"What exactly is a concubine? Does a concubine have any rights in Jamaica? Last week I went to see the play Concubine at the Pantry Theatre and it brought up some strong, passionate discussions at the intermission. I find myself living in a similar situation, in that I may be referred to as a concubine. In light of the renewed discussion on the issue of common-law relationships and the rights of women involved in such, can you please shed some light on this topic?"

This is a most interesting topic but the practice is as old as man and it seems as if there is no end in sight. The Concise Oxford Dictionary defines a concubine as a woman who cohabits with a man without being his wife. While I have no statistics on the matter, a reasonable number of people in Jamaica, and I believe worldwide, cohabit in this way.

Another useful definition I came across is as follows: "the state of a woman or youth in an ongoing, quasi-matrimonial relationship with a man of higher social status. Typically, the man has an official wife and, in addition, one or more concubines. Concubines have limited rights of support from the man and their offspring are publicly acknowledged as the man's children, albeit of lower status than children born by the official wife or wives."

Common-law relationship

The word concubine is also of biblical significance. If you read Genesis 16 you will see where Abraham took Hagar, an Egyptian maid, as his concubine and she bore him a son called Ishmael. According to the Bible, at the time that Abraham had this sexual relationship with Hagar, he was married to Sarah. In fact, the relationship between Abraham and Hagar was encouraged by Sarah since she was unable to have a child until she was of old age and bore a child named Isaac.

It is also said that in Roman times, the word concubine was also given to a young male who was chosen by his master (not mistress) to be his bedmate.

In Jamaica, especially since the 1970s, and in recent years as well, there have been many pieces of legislation that give recognition to common-law relationships. Now more than ever, the parties in common-law relationships have rights almost similar to that of married couples, to the extent that little difference now exists between married and unmarried couples.

The real problem comes when the man is married and is also in a relationship with an unmarried woman. There is very little for the woman to get in those circumstances but a child from that union could still benefit and would be entitled to be maintained.

It might be best for women in those situations to get what they can get in their names or in joint names, as joint tenants. Since there is little protection in law, whatever is to be given should be given inter vivos, that is to say, during the lifetime of the man. Many women have developed reasonably acceptable practices to survive in these relationships. Some may even have perfected the art.

Our law is changing and it is in recognition of the realities in our society. Maybe one day the issues affecting concubines, sweethearts et cetera will be addressed by our parliamentarians, some of whom must have 'benefited' or participated in these relationships.

Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knb@bishopfullerton.com or knbishop@gmail.com