POLYGAMY IN SUB-SAHARAN AFRICA AND THE MUNUS DOCENDI: CANONICAL STRUCTURES IN SUPPORT OF CHURCH DOCTRINE AND EVANGELIZATION Prosper B. LYIMO Thesis submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in partial fulfillment of the requirements for the degree of Doctor of Canon Law Faculty of Canon Law Saint Paul University © Prosper B. LYIMO, Ottawa, Canada, 2011 ABSTRACT The practice of polygamy poses some challenging canonical and pastoral problems for the Christian churches in sub-Saharan Africa. This work explores these problems from the perspective of Roman Catholic canon law in light of traditional African cultural values and Roman Catholic theology. It develops some strategies for evangelization and catechesis which are consistent with the Catholic Church’s teaching and which support the pastoral care of people living in polygamous societies. In the first of four chapters, the thesis considers various cultural aspects of polygamy in sub-Saharan Africa: its practice, prevalence, effects on Christian marriage and family life, civil law considerations, and related questions such as the rights of women and children in polygamous unions. The second chapter surveys the principal aspects of the Church’s teachings on marriage and polygamy, teachings that are rooted in Scripture and the great Tradition as consistently taught by councils, popes, and most Catholic theologians and canonists. The third chapter treats various canonical norms related to marital unity in general and to polygamous marriages in particular. The fourth and final chapter focuses on canonical and pastoral approaches to evangelization in polygamous societies today that conform to the requirements of the Catholic faith and its canon law. In particular, it explores how existing canonical structures in both the universal law and in the laws and customs of local African churches may be utilized in the service of the doctrine of the Church on marital unity and its mission of evangelization. TABLE OF CONTENTS TABLE OF CONTENTS i ACKNOWLEDGEMENTS iv ABBREVIATIONS v GENERAL INTRODUCTION 1 CHAPTER ONE: CULTURAL CONSIDERATIONS ON POLYGAMY IN SUB- SAHARAN AFRICA Introduction 9 1.1 – Cultural Roots of Polygamy as Practiced in sub-Saharan African Societies 10 1.1.1 – Prevalence of polygamy in sub-Saharan African societies 10 1.1.2 – The origins of the practice of polygamy 14 1.1.3 – Polygamy and the culture of people 18 1.1.3.1 – Polygamy as a form of marriage 18 1.1.3.2 – The meaning of culture 21 1.1.3.3 – The role of culture 23 1.1.4 – Lifestyle of polygamists and their cultural world view 24 1.1.5 – Polygamy and customary marriages 29 1.1.6 – Important stages in sub-Saharan African customary marriages 33 1.1.6.1 – Sex education 34 1.1.6.2 – Courtship and information 34 1.1.6.3 – Exchange of gifts 35 1.1.6.4 – The celebration of the customary marriages 35 1.2 – Effects of Polygamy on Marriage and Family Life 41 1.2.1 – Positive effects of polygamy 42 1.2.1.1 – Economic “advantages” of having many wives 44 1.2.1.2 – Social “advantages” 45 1.2.2 – Negative effects 48 1.2.3 – Obstacles to conversion to Christianity 51 1.3 – Civil Law on Polygamy 53 1.3.1 – Status of religious freedom 54 1.3.2 – Government policies on polygamy 55 Conclusion 58 i ii CHAPTER TWO: CHURCH TEACHINGS ON MARRIAGE AND POLYGAMY Introduction 60 2.1 – The Divine Origin and Nature of Marriage 61 2.2 – The Ends of Marriage 67 2.3 – Sacramental Marriage 74 2.4 – The Essential Elements and Properties of Marriage 87 2.4.1 – Unity 89 2.4.2 – Indissolubility 94 2.5 – Church Teaching on Polygamy 100 2.5.1 – Scripture 100 2.5.2 – Lyons II and Trent 103 2.5.2.1 – Lyons II 104 2.5.2.2 – Trent 106 2.5.3 – Recent conciliar and papal teachings 111 2.6 – Can Church Teaching on Polygamy be Pastorally Accommodated? 114 Conclusion 119 CHAPTER THREE: MARITAL UNITY AND POLYGAMY IN CANON LAW Introduction 121 3.1 – The Pauline Privilege 123 3.1.1 – Essential elements of the privilege 123 3.1.2 – The Pauline privilege in the current law 127 3.2 – Dissolution of Marriage in Special Cases 130 3.2.1 – The Decretals of Gregory IX 131 3.2.2 – Three sixteenth-century papal constitutions 134 3.2.2.1 – The constitution Altitudo 136 3.2.2.2 – The constitution Romani Pontificis 137 3.2.2.3 – The constitution Populis ac nationibus 140 3.2.3 – Canon 1125 of the 1917 Code 147 3.2.4 – Canon 1148 150 3.2.5 – Canon 1149 157 3.3 – Dissolution of the Bond in Favour of the Faith 160 3.4 – Presumption in Favour of the Faith 167 3.4.1 – The principle of c. 1150 168 3.4.2 – The use of the privilege of the faith 170 3.5 – Invalidity of Marriage Due to the Exclusion of Unity/Fidelity 172 3.5.1 – Canons 1101 and 1099 173 3.5.1.1 – Canon 1101 173 1.5.1.2 – Canon 1099 176 3.5.2 – Exclusion of unity/fidelity 177 3.5.3 – Commitment to marital fidelity 181 3.5.4 – Canonical applications 182 Conclusion 186 iii CHAPTER FOUR: EVANGELIZATION IN A POLYGAMOUS SOCIETY CANONICAL AND PASTORAL APPROACHES Introduction 189 4.1 – Concept of Evangelization 191 4.2 – Inculturation and the Evangelization of Cultures 194 4.2.1 – Meaning of inculturation 194 4.2.2 – The stages of the inculturation process 196 4.2.3 – The Gospel in the very heart of polygamous families 196 4.2.4 – The evangelization of cultures 199 4.2.4.1 – The incarnation of the evangelical message in the polygamous cultures 201 4.2.4.2 – The purification of the cultural traditions 203 4.2.4.3 – Discernment of the positive elements from the negative elements 204 4.2.4.4 – Use of precious cultural gifts 205 4.3 – Evangelization in Polygamous Societies 207 4.3.1 – Preparatory Phase 208 4.3.2 – Primary/First evangelization 210 4.3.3 – Precatechumenate 212 4.3.4 – Catechumenate 213 4.3.5 – Ongoing Christian formation 221 4.4 – Communicating the Good News 222 4.4.1 – Canonical structures fostering united pastoral action 223 4.4.1.1 – Diocesan pastoral council 224 4.4.1.2 – Priests’ meetings 226 4.4.2 – Small Christian communities 228 4.4.3 – Social communication systems 231 4.4.4 – Dialogue 234 4.5 – Diocesan Pastoral Plan 239 4.5.1 – The apostolate of evangelization 239 4.5.2 – Catechetical instruction 245 4.6 – The Apostolate of Women 250 4.6.1 – Opposing the oppression of women 250 4.6.1.1 – Dignity and rights of African women in the family 253 4.6.1.2 – The special needs of girls 255 4.6.2 – Education for development and self-reliance 256 4.7 – Justice and Peace 258 4.7.1 – Commitment to justice and peace 259 4.7.2 – Committee of justice and peace 261 Conclusion 262 GENERAL CONCLUSIONS 264 SELECTED BIBLIOGRAPHY 273 ACKNOWLEDGEMENTS First of all, I thank our Almighty God with all my heart for the gift of life and for the many blessings, graces and mercies He has given to me through the merits of Jesus Christ. Eternal his merciful love. I have the honour to express my heartfelt gratitude to my Archbishop, the Most Rev. Josaphat Louis LEBULU for the opportunity he gave me first to pursue licentiate studies in canon law in the Urbaniana University, Rome, and then doctoral studies at Saint Paul University, Ottawa. I acknowledge very sincerely his continual financial, moral, spiritual support and encouragement. I am most grateful for my supervisor, Prof. John M. Huels, who guided me from the beginning of my thesis up to the end. I thank him very sincerely for his encouragement, material and moral support, tireless efforts and motivation, intelligent guidance, professional assistance, expertise, helpful suggestions, methodology and constructive corrections that gave this work a proper form and shape. My sincere and heartfelt gratitude also go to the former Dean Prof. Roland Jacques, the present Dean Prof. Anne Asselin, Assistant Dean Prof. Wojciech Kowal, Prof. Augustine Mendonça, all professors of the faculty and the administrative assistant of the Faculty of Canon Law, Beverly Kavanaugh for their kind cooperation, valuable suggestions, advice, encouragement, friendly approach, material and moral support during my studies at Saint Paul University. I would like to express my deepest gratitude to the Faculty of Canon Law Oblate Scholarship Bursary Fund and all others who have offered me the financial assistance for my doctoral studies at Saint Paul University. I owe an immense debt of gratitude to my family members and friends for their prayers, support and encouragement. Finally, I extend a word of thanks to the library staff and to each and everyone who assisted me in various ways either directly or indirectly in my studies. I am sincerely grateful and thankful. God bless you all! iv ABBREVIATIONS AA SECOND VATICAN COUNCIL, Decree Apostolicam actuositatem AAS Acta Apostolica Sedis AG SECOND VATICAN COUNCIL, Decree Ad gentes AMECEA Association of Member Episcopal Conferences in Eastern Africa ANA The Apostolate to the Nomads within AMECEA c. canon cc. canons CCEO Codex canonum Ecclesiarum orientalium CCLA CAPARROS, E. et al. (eds.), Code of Canon Law Annotated CD SECOND VATICAN COUNCIL, declaration Christus dominus CDF Congregation for the Doctrine of the Faith CIC/17 Codex iuris canonici, Pii X Pontificis Maximi iussu digestus CIC Codex iuris canonici, auctoritate Ioannis Pauli PP. II promulgates CLD Canon Law Digest CLSA Canon Law Society of America CLSA Comm1 CORIDEN, J., T.J.