Polygamy - Chijioke

Polygamy and the Pastoral Care for People in Polygamous Marriages in Africa

Chijioke Azuawusiefe, Hekima Review, 42, May 2010, pp. 46-52 (Part of the Article).


Canon 1148: Antecedents and Meaning

Canon §1148 reads thus:
§1 When an unbaptised man who simultaneously has a number of unbaptised wives, has received baptism in the Catholic Church, if it would be hardship for him to remain with the first of the wives, he may retain one of them, having dismissed the others. The same applies to an unbaptised woman who simultaneously has a number of husbands.

§2 In the cases mentioned in §1, when baptism has been received, the marriage is to be contracted in the legal form, with due observance, if need be, of the provisions concerning mixed marriages and of other provisions of law.

§3 In the light of the moral, social and economic circumstances of place and person, the local Ordinary is to ensure that adequate provision is made, in accordance with the norms of justice, Christian charity and natural equity, for the needs of the first wife and of the others who have been dismissed."

According to Ladislas Orsy, Canon §1148 §1 "is a summary and adapted version of some rules, contained in two papal documents, enacted in the sixteenth century for 'missionary' countries, governing the transition of a polygamous man, converted to the faith, to a monogamous marriage."19

In 1537, Pope Paul III issued his Constitution Altitudo wherein he decreed that: [T]hose who before their conversion had, according to their customs, several wives and are unable to recall whom they married first, shall on their conversion take from among them the one whom they wish, and contract marriage with her ... Those, however, who do remember whom they married first, shall retain her and dismiss the others ... 20

From the missionaries' reports, this decree caused extensive problems in that some of the converts claimed they could not remember who their first wife was. No one was sure whether they were honest in this or not; yet, the validity of marriage depended on their sincerity. In order to primarily avoid such problems of conscience, Rome issued another document. 21

Pope Pius V in his 1571 Constitution Romani Pontificis ruled: "both baptized and those to be baptized may remain with the wife who has been or will be baptized with them."12 In other words, a polygamous convert, when baptized, may keep as his wife anyone of the several, provided that she, too, received the sacrament of baptism.1.1

Orsy notes that the "theological and canonical assumption of both Constitutions was that a valid natural bond existed between the man and his first wife, therefore he. needed a dispensation from that bond in 'order to marry another woman. "14 It is worth noting here that the dispensation was granted by law, requiring neither any formality for its application nor any recourse to the Pope or to the Ordinary. A legitimate extension of the traditional Pauline privilege was implied in such a ruling. Pauline privilege refers to the "Church's teaching and practice of recognizing the dissolution of certain marriages contracted by two non-baptized persons, after the conversion of one of the parties, with the right to marry again."2) This is based on the words of St. Paul 10 1 Cor 7:12-15. In the past, Pauline privilege cases were said to be granted "in favour of the faith." Today, the expression, "in favour of the faith" is used for the dissolution of other non-ratified or non-sacramental marriages.26

The 1983 code, with regards to Canon §1148 §1, applies in the cases of simultaneous polygamy and polyandry. Its application does not include cases of a person with several wives or husbands through successive marriages and divorces. No dispensation is needed as long as the conditions described in the canon are verified. "The ordinary or the parish priest should simply check the facts and ascertain that the person or persons involved are entitled to the privilege, hence free to marry."27

With regards to §2 and §3 of Canon §1148, Orsy notes that the former stipulates no more than what is the norm anyway, highlighting that the marriage with the preferred partner must conform to the canonical form, with any needed dispensation or permission being obtained in the usual way. §3, on the other hand, is an exhortation, but it does not imply that it binds less than the legal rules. After all, practically speaking, the local ordinary is the most suitable person to decide what should be permissible28

Implications of Canon 1148 on Polygamy
The Church teaches that when a polygamous man is baptized in the Catholic Church, he may retain one of his unbaptised wives, "having dismissed the others."29 True, it acknowledges the "predicament of a man who, desiring to convert to the Gospel, is obliged to repudiate one or more wives with whom he has shared years of conjugal life ... " and states that tl1e Christian "who has previously lived in polygamy has a grave duty in justice to honour the obligations contracted in regard to his former wives and his children."3o Yet, this admission notwithstanding, one observes that the Church comes across in Canon §1148 §1 as a compassionless arbitrator whose only concern is its baptized members.

Besides one notices the Church's use of the term "dismissed," as against "divorced" It appears the Church consciously opts for "dismissed" for technical, juridical purposes. But one wonders if there is any real difference in the practical applications of the two terms. Again, one of the conditions for applying the Pauline privilege in this case was that the marriage to be dissolved "must have been validly contracted in paganism. 31 This then raises the question, "Why uncharitably dissolve a validly contracted marriage

I8 Canon Law, no. 1148.
19 Ladislas Orsy, Marriage ill Canon Law: Texts and Comments, Reflections and Questions (Dublin & Leominster: Dominican Publications'" Fowler Wright Books, 1988), 224.
20 Quoted in Peter M. Kanyadago, Evangelizing Polygamous Families: Canonical and African Approaches (Eldoret: AMECEA Gaba Publications Spearhead ]]6-]]8, 199]), 101-02.
21 Orsy, 224
22 Quoted in Kanyadago, 105.
23 Orsy, 224.
24 Ibid.
25 William H. Woestman, Special Marriage Cases: Non-Consummation, Pauline Privilege, Favour of Faith, Separation of Spouses, Validation - Sanation, Presumed Death, fifth edition (Bangalore: Theological Publications in India, 2005), 33.
26 Ibid.
27 Orsy, 225.
28 Orsy, 225-226
29 Canon Law, no. 1148 §I
30 Catechism no. 2387; cf. Canon Law no. 1148 §3; emphasis added.
31 Peter M. Kanyadago, Evangelizing Polygamous Families: Canonical and African Approaches (Eldoret: AMECEA Gaba Publications Spearhead 116-118, 1991), 14.



(having a valid natural bond) in one setting in order to justify the contracting of a subsequent marriage (involving one of the parties of the first marriage) in another setting?" Furthermore, when the Church asks a converted polygamist, after he has "dismissed" his other wives, to "honour the obligations contracted in regard to his former wives and his children," one is forced to ask, "Who is he going to honour these obligations - as a husband, a father, a benefactor or as what?"

Such teachings that prevail on polygamists to "dismiss" their lawfully wedded wives violate Christ's injunction on divorce.32 Even God himself hates divorce.33 And when the Church denies baptism to those who refuse to comply with such teachings, it excludes bona fide polygamists from the sacraments and runs foul of Christ's command to his disciples to make disciples of all nations.34 Moreover, such positions hardly change people’s hearts genuinely. It breaks up households, causes hardship and does injustice to the wives (and their children) who are sent away. If one should draw an analogy here, the Latin Church does not ask married priests who convened to Catholicism from the Anglican Communion to "dismiss" their wives, and children, before being accepted to exercise their duties as ordained ministers of the sacrament in the Church. If anything, it exempts these priests even when Canon §1041 §3 excludes any "one who has attempted marriage" from those qualified to receive orders.

As some authors have pointed out, both monogamy and polygamy are manifestations of the reality of marriage as ordained by God, only that in monogamy this reality appears within a more intense relationship. Polygamy is nowhere explicitly condemned in the Old or New Testament. "Marriage theology has developed largely as a result of experience, and theologians have appealed to the Bible out of this experience."3; Gaskiyane believes that the present canonical and theological principles on Christian marriage are products of the European church experience, based on and influenced by its particular historical and cultural contexts. The pagan Roman practice of monogamy seemed to have "influenced the Church's decision to commit itself to monogamy rather than the example of the Old Testament or of Judaism.” 36

In any case, all that is said about the covenant of marriage in the Old Testament is in a polygamous context. One cannot deny that God allowed polygamy as a valid form of marriage. 37 Scripture abounds with evidence that polygamy among the ancient Hebrews was not particularly unusual and was certainly not prohibited or discouraged. The Hebrew Scriptures document approximately forty polygamists, including such prominent figures as Abraham, Isaac, Jacob, Esau, Moses, David, and Solomon.38

To say the least, therefore, the whole idea of requiring a husband to "dismiss" all but one of his wives smacks of cultural insensitivity and lack of compassion and empathy for the expelled wives and their emotional pain. In view of this, African historical and cultural contexts should be taken into account in an attempt to evolve aptly inculturated Christian marriage laws for Africa.

32 Matthew 19:6; cr. 1 Corinthians 7:12-13.
33 Malachi 2:16.
34 Matthew 28:19.
35 Kisembo et al., 82.
36 Gaskiyane, 32.
37 Exodus 21:10.
38 See Genesis 16:1, 3; 25:1; 26:34; 29:30; 30:4, 9; 36:6; 2 Samuel 5:13; 12:8; 1 kings 11:1-3.

The Reaction of the African Church to Canon 1148
Among the challenges encountered by the early Christian missionaries in Africa, as evidenced in the case of the Missionaries of Africa in Uganda from the late 1800s, was the people's ignorance of the Christian doctrine on marriage, especially with regards to indissolubility, polygamy, and divorce.39 And after many centuries of the Church's encounter with African cultures, marriage still remains "the most difficult issue" in inculturating Christianity in Africa today. "As a matter of fact," John Baur notes, "nothing in Africa has resisted Western Christianization more than marriage."40

At the 1980 Synod of Bishops, the African representatives' intervention conceded that the issue of polygamy was (and still is) certainly one of the most delicate and most serious challenges that the African Church had to deal with. This admission cohered with the statement of the Symposium of Episcopal Conferences of Africa and Madagascar (SECAM) at its 1978 Plenary Session that polygamy was one of the major obstacles to the evangelization of Africa. SECAM, at that 1978 Plenary, remarked that preaching against "bad marriages" does not help resolve the issue of polygamy. Instead, pastors should dialogue with people in polygamous marriages and show that the pastors are interested in these people the way they are. Such an approach, SECAM added, could be used to introduce people to a suitable marriage catechumenate.41

Responding to SECAM, the Association of Member Episcopal Conferences of Eastern Africa (AMECEA) bishops raised a concern pertaining to the application of the Pauline privilege. They admitted that even the situation whereby a converted polygamist, instead of "dismissing" his other wives, lives with them as "brother and sisters," "would infringe upon Christian charity and justice, if the sexual and child-bearing needs of the other wives are ignored."42 And indeed, as a female participant remarked in the 1970s at the Protestant Churches' Research on Marriage Conference (known as CROMIA), this living together as "brother and sisters" "is yet another solution invented by men in favour of men."43 In their own response to SECAM, the Zairean bishops conceded that the Church had no viable "ready-made" answers on polygamy.

At the 1973 Plenary Session of AMECEA on Christian family life, Bishop John Njenga of Eldoret, Kenya (now, Archbishop Emeritus of Mombasa), presented a paper in which he compared polygamy to friendship. He insisted that this friendship is "viewed as capable of being realized among various persons (wives) and not exclusively tied up to one wife ... [This then] removes certain misconceptions pertaining to the nature of polygamous marriages as practiced in Africa. Polygamy in Africa was not practiced to give expression to lust. "44 The bishop further asked whether the Church should not bless such polygamous marriages which manifest stability and human values, or even revise her conditions for baptism to justify baptism for a polygamist and his wives.

39 Kanyadago, 11.
40 John Baur, 2000 Years of Christianity in Africa: An African Church History, (Nairobi: Paulines Publications Africa, 1994),469.
41 Kanyadago, 28.
42 Kanyadago, 31.
43 Kanyadago, 31.
44 Quoted in Kanyadago, 21.



Almost a decade earlier at the Second Ecumenical Vatican Council, the African episcopate had asked, albeit speaking in general about African customary marriages, .that the Church give due recognition to the values of African customary forms of marriage; and [recommended] that the church adapt itself more effectively to the African cultural contexts. "45 The bishops reasoned that the idea of integrating good African customs to the Christian rite of marriage was one way of effecting an appropriate inculturation. Inculturation should be genuine in that it should be a mutual interpenetration and Integration, without prejudice to the gospel or the authenticity of the culture being evangelized. Nevertheless, as noted above, marriage still remains "the most difficult Issue In Inculturating Christianity in Africa today.

Way Forward: the Pastoral Care of those in Polygamous Marriages in Africa
One can deduce from the preceding discussion that wholesome changes introduced In polygamist cultures can only hurt and harm individuals and families. Such turning around. of culture~ does not .take place instantly. To change the cultural marriage practices of the Israelites,. God first spoke to them within their culture. Change did come, but It took time; It did not happen in one instant. God works by gradually changing the moral character of his people within the culture where they live. So, by the New Testament time, polygamy had been abandoned as a practice among the Israelites. A culturally embedded issue such as polygamy cannot be adequately solved with laws that divide and discriminate against some. members of a family. Trying to do things this way will only bring harmful consequences and promote injustice.46

As Pope Pius XII authoritatively asserted in his 1941 allocution to the Roman Rota the supreme norm which should guide the Church in its juridical and administrative~ aspects IS the salvation of souls. Paul VI concurred with this when he pointed out to the Roman Rota ~n 1977 that Church laws are not ends in themselves, but a means to fostering the spiritual life of the faithfu1.47 In accordance with the mentality of the time, the 16th century Church, through the apostolic missionary constitutions referred to above, modified its juridical stands to accommodate the cultural challenges encountered by missionaries for the sake of facilitating the salvation of souls.

Along these lines, one should be forgiven to think that the Church should have made some Juridical concessions to accommodate those who were polygamists before theIr conversion to Catholicism, without requiring them to "dismiss" all but one of their wives. True, Paul VI encouraged pastors to exercise their juridical activity in a "pastoral way,. and In the same manner Canon §1148 §3, asks that the local Ordinary ensure, "in the light of the moral, social and economic circumstances of place and person ... that adequate provision IS made, in accordance with the norms of justice, Christian charity and natural equity, for the needs of the first wife and of the others who have been dismissed. However, one wonders how charitable or pastorally helpful these concessions could be to the "dismissed" wives, their children, and their relatives. Besides, pastors (local ordinaries included) can only be pastorally flexible to the extent that Church laws do not impose restrictions. In this case, however, they make explicit prohibitions against administering the sacraments to polygamists.

45 Kanyadago, 17.
46 Gaskiyane, 37.
47 Kanyadago, 139.
48 Canon Law.

In view of the above observations, it is pertinent that the Church begins its engagement with polygamists from the viewpoint of understanding the African historical and cultural contexts. This could necessitate a revision of Canon §1148 in the future, leading to suitably inculturated Christian marriage laws for Africa. Besides, the Church should engage in a humble and respectful dialogue with polygamists, as a way of bringing the latter to a change' of attitude. In addition, marriage catechesis and education should be next on the Church's line of actions towards the pastoral care of those in polygamous marriages. When the younger generation, especially those from polygamous homes, is educated on the contemporary ills of polygamy, there might be little chance of polygamy remaining a big issue in the future. Another appropriate pastoral approach will be for the Church to consider revising its conditions on baptism in order to baptize those who were polygamous before their conversion and allow them to participate in its sacramental life, without requiring them to dismiss any of their wives. Those, on the other hand, who become polygamous after their baptism, should be placed on perpetual catechumenate, with their promising not to increase the number of their wives. This catechumenate for Christian marriage life and the education for it can be made more accessible to all those concerned through the Small Christian Communities (SCCs).

In the case that the polygamists involved in this catechumenate break their promise, the Church should then put its feet down and sanction the defaulters. It might exclude them from the sacraments for a specified period of time, while encouraging them to participate in the other aspects and ministries of the Church's life. Lastly, all this should be done in the light of Christian charity which requires that those in polygamous marriages be treated with considerable compassion and respect.

Conclusion: So far, this paper has sought to consider Canon §1148 of the 1983 Code in view of the pastoral care the Church could adopt towards people in polygamous marriages in Africa. By way of realizing its goal, the paper first offered definitions and meanings of polygamy, as well as state the Church's teaching on polygamy. Afterwards, it looked at polygamy in Africa, its reasons, advantages and disadvantages. Then it dealt with Canon §1l48, its antecedents and meaning. Next, the paper considered the implications of Canon §1148 on polygamy, and subsequently highlighted some reactions of the African Church to this canon. Lastly, it 'recommended a way forward as regards the Church's pastoral care for people in polygamous marriages.

From the foregoing discussion, one could see that the solution of having a polygamist at his baptism dismiss all but one of his wives is culturally insensitive, unjust, and •uncharitable. Therefore, the pastoral care of polygamists should take into consideration, in the context of justice and peace, the socio-economic and cultural implications of sending some wives and their children away. Surely, there should be clarity in stating the teachings of the Church on marriage, but at the same time there should be a patient, compassionate, and culturally sympathetic pastoral approach.

The Church should not encourage polygamy among Christians, especially not after husbands have vowed to their wives exclusive faithfulness, before God and human witnesses. As a matter of fact, it should condemn its practice today. But at the same time, it should be kind to those who were polygamous marriages before their conversion to the Catholic faith (or even at that, those who became polygamous as Christians). Its teachings and practices should reflect the wisdom and compassion of God towards these people. Since the Church’s mission is to bring all peoples to Christ, its approach should not be one that turns people away from Christ, but rather one that draws them to him and incorporates them into the community of God’s people, in respect and compassion.

Examination Questions for May 2011

Sacramentology IV Order and Marriage

In the examination, three questions from the following will appear on your paper and you will be requested to answer one of them.

1. Write briefly about the perception of marriage in the Old Testament communities. (6) What did Jesus say about marriage? (8) What prophetic words of Jesus give us the origin of the Sacrament of Marriage? (8) Explain philia love and agapaic love. (10) Give reasons why pastors should generally encourage those who are cohabitating to marry. (12)

2. What contributions were made by the following to our thinking on marriage: The Book of Genesis (2), The Prophet Hosea (3), The Gospel of Luke (5), Paul of Tarsus (10), Augustine of Hippo (6), Pope Nicholas I (2), The Council of Verona (2), The Council of Trent (4), and The Second Vatican Council (10).

3. Why did the Church have reservations about declaring marriage a sacrament? (12) Give the reasons why the Church eventually accepted marriage as a sacrament? (12) Explain briefly the following: banns of marriage (5), clandestine marriages (3), canonical form of marriage (5) and marriage as a domestic Church (7).

4. Why is Christian marriage a sacrament? (3) Describe some essential positive values in Catholic marriage (8). Write about marital covenant and marital contract (12). Discuss the role of faith in the sacrament of marriage (6). As a pastor, why would you encourage those baptised, who are engaged to get married, but are not practicing Catholics and may have little or no ‘faith,’ to marry sacramentally? (15)

5. Write briefly about: Marriage in Gaudium et Spes 48-50 (20), Eph 5:32, Tametsi, the Pauline Privilege, the Petrine Privilege, marriage separation, and marital support (4 each).

6. Describe some ways in which a couple experience the grace and invitation of sacramental marriage (10). In the context of the particular marital values the Church espouses, write about the following: co-habitation, polygamy, and civil divorce with remarriage (18). What is the Catholic Church’s attitude towards people living in these situations? (6) Note briefly the essential elements in marital consent (10).

7. Write about a marriage preparation course, in particular focusing on the purpose of the course (8), the manner of conducting it (6) and its content (30).

8. Explain the difference between the marital contract and the marital sacrament (4). Why do some theologians propose that the Church should separate them? (4) Give reasons against having civil divorce. (16) The Catholic Church staunchly defends the indissolubility of marriage and prohibits divorce and remarriage, except in exceptional circumstances. Give reasons for her position (8). Why do some Catholic theologians suggest that the Catholic Church should soften her position regarding the indissolubility of sacramental marriage? (12)