In most religions marriage is sacred, although different religions have differing attitudes to divorce. The attitude of Christianity has altered slightly as society as a whole has become more accepting of divorce. Many consider Christianity as old fashioned, but in the area of divorce is has modernised somewhat with the times.
There are differing attitudes between the Roman Catholic Church and Protestants. Catholics are completely against divorce, and according to them it can only be dissolved by the death of one of the people involved in the marriage. The Catholic Church does allow annulments if a couple, or one half of a couple, can prove the marriage never existed in the correct form. Examples of reasons for annulment are if one party was forced into the marriage, the marriage was not consummated, or one of the couple does not want, or can’t have, children. Protestants do allow divorce, although it is discouraged unless there is no alternative and it is considered unreasonable to stay together. It also allows divorcees to remarry, as Protestants believe that God offers forgiveness, and therefore a second chance of a successful marriage. Divorce is disapproved but more accepting than the Catholic Church. Catholics believe marriage is an agreement with God, which can’t be broken, while Protestants believe that God will forgive people for a divorce.
Like most religions, Christians of all types believe that marriage should be sacred and last forever. Adultery is considered a sin as it breaks the marriage vow. According to Christianity, when a couple decide to marry they agree to live together and share their lives until death parts them, and they must remain faithful at all times. One of the purposes of a Christian marriage is to create a Christian family by bringing up children with Christian values.
General attitudes towards divorce have changed significantly over the last half a century. It used to be much more difficult to have a divorce accepted, and especially to remarry, both in terms of the law and the way it was perceived by society; divorce was largely frowned upon. This is no longer the case, and divorcees suffer no social disadvantages. It is now deemed perfectly acceptable for people to get divorced should they be unhappy within their marriage, and most consider this a good thing. Although few think of divorce as an option when they get married, if a marriage does not work out then it is an option. This hasn’t always been the case. Even when it was legalised many remained in unhappy marriages as they didn’t want the social stigma of being divorced. Although Christianity may not completely agree with the way things have changed it is has become much more accepting of divorce.
Andrew Marshall (c)
FLIP - Divorce Solicitors London- Family Law in Partnership are expert divorce lawyers who offer an ethical approach.
Showing posts with label religion. Show all posts
Showing posts with label religion. Show all posts
Tuesday, April 27, 2010
Tuesday, September 8, 2009
The difference in Family Law between the West and Sharia Law
Sharia Law is the body of law generally used in Islamic countries. It is the most widely used religious law on the planet. Many aspects of Sharia Law differ from the laws in western nations in Europe and North America. One of the areas where Sharia law is different is in Family Law.
There is much debate within the Islamic world, and outside of it, of which interpretations of Sharia Law are correct and which are not. It is often accused of treating women badly, but there is a school of though that it was invented to protect women. As the practice of Sharia Law varies in different cultures and countries, this article may not be accurate according to all nations the practice it. Some countries, such as Iran, Sudan and Saudi Arabia strongly go by their own interpretations of Sharia Law, while countries including India and Pakistan are more liberal.
Many of the principles within Sharia Law is based around family. Unlike western cultures, when we talk about Family Law, certain behaviours within the family is demanded by law or against the law, and failure to comply can carry punishments. There are a series of so called Hadd crimes, and these include adultery and false accusations of adultery. Sexual activity outside of a marriage and homosexuality also fall under this category. In certain cases those committing these crimes could receive sentences such as stoning or the death penalty. These are rare these days though, and in the vast majority of cases a lesser punishment is given.
When it comes to divorce, laws can be very different than in the West. In some areas divorce is solely the decision of men, whereas in others women have equal rights to a divorce. One interpretation of the law is that a man simply has to say the Islamic equivalent of “I divorce you” three times for a divorce to be official. This means that saying this in a moment of weakness could mean the end of a marriage, even if it is not what he really wanted. If he then changes his mind, his wife will have to wait three months before marrying and divorcing someone else, and then wait another three months before marrying her original husband. This is much different from a western divorce where a divorce must go through the courts before being granted and can take several months of even years.
The way that men and women are treated when it comes to divorce varies in certain interpretations of Sharia Law and western family law. In Sharia Law certain rights such as custody of children and ownership of property tend to go more to men, whereas in Europe, for example, they are more likely to go to women, although this depends on the circumstances.
Andrew Marshall ©
Family Law
There is much debate within the Islamic world, and outside of it, of which interpretations of Sharia Law are correct and which are not. It is often accused of treating women badly, but there is a school of though that it was invented to protect women. As the practice of Sharia Law varies in different cultures and countries, this article may not be accurate according to all nations the practice it. Some countries, such as Iran, Sudan and Saudi Arabia strongly go by their own interpretations of Sharia Law, while countries including India and Pakistan are more liberal.
Many of the principles within Sharia Law is based around family. Unlike western cultures, when we talk about Family Law, certain behaviours within the family is demanded by law or against the law, and failure to comply can carry punishments. There are a series of so called Hadd crimes, and these include adultery and false accusations of adultery. Sexual activity outside of a marriage and homosexuality also fall under this category. In certain cases those committing these crimes could receive sentences such as stoning or the death penalty. These are rare these days though, and in the vast majority of cases a lesser punishment is given.
When it comes to divorce, laws can be very different than in the West. In some areas divorce is solely the decision of men, whereas in others women have equal rights to a divorce. One interpretation of the law is that a man simply has to say the Islamic equivalent of “I divorce you” three times for a divorce to be official. This means that saying this in a moment of weakness could mean the end of a marriage, even if it is not what he really wanted. If he then changes his mind, his wife will have to wait three months before marrying and divorcing someone else, and then wait another three months before marrying her original husband. This is much different from a western divorce where a divorce must go through the courts before being granted and can take several months of even years.
The way that men and women are treated when it comes to divorce varies in certain interpretations of Sharia Law and western family law. In Sharia Law certain rights such as custody of children and ownership of property tend to go more to men, whereas in Europe, for example, they are more likely to go to women, although this depends on the circumstances.
Andrew Marshall ©
Family Law
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