Dissolution of Marriage According to Canon Law

MSc. Sulejman Ahmedi

Abstract


In the Canon law, dissolution of marriage is not allowed since it was considered sacred and as such cannot break until the two spouses are alive, except only if one of the spouses passes away. But throughout history we find cases when allowed dissolution of the marriage and causes specific conditions set by the church. Thus, according to the Old Testament, if, a man married to a woman, didn’t like something about his wife, should write a request for divorce and allow her to leave his home. Meanwhile according to the New Testament records, divorce is prohibited. Although most Protestants continue to espouse the view that marriage was sacred and as such should not be divorced, from those who had supported the idea of granting the divorce. One of them was Luther, who in his remarks before his preachers said: "In my opinion, the issue of divorce belongs to the law, are not they to whom called for regulation of parental relationships, why not have they the authority to regulate the relations between spouses". Protestant churches allow the dissolution of marriage:

a) Because of adultery by the wife; allowed by Jesus,

b) Unjustified abandonment of the marital community;

c) If there were other reasons: if one spouse refuses to have sexual marriage, if the husband abuses his wife     repeatedly and without cause, severe illness of one spouse.


Keywords


Canon law; Divorce; Old Testament; New Testament; Catholic Church;

References


Podvorica H., E drejta familjare, Universiteti Iliria, Prishtinë 2006.

Topollogllu B , Gruaja në islam, Logos-a, Shkup 1995.

Raleviq S., Brak i Razvod, Dobra vest, Novi sad 199.

Glendon M. A., The transformations of Family-State, Law and Family in the United State and Western Europe, The University of Chicago Press, Chicago and London 1989.

Mladenoviq M., Razvod Braka I uzroci za razvod braka A, Shtëpia botuese "Rad", Beograd 1974.

Paoline privilege can.1143-canonical Code 1147

Petrine privilege can.1142-1148


Full Text: PDF

DOI: 10.21113/iir.v3i2.126

Article Metrics

Metrics Loading ...

Metrics powered by PLOS ALM

Refbacks

  • There are currently no refbacks.




Copyright (c) 2016 MSc. Sulejman Ahmedi

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
x
Message