Confucianism view of divorce
To properly understand the Confucianism view of divorce requires a short look back at the view of marriage. Marriages are usually arranged by the father of the groom who approaches the father of the bride and the marriage is arranged or not undertaken. It was customary, though not strictly adhered to, for the fathers of the proposed couple to consider the wishes of their children when deciding such matters.
Marriage takes the form of a contract between the groom and bride by authority of the groom’s father. It is the obedience of the groom and bride to their respective fathers that bind the couple together. Unlike here in the Western World, there is neither a marriage license issued nor a church to take control of the ceremony (Huan-Chang, 1911, p. 147).
Once the wedding had taken place it is up to the married couple to remain together if they so choose. The only outside authority that may have a bearing on the longevity of the marriage is the control the husband’s family could exert upon him. Yet the couple is legally free to separate at any time (Dawson, 1915, p. 148).
Huan-Chang adds that in the Elder Tai’s Record of Rites, there are seven grounds for divorcing a wife (1911, p. 148):
(1)disobedience to parents-in-law; (2) not giving birth to a son; (3) adultery; (4) jealousy of her husband’s attentions, that is, to the other inmates of his harem; (5) leprosy; (6) talkativeness; (7) thieving
Huan-Chang also states that there are three considerations which may overrule the seven grounds above (1911, p. 148):
(1)having no family for her return; (2) having passed through three years’ mourning for his parents; (3) his condition formerly poor and mean, and now rich and honorable
The reasons for the dependency on the husband and his family in the usual cases for divorce can be traced to the paternally based society in China. The Chinese society depends heavily on the paternal lines for social structure and order. If the authority to divorce was granted to the woman in most situations, it is believed that society would fall into disorder (Huan-Chang, 1911, P. 150).
It is not ruled out that the woman can divorce her husband in extreme circumstances such as killing his parents-in-law or breaking other important laws that would cause much social disorder. In these rare and disturbing circumstances the woman is allowed to end the ethical relationship to her husband and divorce him (Huan-Chang, 1911, p.150).
References
(Dawson M 1915 Family)Dawson, M. (1915). The Family. In The Ethics of Confucius the Sayings of the Master and His Disciples Upon the Conduct of the "Superior Man." (pp. 147-150). New York: G. P. Putnam's Sons.
(Huan-Chang C 1911 Economic Organization)Huan-Chang, C. (1911). Economic Organization. In Confucius and His School (pp. 147-151). New York: Columbia University.
