Daily Times

Among many other challenges, the Christian community is facing the legalities of divorce procedures. The Lahore High Court reserved the judgment on this issue after the number of Christian religious, social and political leaders appeared in the court for their ostensible rendition. The matter was raised to the court for seeking possible amendments in the Christian Divorce Act 1869, that interprets barely one reason to divorce a wife and that is ‘adultery’. The story begins in 2015 when a Christian filed a case in the court who wanted to divorce his wife but not on the basis of the set constitutional provision mentioned in the divorce act. In 2016 his petition was allowed after the court reinstated article 7 of the Divorce Act 1869 quashed in 1981 by the then military ruler. This particular article gives the right to men and women to file a divorce case on other social and civic ground but not necessarily the false accusation of adultery. However, this judgment was challenged, and once again the court has agreed to facilitate Christian community on this particular issue. During the hearing, all status quo religious forces brought the conventional religious narrative before the court against which the CJ of High Court, clearly stated that the court intends to decide the case in the line of the constitution of Pakistan ensuring “Right to practice the religion based on his conscience.”

However, Asif Aqeel, one of the Christian historians/Analysts and Mary Gill, a Christian Provincial Parliamentarian from Punjab adopted contemporary narrative based on the present-time social experiences, taboos and legal obstructions. When discussing what the Bible says about ‘divorce ‘in the book of Malachi 2:16 of the Old Testament, “I hate divorce, says the Lord God.” The ground mentioned in the Bible does not mean God wants divorce to occur but grounds for forgiveness, restoration, and counseling. Christian couple must not separate for any other reason than what the Bible allows. But we need to understand the context of the reference being quoted in the courts. Divorce was very common among both Jews and Gentiles at the time of Jesus’ physical presence in the world, and sexual immorality was understood and preached to be an exclusive reason for divorce. Because of the weakening marriage institution, divorce is rampant among Christians and non-Christians alike, the Church and the courts have adopted contemporary interpretations to find a ‘ruling’ acceptable to masses. Church of England, the religious Head of 86 Million Anglican Christians worldwide has a clear stance that marriage is for life. It also recognizes that some marriages sadly do fail and if this should happen, it seeks to be available for all involved. The Church accepts that in exceptional circumstances, a divorced person may marry again in Church during the lifetime of a former spouse. This resolution was passed by the General Synod meeting in a voting concerning marriage after divorce, the outcome was 269 to 83 in support of the change. The Catholic Church with 1.2 billion Christian enumeration has a strict ruling about marriage considering it a ‘sacred bond ‘based on life-long love, fidelity, and family.

Using temporal laws, marriage being the physical and spiritual bond between a man and a woman cannot be broken witnessed by the congregation and God. But keeping in view the social structure failure, The Catholic Church believes in ‘annulment’ which is not a divorce but a decree through which the marriage taken at first place is considered ‘null and void’. After the annulment, individuals are allowed to re-marry albeit, not entitled to receive Holy Communion, an important sacrament of the Christian life. Every year almost 50000 couples get the annulment by the Church Tribunals according to the Church canon. There are two main reasons for the cancellation of marriage which are, ‘Psychological incapacity to understand the commitment marriage entails and if one of the partners has hidden information such as a previous marriage, impotence or infertility’. Obviously, these reasons are not compatible to the conventional religious narrative about the divorce. Not only this, in 2016 Pope Francis, The religious head of the 1.2 Billion Catholic Christians showed his concerns for people facing difficulties in their matrimonial life and suggested easy procedures. The Vatican in a statement announced a commission heading in that direction. The purpose would be to reform the annulment granting process, “with the objective of simplifying its procedure, making it more streamlined and safeguarding the principle of the indissolubility of matrimony.”

The Church of Scotland another leading Church does not recognize divorce and gives equal opportunities to everyone for the spiritual growth deeming everyone a child of God. In the neighboring country 1869 divorce act, allows Christian couples to file divorce case if they are living separately ‘for two years’ and not fulfilling their matrimonial rights. Living separately for two years is the minimum criteria for obtaining the divorce in Indian enacted law. In the present case in Pakistan, while hearing, the Chief Justice of the Lahore High Court preferred the implementation of the constitution of Pakistan instead of the Biblical interpretations. By any means, accepting some other social reasons for divorce is not deviating from the Gospel. Is not it true that God has called us to peace? Christian’s faith tends to ‘peace’, not opposing each other. As a great principle, the love and care shown by a couple prevent contentions and broils. But if we cannot ensure mutual love and affection, there should be a peaceful separation. A simple going understanding, does God want us to see in troubles? But the honesty of the purpose is mandatory.

Saving the marriage institute is our mutual responsibility but where situation comes to the point of the break, Pakistani Church and courts may allow individuals to leave separately in peace. All over the world Church takes such responsibility in providing solutions to all social matrimonial issues. Unfortunately, Church in Pakistan is least concerned towards marriage counseling. Young couples must be given regular sessions about the marital life and the sacred bond between two individuals. But in certain situations when cases are brought before the courts, these cases must be decided in the line of the basic fundamental rights of all citizens. Fulfilling human rights is not challenging ‘divine rights’. The existing law is forcing men to level ‘adultery’ charges against innocent women for the reason to get a separation decree from the courts. Is not it a reality that most of the times, Christian men get ‘ex-parte’ decisions when concerned women remain unaware of all legal proceedings against them and in the end legally and constitutionally they are proved ‘adulterer’. Which human right do we serve this way? It seems some leaders are engaging the court in nothing less than casuistry. A dumbfounded argument! The Bible says, you blind guides! You strain out a gnat but swallow a camel.” What else!

The writer is a freelance columnist, can be contacted at kaleem.dean@mail.com