Canonical Aspects of Marriage

Dr (Fr) George Thanchan CMI is a senior member of the Faculty of Canonical Studies, DVK, Bangalore. He is an expert in Canon Law.

A class on matrimonial laws and their implications naturally draws close attention and questions from participants, and this class was no different. Fr George Thanchan clarified doubts and answered questions with utmost clarity. Even when there arose different opinions among the participants, Fr George composedly handled the situation and showed the class the actual teachings of the Church on marriage. At the end of the class, every participant left having been enlightened on the canonical aspects of marriage.

Christian Understanding of Marriage (Theological Aspects)

Marriage is a life-long commitment that is not to be broken. Marriage is a sacrament.

The relation between husband and wife is equal to the relation between Christ and the Church, which denotes unconditional love.

If Christians enter into marriage with this view, the marriage is indissoluble, and it is a life-long commitment.

Civil concept

A man and a woman enter into a contract with certain obligations. When these obligations are not met, the contract is broken (divorce).

Historical development

Gospels: Mt 19:3-12; Mt 5:31-32; Mk 10:2-12; Lk 16:18; 1 Cor 7: ; Eph 5:22-33

Relation between Husband and Wife = Relation between Christ and The Church = Unconditional Love

Clement of Rome, 2nd c:

God's love is manifest in marriage and that marriage is good and to be followed. Also, sexuality within marriage is good and divine; otherwise, it is evil.

St Augustine, one of the doctors of the Church: Developed the sacramentality of marriage:

Marriage is a sacrament, something through which God's grace is showered on the spouses and the family.

These ideas continued till 8th c.

Marriage is made a sacrament through the consent of the spouses.

Over centuries, marriage became a public event:

• Proposal between the families
• Public agreement (betrothal / engagement)
• Exchange of consent (became a public celebration in the church; a religious ceremony; wedding)
• Consummation (sexual union)

There were two schools of thought: (Paris) Consent and (Bologna) Consummation

Pope Alexander III ended the controversy by saying: "Marriage is made by consent. However, if it is not consummated, it will be dissolved by the pope for a grave reason."

The Council of Trent (1545-63) took the following decisions:

• Marriage is one of the seven sacraments (The number of sacraments was fixed at seven.)
• The Church's jurisdiction over marriage (The Church is competent to decide over marriage.)
• Public form of celebration (or, canonical form) (No more private marriages or secret marriages as existed earlier) (In front of a minister or priest and at least two witnesses.)

Vatican Council II (1960-65)

Marriage is primarily a partnership of spouses for the whole life, which is destined for procreation and education of children. (Before: primarily for procreation)

Thus, today, according to the Catholic Church, marriage is a life-long partnership between two persons, destined towards the procreation and education of children.

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