Law of Marriage and Divorce: The Role of Church in Upholding Marriage Sanctity and Providing Alternatives to Litigation
- June 11, 2022
- Posted by: rsispostadmin
- Categories: IJRISS, Social Science
International Journal of Research and Innovation in Social Science (IJRISS) | Volume VI, Issue V, May 2022 | ISSN 2454–6186
Professor Adeniyi Olatunbosun
LL.B (Hons) (Ife), LL.M (Lagos), M.Phil., PhD (Ife), BL., Professor of Law and Vice Chancellor, Kola Daisi University, Ibadan, Nigeria
Abstract: The paper reviews law of marriage and divorce as applicable to Christian couple. It highlights the concept of Christian marriage to be a permanent one- flesh union and specifically focuses on the issue of Christian home which is built on Godly values and divine lifestyles with the overall purpose that each home will portray God’s glory and be a witnessing platform in the society in particular and to the entire world in general. It dialectically appraises the institution of marriage and family in today’s society from socio-legal perspectives that have been gradually withering away the values of marriage as a divinely established institution ordained by God.
I. INTRODUCTION
Marriage is a universal institution recognized and observed globally as a social system created on, and operated by the social rites and religious sacrament. The available historical perspective of the institution of marriage may have begun from the existence of the first human beings on earth; when God created Adam and Eve and gave them the viability of recognizing each other as married couples. God placed them in the Garden of Eden and gave them responsibilities as couples saying; “…it is not good for a man to be alone. I will make a companion who will help.” Thus, marriage is an institution ordained by God, the first union was ordained and orchestrated by God Himself.
In most jurisdictions, a marriage is a contract, a special specie of contract, treated as a contract sui generis . Each legal system determines the features of a marriage . In Nigeria, marriage is of three distinct forms: statutory, customary and Islamic marriages. For this purpose, our discussion will be limited to statutory marriage, which is monogamous in nature and is in accordance with Christian faith, wherein two human beings, a man and a woman, dedicate themselves absolutely to one another, two bodies become one flesh and two persons – one spirit. The ideal of Christian marriage is unique, eternal and indissoluble. In the world of today, however, Christian marriage is faced with a number of challenges such as mixed marriages, homosexuality, premarital and extra marital sex, high number of divorces, lack of care of children of marriage,
