Małżeństwa katolicko-muzułmańskie w praktyce administracyjnej i sądowej Archidiecezji Lubelskiej w latach 1984-2004
Catholic-Muslim Marriage in Administrative and Judicial Practice of the Archdiocese of Lublin Between 1984-2004
Author(s): Grzegorz BzdyrakSubject(s): Law, Constitution, Jurisprudence
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: marriage; Islam; nullity; case; małżeństwo; islam; nieważność; proces
Summary/Abstract: Between1984 and 2000, 62 marriages were concluded between Catholics and Muslims in the area of the Lublin Archdiocese. Prior to the act, the nuptrients met a Catholic pastor who would point to difficulties of such marriage. If they persisted in their resolution, the priest did pre-marital research to determine any other obstacles. Then he dealt with formalities connected with a dispensation required for a difference of religion. He attached a statement and pledge by the Catholic party of his or her readiness to withstand the risk of losing faith, to observe religious duties, and that their offspring would be baptised and raised in the Catholic Church. Attached also was a declaration of the non-Catholic party that he or she had been informed of the pledge of the Catholic party. The nuptrients would sign these pledges and declarations, but later on it frequently turned out that the non-Catholic party did not attach any significance to them, or even would not respect them – a fact easily ascertained by reading the files of cases for the nullity of marriage. In the discussed period, four such marriages were appealed to the Lublin Metropolitan Tribunal on the grounds of religion since the Muslim party impeded the Catholic party in the practice of religious duties. The greatest problem, however, was the fact Muslims deny the unity and indissolubility of wedlock, since they believe that it is sufficient to utter a short divorce formula for terminate marriage. Apart from polygamy and divorce practices, culture-based conflicts would arise. Muslim husbands took women to be their slaves, not spouses. They also attempted to convert their Catholic spouses to Islam, even by force. Those Muslim defendants did not appear in court. They would return to their home countries, hiding their place of residence, or the Catholic party fled Arab countries, fearing to maintain contact with their spouses.
Journal: Roczniki Nauk Prawnych
- Issue Year: 23/2013
- Issue No: 2
- Page Range: 121-139
- Page Count: 19
- Language: Polish