中文摘要 |
言及漢族已婚婦女的姓氏,立即令人想到「冠夫姓」的習俗。雖難以釐清其起源,但可確知早在東漢時代就有此習俗。多數學者認為,其目的在於作為「同姓不婚,異姓不養」之識別標誌。本文對此持不同的看法,首先探究「同姓不婚」與「冠夫姓」的原貌,並將重點放在二者之關連的探討。
簡言之,事實顯示,由於漢族不斷地與異族融合,加上姓氏的起源複雜,且半數以上的華人集中於二十多個姓氏,導致歷來「同姓婚」屢見不鮮,並非嚴厲的禁忌。再就「冠夫姓」與「同姓不婚」的關連而言,婦女維持本姓即具有識別身份之效果,「冠夫姓」以避免「同姓婚」乃屬多餘。且歷來已婚婦女的稱呼多種多樣並不一致,直至晚近「冠夫姓」藉中華民國「民律草案」之訂定始脫離習俗之範疇,成為具有約束力之法條。
When a family name of a Han married woman is referred, what occurred to the people's mind is the traditional custom,“adoption of a husband's family name”. Though difficult to trace its origin, this custom is believed to have its existence since Eastern Han dynasty. Many scholars hold the view that the purpose of such custom is to serve as the mark for the practice“ no marriage between people carrying common family name, no support to the people with different family name”. This research takes different view and attempts to explore the original essence of the two customs with emphasis on their connection.
Briefly, the fact shows that marriage between people carrying the common family name is certainly no taboo but quite a common practice. This is because the inter-racial marriages between Han race and other tribes is incessant, the origin of the Han family names is complicated and no more than thirty different family names are carried by half of the Chinese population. Doubt is cast on the connection between the practice“ adoption of husband's family name”and that of“no common family name marriage”. To keep the married woman's maiden name is surely enough to distinguish their identity. To adopt the husband's name to avoid common family name marriage is a redundant practice. Moreover, there had been various and inconsistent form to address married women throughout history until the recent incorporation of the custom“adoption of husband's name”into the draft of the civil code of the Republic of China. Since then, the custom was given legal effect under our law. |