articles 218–221 of the Romanian Penal Code [1]
  36. ^ Also see the Central Conference of American Rabbis' Responsum 142.
  37. ^ Yebamot' (Tosefta) 2:3
  38. ^ Yebamot 21a
  39. ^  This article incorporates text from a publication now in the public domain: Singer, Isidore; et al., eds. (1901–1906). "incest". The Jewish Encyclopedia. New York: Funk & Wagnalls.
  40. ^ a b c d Shulchan 'Aruk, Eben ha-'Ezer, 16, 1
  41. ^ Yebamot 94b
  42. ^ Catechism of the Catholic Church 2388
  43. ^ Catechism of the Catholic Church 2388–2389
  44. ^ "A Table of Kindred and Affinity". Book of Common Prayer. Canada. 1962.{{cite book}}: CS1 maint: location missing publisher (link)
  45. ^ "Sûrah an Nisa 4:22".
  46. ^ a b c d e f "Sûrah an Nisa 4:23".
  47. ^ "Surah an-Nisa 4:23".
  48. ISBN 9781782384380
    .
  49. ^ Shaykh Faraz A. Khan (7 October 2011). "Did the Prophet (Peace Be Upon Him) Discourage Marrying Cousins? – SeekersHub Answers". SeekersHub Answers. Retrieved 12 August 2017.
  50. ^ Abdullah Ghadai (10 May 2015). "Marriage between cousins – IslamQA". IslamQA. Checked and Approved by, Mufti Ebrahim Desai. Retrieved 12 August 2017.
  51. ^ Saleem Ahmed, Ph.D. "Cousin Marriage Among Muslims". Muslim Council of America Foundation. Retrieved 12 August 2017.
  52. ^
    ISBN 9781582437965
    .
  53. Encyclopaedia Iranica
    , online edition. Retrieved 2018-08-20.
  54. S2CID 191672920
    .
  55. doi:10.1016/S0162-3095(96)00074-X
    .
  56. ISSN 1699-6909
    .
  57. Encyclopaedia Iranica
    , online edition. Retrieved 2018-08-20.
  58. ISBN 978-9004108448
    .
  59. ^ The Birth of Tragedy, Friedrich Nietzsche. Anaconda Verlag – 2012.
  60. ^ Michael Mitterauer, “The Customs of the Magians: The Problem of Incest in Historical Societies,” in Roy Porter and Mikuláš Teich, eds., Sexual Knowledge, Sexual Science: The History of Attitudes to Sexuality, Cambridge, UK, and New York, 1994, pp. 231–50.
  61. ^ Fischer, Michael MJ. "Ptolemaic Jouissance and the Anthropology of Kinship: A Commentary on Ager" The Power of Excess: Royal Incest and the Ptolemaic Dynasty"." Anthropologica 49, no. 2 (2007): 295–299.
  62. ^ *Jakob Eduard Polak, Persien, das Land und seine Bewohner: ethnographische Schilderungen, 2 vols in one, Leipzig, 1865; tr. Kaykāvus Jahāndāri as Safar-nāma-ye Polāk: Iran wa Irāniān, Tehran, 1982.
  63. ^ Porter, Roy, and Mikulas Teich, eds. Sexual Knowledge, Sexual Science. CUP Archive, 1994, p.237
  64. ^ Scheidel, Walter. "Evolutionary psychology and the historian." The American Historical Review 119, no. 5 (2014): 1563–1575.
  65. ^ Fischer, Michael MJ. "Ptolemaic Jouissance and the Anthropology of Kinship: A Commentary on Ager" The Power of Excess: Royal Incest and the Ptolemaic Dynasty"." Anthropologica 49, no. 2 (2007): 295–299.
  66. ^ O'Flaherty, Wendy Doniger. The Origins of Evil in Hindu Mythology. University of California Press. p. 7.
  67. ^ "There can be no matrimony between the sects of Gehlawat and Kadiyan as they have a 'brotherhood' akin to consanguinity.""Haryana panchayat takes on govt over same-gotra marriage". Indian Express. July 20, 2009
  68. ^ The Illustrated Encyclopedia of Hinduism: N-Z, James G. Lochtefeld, Rosen Publishing Group, 2002; p. 526.
  69. ^ "In India these rules are reproduced in the form of that one must not marry within the Gotra, but not without the caste" "Limitations of Marriage" Archived 2010-11-03 at the Wayback Machine. sanathanadharma.com
  70. PMID 23251487
    .
  71. ^ Wolf, Arthur P.; William H. Durham (2004). Inbreeding, Incest, and the Incest Taboo: The State of Knowledge at the Turn of the Century. Stanford University Press. p. 169.
    ISBN 978-0-8047-5141-4
    .
  72. ^ Incest not so taboo in nature Livescience, retrieved 29 January 2012
  73. ^ Sexual Behaviour In Animals A. Sarkar; retrieved 29 January 2012
  74. ^ "Insect Incest Produces Healthy Offspring". 8 December 2011.
Bibliography

External links


Category:Family law

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