A Handbook of Modern Japan

by Ernest W. Clement

In Old Japan, as stated in a preceding chapter,[120] the constitution of the family was practically that of an empire, in which all other members thereof were subject to the despotic authority of the master. A Japanese woman was subject to the “three obediences”: as a maiden, to her father; as a wife, to her husband and his parents;[121] as a widow, to her oldest son, whether real or only adopted. A daughter might even be called upon, for the sake of her parents, to sacrifice her honor and enter a brothel; and she was still considered virtuous, because personal chastity was a lower virtue than filial piety.

A Japanese, like a Grecian, wife was to her husband a faithful slave, “something better than his dog, a little dearer than his horse”; she was both a drudge and a plaything, to be cast aside as capriciously as a child throws away a toy. She must tamely submit to having concubines brought, perhaps, right into the house at the will of her lord; or she herself might, under slight and flimsy pretexts, be divorced and sent back to her parents. The following “seven reasons for divorce” were laid down by a celebrated Japanese moralist: disobedience to father-in-law or mother-in-law; barrenness; lewdness; jealousy; leprosy or any like foul disease; garrulousness and prattling; stealing.

It is, therefore, a misnomer to speak of “Japanese homes” of the old régime, in the sense in which we use that little word “home” with all its depth and wealth of meaning and its associated thoughts of “love” and “sympathy.” Indeed, the word “home” cannot be perfectly translated into the Japanese language, and is generally transferred bodily with the pronunciation homu. And one of the far-reaching results of Christian mission work in Japan has been the introduction of the idea and the ideal of the Christian home.

It should, however, be constantly kept in mind that in the most ancient times women were highly esteemed, and even “used to play an important part on the political stage.” In Shintō the central object of adoration is the sun, which is worshipped as a goddess. There have been seated on the imperial throne of Japan eight empresses, one of whom is famous for her martial valor and military exploits. It was when Buddhism became powerful that Hindoo and Chinese conceptions of woman’s position moulded public opinion and thus eventually changed the manners, customs, and laws of Japan so as to relegate woman to an abnormally inferior position. As only one striking example out of many possible illustrations of the relative positions of man and woman, we note that, in the case of the death of the husband, the law prescribed mourning garments for thirteen months and abstinence from impurity for fifty days; but, in the case of the death of the wife, mourning garments for three months and abstinence for twenty days were sufficient.

Mr. Gubbins in the introduction to Part II. of his translation of the Civil Code, writes as follows:—

“The legal position of women in Japan before the commencement of modern legislative reform is well illustrated by the fact that offences came under different categories according to their commission by the wife against the husband, or by the husband against the wife, and by the curious anomaly that, while the husband stood in the first degree of relationship to his wife, the latter stood to him only in the second.[122] The disabilities under which a woman formerly labored shut her out from the exercise of almost all rights. She could not inherit or own property in her own name, she could not become the head of a family, she could not adopt, and she could not be the guardian of her child. The maxim, mulier est finis familiae, was as true in Japan as in Rome, though its observance may have been less strict, owing to the greater frequency of adoption.

“In no respect has modern progress in Japan made greater strides than in the improvement of the position of women. Though she still labors under certain disabilities, a woman can now become the head of a family and exercise authority as such; she can inherit and own property and manage it herself; she can exercise parental authority; if single, or a widow, she can adopt; she is one of the parties to adoption effected by her husband, and her consent in addition to that of her husband is necessary to the adoption of her child by another person; she can act as guardian or curator; and she has a voice in family councils.”[123]

Moreover, although it is true that for the performance of certain acts (Art. 14) a wife must obtain her husband’s permission, and that a wife’s acts may be annulled by her husband (Art. 120), yet it is explicitly stated that “a wife who has been permitted to engage in one or more businesses possesses in regard thereto the capacity of an independent person.”

But let us look a little more particularly into the provisions relating to marriage, divorce, etc. The marriageable age is 17 full years for men and 15 full years for women. Marriage takes effect when notice of the fact is given to a registrar, by both parties with two witnesses. From this it will appear that the ceremony is a “purely social function, having no connection whatsoever with law beyond the somewhat remote contingency of its being adducible as evidence of a marriage having taken place.” And here is where some Japanese Christians make an unfortunate and sometimes serious mistake, in thinking that the ceremony by a minister of the gospel is sufficient and registration is a matter of convenience. Without registration a marriage is not legal.

The right of marriage is not free, except to the head of a family.[124] All other persons, whatever their ages, can marry only with the consent of the head of his or her family. Men under 30 and women under 25 cannot marry without the consent of the parents; and minors in some cases must obtain the consent of the guardian or even of a family council.