ГЛОБАЛИЗАЦИЈА КАО УЗРОК ДЕСЕКУЛАРИЗАЦИЈЕ БРАЧНОГ ПРАВА
GLOBALIZATION AS A REASON FOR DESECULARIZATION OF MARITAL LAW

Summary/Abstract: International conventions, covenants and resolutions on protection of human rights and freedoms include the prevailing standpoint that society is composed of individuals, and that each individual is an independent being in one’s own right. In the past, an individual used to be subject to different social interests and marital life was essentially based on idealistic theories of marriage. These theories considered that man and woman join in the holy matrimony to become one person, and that the aim of marriage was to reach pleroma (Greek: πλήρωμα). Regardless of their religious beliefs, all human civilisations considered marriage to be something elevated and divine. In ancient societies, man was considered to be fully free and the lord of his own life only after getting married. Today, all countries that signed the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or are State parties to the European Council, are obliged to adjust their legislation with the proclaimed principles, including the provisions on marriage and family. The definition of marriage is changing and spouses are becoming partners, cohabitants, two fluid and low-frequency sides of a whole, which is slowly being dissolved. In this way, marriage is gradually being obliterated as the foundation of family and social life, whereas the society is gradually dissolved into crowds of individuals without personality. In response to this global phenomenon, we bear witness of an absolutely unexpected process which includes recourse to retrograde law that governed marital relations hundreds years ago. Thus, some groups, whose members do not want to be individuals but members of the community, accept Sharia law, which is totally in contravention of the conventions accepted by the countries they live in. This way of defending the institute of marriage may induce some other processes in society, which are the subject matter of consideration in this paper.

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