Religion and divorce
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The relationship between religion and divorce is complicated and varied. Different religions have different perceptions of divorce. Some religions accept divorce as a fact of life, while others only believe it is right under certain circumstances like adultery. Also, some religions allow remarriage after divorce, and others believe it is inherently wrong. This article attempts to summarize these viewpoints of major world religions and some important traditions regarding divorce in each faith.


Christianity

The great majority of Christian denominations affirm that marriage is intended as a lifelong covenant, but vary in their response to its dissolubility through divorce. The
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
treats all
consummate In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply ''consummation'', is the first (or first officially credited) act of sexual intercourse between two people, following their marriage to ...
d
sacramental A sacramental in Christianity is a material object or action (in Latin ''sacramentalia'') ritually blessed by a priest to signal its association with the sacraments and so to incite reverence during acts of worship. They are recognised by the Cat ...
marriages as permanent during the life of the spouses, and therefore does not allow remarriage after a divorce if the other spouse still lives and the marriage has not been
annulled Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost ...
. However, divorced Catholics are still welcome to participate fully in the life of the church so long as they have not remarried against church law, and the Catholic Church generally requires civil divorce or annulment procedures to have been completed before it will consider annulment cases. Annulment is not the same as divorce - it is a declaration that the marriage was never valid to begin with.''Divorce in Christianity'' a
www.bbc.co.uk
retrieved 17 Aug 2015.
In order for a Catholic marriage to be considered valid - and therefore confirmed as a lifelong covenant and not subject to an annulment - there are some grounds that have to be met. Among these grounds are certainty that the espoused entered into sacramental marriage freely and with knowledgable consent of the union. Couples who wish to gain a better understanding of the legitimacy of their marriage are often encouraged to seek counsel within their parish or diocese. Other Christian denominations, including the
Eastern Orthodox Church The Eastern Orthodox Church, also called the Orthodox Church, is the second-largest Christian church, with approximately 220 million baptized members. It operates as a communion of autocephalous churches, each governed by its bishops vi ...
and many
Protestant Protestantism is a branch of Christianity that follows the theological tenets of the Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century against what its followers perceived to b ...
churches, will allow both divorce and remarriage even with a surviving former spouse, at least under certain conditions. For example, the
Allegheny Wesleyan Methodist Connection The Allegheny Wesleyan Methodist Connection (AWMC), originally the Wesleyan Methodist Church (Allegheny Conference), and also known as the Wesleyan Methodist Church (WMC), is a Methodist denomination within the conservative holiness movement prim ...
, in its 2014 Discipline, teaches: In societies that practised
Puritan The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become more Protestant. ...
ism, divorce was allowed if one partner in the marriage was not completely satisfied with the other, and remarriage was also allowed. The
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britai ...
also took an indissolublist line until 2002, when it agreed to allow a divorced person to remarry in church during a former spouse's lifetime under "exceptional circumstances." Bible commentary on divorce comes primarily from the gospels of Matthew, Mark, Luke, and the epistles of Paul. Jesus taught on the subject of divorce in three of the Gospels, and Paul gives a rather extensive treatment of the subject in his First Epistle to the Corinthians chapter 7: "Let not the wife depart from her husband...let not the husband put away his wife" (1 Corinthians 7:10-11), but he also includes the
Pauline privilege The Pauline privilege ( la, privilegium Paulinum) is the allowance by the Roman Catholic Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. The Pauline privilege is drawn from the apostle Paul' ...
. He again alludes to his position on divorce in his Epistle to the Romans, albeit an allegory, when he states "For the woman which hath an husband is bound by the law to her husband so long as he liveth. . . . So then if, while her husband liveth, she be married to another man, she shall be called an adulteress" (Romans 7:2-3). In , and , Jesus came into conflict with the Pharisees over divorce concerning their well-known controversy between Hillel and
Shammai Shammai (50 BCE – 30 CE, he, שַׁמַּאי, ''Šammaʾy'') was a Jewish scholar of the 1st century, and an important figure in Judaism's core work of rabbinic literature, the Mishnah. Shammai was the most eminent contemporary of Hill ...
about —as evidenced in Nashim Gittin 9:10 of the
Mishnah The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Tor ...
. Do Jesus’ answers to the Pharisees also pertain to Christians? Are Christians who adopt these teachings
Judaizers The Judaizers were a faction of the Jewish Christians, both of Jewish and non-Jewish origins, who regarded the Levitical laws of the Old Testament as still binding on all Christians. They tried to enforce Jewish circumcision upon the Gentile c ...
? The differences in opinions about these questions usually arise over whether Jesus opposed the Law of Moses or just some of the viewpoints of the Pharisees, and whether Jesus just addressed a Jewish audience or expanded his audience to include Christians, for example "all nations" as in the
Great Commission In Christianity, the Great Commission is the instruction of the resurrected Jesus Christ to his disciples to spread the gospel to all the nations of the world. The Great Commission is outlined in Matthew 28:16– 20, where on a mountain ...
. Since Deuteronomy 24:1-4 did not give Jewish women the right to directly initiate a divorce (See '' Agunah''), did Jesus' answers "in the house" to his disciples expand the rights of women or did they merely acknowledge that some Jewish women, such as Herodias who divorced Herod Boethus, were wrongfully taking rights because Jewish women were being assimilated by other cultures? (See , .) In other words, did Jesus confine his remarks to the Pharisaical questions, and did he appeal to his own authority by refuting the oral authority of the Pharisees with the formula "You have heard...But I say to you" in ? Expressions used by Jesus such as "you have heard", "it hath been said", "it is written", "have you never read", "keep the commandments", "why do you break the commandments with your traditions?" and "what did Moses Command you?" seem to indicate that Jesus generally respected the
Hebrew Bible The Hebrew Bible or Tanakh (;"Tanach"
'' Pharisaical Opinions. He was critical of the Pharisees.


Buddhism

Buddhism has no religious concept of marriage (see
Buddhist view of marriage The Buddhist view of marriage considers marriage a secular affair and as such, it is not considered a sacrament. Buddhists are expected to follow the civil laws regarding marriage laid out by their respective governments. While the ceremony itse ...
). In Buddhism, marriage is a secular affair, subject to local customs.


Islam

According to the Quran, marriage is intended to be unbounded in time, but when marital harmony cannot be attained, the Quran allows the spouses to bring the marriage to an end (2:231). Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' (repudiation), ''khulʿ'' (mutual divorce), judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied according to time and place. Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, and they differed depending on the legal school. Historical practice sometimes diverged from legal theory. In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state.


Judaism

Judaism Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in t ...
has always accepted divorce as a fact of life, though an unfortunate one. Judaism generally maintains that it is better for a couple to divorce than to remain together in a state of bitterness and strife. It is said that '' shalom bayit'' (domestic harmony) is a desirable state.


Legal procedures

In general, it is accepted that for a Jewish divorce to be effective the husband must hand to the wife, and not vice versa, a bill of divorce called a '' get'', while witnesses observe. Although the ''get'' is mainly used as proof of the divorce, sometimes the wife will tear the ''get'' to signal the end of the marriage and to ensure it is not reused. However, from ancient times, the ''get'' was considered to be very important to show all those who needed to have proof that the woman was in fact free from the previous marriage and free to remarry. In Jewish law, besides other things, the consequences of a woman remarrying and having a child while still legally married to another is profound: the child would be a ''
mamzer In the Hebrew Bible and Jewish religious law, a ''mamzer'' ( he, ממזר, , "estranged person"; plural ''mamzerim'') is a person who is born as the result of certain forbidden relationships or incest (as it is defined by the Bible), or the de ...
'', an "estranged person" to be avoided. Also, the woman would be committing
adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
should she remarry while still legally married to another. An enactment called '' Herem de-Rabbenu Gershom'' (the proscription of
Gershom ben Judah Gershom ben Judah, (c. 960 -1040) best known as Rabbeinu Gershom ( he, רבנו גרשום, "Our teacher Gershom") and also commonly known to scholars of Judaism by the title ''Rabbeinu Gershom Me'Or Hagolah'' ("Our teacher Gershom the light of the ...
, accepted universally throughout European Jewish communities), prohibited a husband from divorcing his wife against her will. In ''
halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...
'' (Jewish law), divorce is an act of the parties to the marriage, which is different from the approach adopted by many other legal systems. That is, a Jewish divorce does not require a decree from a court. The function of the court, in the absence of agreement between the parties, is to decide whether the husband should be compelled to give the ''get'' or for the wife to accept the ''get''. But, notwithstanding any such ruling, the parties remain married until such time as the husband actually delivers the ''get''. Jewish law, in effect, does not require proof or even an allegation of moral or other fault by either party. If both parties agree to a divorce and follow the prescribed procedure, then the court would not need to establish responsibility for the marriage break-down. In this sense it is a "no-fault" approach to divorce. A woman who has been refused a ''get'' is typically referred to as an " agunah". Where pre-nuptial agreements are enforceable in civil courts, appropriate provisions may be made to compel the giving of the ''get'' by the husband in the event of a civil divorce being obtained. However, this approach has not been accepted universally, particularly by the Orthodox. A wife can initiate a divorce process on several grounds (including lack of satisfaction in her sexual life). However, this right extends only so far as petitioning a court to force her husband to divorce her. One part of the complex process of divorce in Judaism, is the creation of the ''get'' itself. The ''get'' is crafted with great care and responsibility in order to ensure that no mistakes create consequences in the future. For example, exactly twelve lines are written in permanent ink telling the names of both parties, place, and time of the divorce.Hoffman, Lawrence A. “The Jewish Wedding Ceremony.” Life Cycles in Jewish and Christian Worship, University of Notre Dame Press, 1996, pp. 129–153. Because of the danger of the birth of ''mamzerim'' if the process is not performed properly, and because divorce law is extraordinarily complex, the process is generally supervised by experts.


Philosophical approaches

From the philosophical and mystical point of view, divorce is a unique procedure of tremendous importance and complexity, because it nullifies the holiest of connections that can exist in the Universe (similar to a connection between a person and God). In some Jewish mythologies, Adam had a wife before Eve named
Lilith Lilith ( ; he, לִילִית, Līlīṯ) is a female figure in Mesopotamian and Judaic mythology, alternatively the first wife of Adam and supposedly the primordial she-demon. Lilith is cited as having been "banished" from the Garden of Ed ...
who left him. The earliest historically documentation of this legend appears in the 8th-10th centuries '' Alphabet of Ben Sira''. Whether this particular tradition is older is not known.


Others


Wicca

The
Wicca Wicca () is a modern Pagan religion. Scholars of religion categorise it as both a new religious movement and as part of the occultist stream of Western esotericism. It was developed in England during the first half of the 20th century and w ...
n equivalent of a divorce is described as a ''handparting''. Wiccans traditionally see either a high priest or high priestess to discuss things out before a divorce. However a handfasting (marriage) that falls apart peacefully does not necessarily need a handparting.


Unitarian Universalism

In
Unitarian Universalism Unitarian Universalism (UU) is a liberal religion characterized by a "free and responsible search for truth and meaning". Unitarian Universalists assert no creed, but instead are unified by their shared search for spiritual growth, guided by ...
, because they affirm the "right of conscience", divorce is allowed and should be a decision by the individual person and is seen as ending a rite of passage. Such divorces have sometimes taken the form of divorce rituals as far back as the 1960s. Divorces are largely seen as a life choice.


Hinduism

In Hinduism Divorce and Remarriage is allowed. Arthashastra which is one of the sastras in Hinduism says: A woman, hating her husband, can not dissolve her marriage with him against his will. Nor can a man dissolve his marriage with his wife against her will. But from mutual enmity, divorce may be obtained (parasparam dveshánmokshah). If a man, apprehending danger from his wife desires divorce (mokshamichhet), he shall return to her whatever she was given (on the occasion of her marriage). If a woman, under the apprehension of danger from her husband, desires divorce, she shall forfeit her claim to her propertyPage 224 https://csboa.com/eBooks/Arthashastra_of_Chanakya_-_English.pdf


References

http://www.bibleissues.org, https://web.archive.org/web/20091027092358/http://geocities.com/dcheddie/divorce1.html, http://students.eng.fiu.edu/~denver/divorce1.html


Further reading

* Amato, Paul R. and Alan Booth. ''A Generation at Risk: Growing Up in an Era of Family Upheaval.'' Harvard University Press, 1997. and . Reviews and information a

* Gallagher, Maggie. "The Abolition of Marriage." Regnery Publishing, 1996. . * Lester, David. "Time-Series Versus Regional Correlates of Rates of Personal Violence." ''Death Studies'' 1993: 529–534. * McLanahan, Sara and Gary Sandefur. ''Growing Up with a Single Parent; What Hurts, What Helps''. Cambridge: Harvard University Press, 1994: 82. * Morowitz, Harold J. "Hiding in the Hammond Report." ''Hospital Practice'' August 1975; 39. * Office for National Statistics (UK). Mortality Statistics: Childhood, Infant and Perinatal, Review of the Registrar General on Deaths in England and Wales, 2000, Series DH3 33, 2002. * U.S. Bureau of the Census. Marriage and Divorce. General US survey information

* U.S. Department of Health and Human Services. Survey of Divorc

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Divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...