Divorce in the Bible;The Bible is the Christian’s holy book. It contains dictates and precepts for living a moral and holy life. Whereas, the Matrimonial Causes Act is the law that deals with divorce in Nigeria. It specifies the criteria or elements that must exist before a divorce can be considered by the court. Certain similarities exist between the two texts.
In describing these similarities, I have employed a strategy that I call “Let the text speak for itself”. This way, I broadly state the similarity and then elaborate by quoting passages from the Bible and sections from the Matrimonial Causes Act which relate to the similarities. My list of similarities is not meant to be exhaustive; but I have chosen the obvious ones. I have emphasized certain phrases and words in the passages and sections which require your focus.
Marriage is Between a Man and a Woman; not between two men or two women. (In other words, both texts do not support LGBTQ marriages.)
- Divorce in The Bible: “Jesus answered, “Don’t you know that in the beginning the Creator made a man and a woman? That’s why a man leaves his father and mother and gets married. He becomes like one person with his wife” (Matthew 19:4-5 CEV).
- Matrimonial Causes Act: “Marriage of a man is prohibited if the woman is, or has been his…”(First Schedule; Section 3)
Monogamy; not Polygamy or Polyandry
- The Bible: “That’s why a man leaves his father and mother and gets married. He becomes like one person with his wife. Then they are no longer two people, but one. And no one should separate a couple that God has joined together.” (Matthew 19:5-6 CEV) “And why isn’t God pleased? It’s because he knows that eachof you men has been unfaithful to the wifeyou married when you were young. You promised that she would be your partner, but now you have broken that promise.” (Malachi 2:14 CEV)
- Matrimonial Causes Act: “(1) Subject to the provisions of this section, a marriage that takes place after the commencement of this Act is void in any of the following cases but not otherwise, that is to say, where‐ (a) either of the parties is, at the time of the marriage, lawfully married to some other person. (Section 3)
No No-Fault Divorce.
That is, divorce is permissible under certain conditions.
- The Bible: “I say that if your wife has not committed some terrible sexual sin, you must not divorce her to marry someone else. If you do, you are unfaithful.” (Matthew 19:9 CEV)
- Matrimonial Causes Act: “The court hearing a petition for a decree of dissolution of a marriage shall hold the marriage to have broken down irretrievably if, but only if, the petitioner satisfies the court of one or more of the following facts” (Section 15(2))
Divorce is Permissible / The Grounds for Divorce
- Divorce in The Bible: adultery, infant sacrifice (abortion), physical abuse, desertion (physical and sexual), the failure of the father to provide economically for his family, homosexuality, bestiality, rape, incest, murder etc. (Lev. 18:20, 22, 23) See my earlier article.
- Matrimonial Causes Act: refusal to consummate marriage, adultery, intolerable behaviour, desertion, sodomy, rape, bestiality, alcohol or drug addiction, conviction for a felony or capital offence, refusal to provide for the needs of the family, physical abuse of wife, insanity etc. (Sections 15 & 16).
Marriages Prohibited Between Certain Persons
- The Bible: “Don’t have sex with any of your close relatives, especially your own mother. This would disgrace your father. And don’t disgrace him by having sex with any of his other wives. Don’t have sex with your sister or stepsister, whether you grew up together or not. Don’t disgrace yourself by having sex with your granddaughter or half sister or a sister of your father or mother. Don’t disgrace your uncle by having sex with his wife. Don’t have sex with your daughter-in-law or sister-in-law. And don’t have sex with the daughter or granddaughter of any woman that you have earlier had sex with. You may be having sex with a relative, and that would make you unclean.” (Leviticus 18:6-17 CEV)
- Matrimonial Causes Act: “Marriage of a man is prohibited if the woman is, or has been his: wife’s mother; wife’s grandmother; wife’s daughter; sister; father’s sister; wife’s son’s daughter; mother’s sister; wife’s daughter’s daughter; brother’s daughter; father’s wife; sister’s daughter; grandfather’s wife; son’s wife; son’s son’s wife; daughter’s son’s wife.
The Right to Remarry after a Divorce
- Divorce in The Bible: “For example, the Law says that a man’s wife must remain his wife as long as he lives. But once her husband is dead, she is free to marry someone else. However, if she goes off with another man while her husband is still alive, she is said to be unfaithful” (Romans 7:2-3 CEV) Again, see my earlier article for a fuller explanation.
- Matrimonial Causes Act: “Where a decree of dissolution of marriage under this Act has become absolute, a party to the marriage may marry again as if the marriage had been dissolved by death.” (Section 33)
Articles on this blog are meant to provide general knowledge on divorce law in Nigeria and do not, by any means, substitute for proper consultation with legal experts. Need help? Go Here!
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