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New Approaches to Marriage Preparation in the 1983 Code of Canon Law

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New Approaches to Marriage Preparation in the 1983 Code of Canon Law New Approaches to Marriage Preparation in the 1983 Code of Canon law. Challenges to the Particular Church in Ghana Inaugural – Dissertation zur Erlangung des Doktorgrades der katholisch-theologischen Fakultät der Universität Regensburg Vorgelegt von Peter Kwame Amevor aus Ghana Regensburg 2009 Erstgutachter: Prof. Dr. Sabine Demel Zweitgutachter: Prof. Dr. Heinz-Günther Schöttler Table of Contents Introduction…………………………………………………………………………………....4 Chapter I The marriage Institution: Anthropological and Christian synopsis……………………... 9 1. The Anthropological theories of marriage…………………………………………………. 9 1.1 The theory of promiscuity……………………………………………………………... 12 1.2 “Theory of machoism” as the probable origin of marriage……………………………. 15 1.3 Woman purchase as a mode of obtaining a wife............................................................ 18 1.4 Theory of Pair marriage….……………………………………………………………. 20 1.5 Primitive race and marriage preparation………………………………………………. 23 2. Scriptural notions of Marriage……………………………………………………………. 24 2.1 Marriage and the Old Testament………………………………………………………. 25 2.1.1 “Taken” a wife……………………………………………………………………... 25 2.1.2 Love in the patriarchal age…………………………………………………………... 28 2.1.3 Polygamy and monogamy in OT……………………………………………………. 30 2.1.4 Equality as a trademark of marriage………………………………………………… 32 2.2 Marriage and the New Testament…………………………………………………... 35 2.2.1 Jesus on marriage……………………………………………………………………. 35 2.2.2 Pauline letters and marriage…………………………………………………………. 36 3. Legalisation of the institution of marriage in the Church………………………………… 41 3.1 Gratin’s attempted definition of marriage……………………………………………... 42 3.2 Definition of marriage in the1917 code……………………………………………….. 44 4. The preliminary canon on marriage in the 1983 code…………………………………….. 47 4.1 The focus of GS in relation to the revision of 1917 code on marriage………………... 47 4.2 Covenant and contract…………………………………………………………………. 50 4.3 Why marriage is a sacrament………………………………………………………….. 54 4.4 Unity and indissolubility of marriage…………………………………………………. 58 Chapter II Customary marriage in Ghana……………………………………………………………. 61 1. The conception of marriage in Ghana…………………………………………………….. 64 1.1 Features of customary marriage……………………………………………………….. 67 1.2. Customary marriage in Fodome Traditional Area……………………………………. 81 1.3. The essence of Bride-wealth………………………………………………………….. 86 1.4 Preparation for marriage………………………………………………………………. 90 1.5 The fallacy of Rights and obligations…………………………………………………. 92 2. The implications of Polygamy and Monogamy in African marriage…………………….101 2.1 Polygamy as socio-cultural value in Africa………………………………………….. 101 2.2 Polygamy and women………………………………………………………………... 105 2.3 Monogamy…………………………………………………………………………… 110 3. SECAM overview on marriage in Africa………………………………………………...114 3.1 Personal-Communitarian character of marriage……………………………………....116 3.2 Procreation as the aim of marriage……………………………................................... .120 3.3 The dynamic Steps in African marriage…………………………………………….... 122 3.4 Preparation for marriage……………………………………………………………....124 Chapter III Analysis and Critique of marriage preparation canons (cc.1063-1072)………………..129 1. Marriage preparation canons in the 1917 code………………………………………….. 129 2. Marriage preparation in the new code of 1983………………………………………….. 133 2.1 The Revision of the 1917 canons…………………………………………………….. 133 2.2 The 1975 Schema on marriage preparation………………………………………….. 134 2.3 The Revision of the 1975 Schema……………………………...……………………. 135 2.4 Reflections on marriage preparation canons in the new code………………………... 143 2.4.1 Exposition on canons 1064-1072…………………………………………………... 144 2.4.2 The nature of canon 1063 in 1983 code……………………………………………. 157 2.4.3 Stages of marriage preparation….............................................................................. 164 3. Assessment of Discrepancies in the pastoral oriented canons (cc.1063-1065)………….. 176 4. Distinction between CIC with CCEO on marriage preparation…………………………. 182 5. Particular legislation on marriage preparation…………………………………………... 186 5.1 Marriage preparation in Germany…………………………………………………..... 187 5.2 Marriage preparation in Ghana………………………………………………………..198 Chapter IV Proposed marriage preparation policy for the diocese of Ho………………………….. 208 1. Scope and Structure of the proposed policy……………………………………………... 209 2. Marriage preparation Programme……………………………………………………..... 217 2.1 Period of preparation……………………………………………………………….… 220 2.1.1 Fireplace school (Remote preparation)…………………………………………….. 221 2.1.2 Proximate preparation……………………………………………………………... 222 2.1.3 Immediate preparation……………………………………………………………... 224 2.2 Fireside Encounter Programme (FEP)……………………………………………….. 225 2.2.1 Initial Contact……………………………………………………………………..... 227 2.2.2 Suggested Course…………………………………………………………………... 228 2.3 A shortlist of pedagogical materials for animators or marriage Team………………. 235 2.3.1 Scripture and pre-marriage preparation course…………………………………….. 236 2.3.2 Understanding of marriage as covenant in Eʋe Language.………………………… 238 2.3.3 Meaning of Love in Eʋe language….……………………………………………… 239 2.3.4 Polygamy is opposed to unity in marriage………………………………….……… 242 2.3.5 The Vocation of marriage: The forgotten gem in marital law……………………... 244 2.3.6 Women and Widowhood rites………………………………………………………247 3. The celebration of the marriage: Customary marriage and Canonical marriages……..... 248 3.1 The glamour of customary marriage…………………………………………………. 249 3.2 Benedict XVI and African Traditional marriage…………………………………….. 251 3.3 Canonical Form and customary marriage……………………………………………. 254 3.4 Proposed synchronisation of marriage celebrations in Ho Diocese…………………. 257 2 CONCLUSION…………………………………………………………………………….. 262 ABBREVIATIONS………………………………………………………………………... 273 BIBLIOGRAPHY………………………………………………………………………….. 275 1. Sources and Documents…………………………………………………………………. 275 2. Books and Articles………………………………………………………………………. 279 APPENDIX: Ghanaian Bishops conference Prenuptial Enquiry Form……………………. 298 3 INTRODUCTION It is believed that the greatest tragedy for modern humankind could not be traced through most of the scientific development of our times but the more comprehensive and fundamental problems posed by the institution of marriage and family life. Attempt to cross-check the validity of the above declaration through formal and informal conversations with stakeholders led to the conclusion that the institution of marriage and family life is in crisis and has lost its “golden days”. One may ask: Has marriage indeed lost its Golden Age? Have the meaning and purpose of marriage been really threatened? Has the meaning and the purpose of marriage been drastically corrupted? Do people in the post-modern times marry out of love or just do so as a cosmetic accreditation for social recognition in the community of people? Or, do they marry just as a legal means to achieve and have access to certain benefits from the Church and state, for instance, tax benefits and to obtain a residence permit? Indeed, we could endlessly formulate questions of these kinds; however one point is of central importance: How can the real meaning of marriage again be restored? On account of these critical questions there is the need for pastoral care to promote education and instruction as a means to rediscover the Christian and cultural values of the institution of marriage. This need also calls for collective responsibility of society, lineage and the Church towards the institution of marriage since marriage and family life are their power-line and foundation. If, however, the society and the Church fail in their responsibility, in the long run they will together, with couples, have to bear the grave consequences. In other words, marriage and family are the basis of society. Accordingly, if there is anarchy in marriage and family, it results in anarchy in the Church and Society. This makes it incumbent on the Church and the society to ensure and take adequate measures to give absolute support to young people and those preparing for marriage by instructing them in the norms and values of Christian and traditional marriage. Besides, it is important to equip and educate prospective couples with the cultural and Christian values necessary to mould their mentality in a positive direction which will in turn give expression to those crucial values of marital life. Such Christian values of marriage may include mutual love and lasting bond, unity and indissolubility, procreation and education of children granting that these will seek to make their marital lives fruitful and acceptable to the Church and the society. We do not pretend to know exactly how far the new approaches in pastoral care for marriage preparation in the 1983 code of canon law can prevent many pitfalls and sustain couples throughout life. We are however certain that when preparation for marriage is done with due diligence, it may lessen and contribute to insulating the institution of marriage from the “diabolism” of adultery, divorces and nullity of marriage, and also from polygamy. 4 The 1983 code of canon law, therefore, lays substantially more emphasis, in terms of contents in the legal provisions of the chapter on marriage preparation, on pastoral oriented preparation of prospective couples than the 1917 code did. Notwithstanding the “shift of emphasis”, sheer legal issues remain above all the pivot of celebration of marriage (Eheschließung). Thus, the reorientation of pastoral care is linked to marriage preparation. This study, therefore, examines the new approaches on
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