By BALABA MICHEAL
Marriage is the union of man and woman in love and in covenant as long as they are alive to set up their own family and share everything.
According to the civil perception by the constitution of Uganda, Marriage is a legally sanctioned contract between man and woman. The legal status, condition, or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of Husband and Wife in law for life, or until the legal termination of the relationship.
Marriage as defined by the Christian law, is a covenant union between male and female that God has sanctioned and considered irrevocable by man; Mark 10:10-9.
Marriage, defined by Islamic law, is a contract relation, either permanent or fixed time, between man and woman. In a permanent marriage, the period of matrimony is not fixed, and it is forever. The woman with whom such a marriage is concluded is called da'ima (i.e. a permanent wife). In a fixed time marriage (Mut'ah), the period of matrimony is fixed, for example, matrimonial relation is contracted with a woman for an hour, or a day, or a month, or a year, or more. However, the period fixed for the marriage should not exceed the span of normal lives of the spouses, because in that case, the marriage will be treated as a permanent one. This sort of fixed time marriage is called Mut'ah or Sigha.
Divorce is a legal practice that guides the marriage couples when reached a moment of separating or breaking up not as husband and wife any more.
Divorce according to the Moslem community under the Shalia laws talks about it in three kinds or ways and the procedures. When a man has initiated a divorce, the procedure is called ṭalāq. When a husband accuses his wife of adultery without supplying witnesses and the wife denies it, the process is called li'ān.
When a woman has initiated a divorce it is called khula .Talaq is easily obtained, while obtaining khula is typically quite difficult.
In the ṭalāq divorce, the husband pronounces the phrase "I divorce you" to his wife, three times. Many Islamic scholars believe there is a waiting period involved between the three talaqs, pointing to Quran 65:1(Quaran 65:1) and various hadiths.
Divorce, defined by Christian law, is an act of disobedience to the Law of God by revoking what God has sanctioned and also creating more environments for greater evils or crimes; Mark 10:2-12, Matthew 5:32.
THE MARRIAGE AND DIVORCE ACT, 2009
“An act to reform and consolidate the law relating to civil, Christian, Hindu, Bahai and customary marriages; to provide for the types of recognized marriages, marital rights and duties; recognition of cohabitation in relation to property rights; separation and divorce, and the consequences of separation and divorce; and for related matters”
The marriage and divorce bill therefore contradicts some laws of the key religions in the country.
The bill contradicts with the Christian law in the following ways; Christianity considers marriage as a permanent relationship; Mark 10:10-9 and divorce is seen as a crime/sin punishable by divine justice. According to the book of Matthew chapter 5 verse 32, divorce ushers in adultery and whoever initiates the divorce is guilty for creating an environment for the latter. This is emphasized in the book of Mark chapter 10 verses 2-12.
It is key to note that these Christian laws are dully kept by the Christian citizens as well as the civil law. Many Christian citizens are in the Christian marriages sanctioned by the Christian laws. The irony comes in when they want to divorce and take a Christian marriage to a civil court. The couple seeking divorce wants court to undo what it did not do in the first place and that leaves many laws on either side hanging. This creates a society that lacks loyalty and a sense of commitment. To commit oneself using a particular law and when the going gets tough to run to another law as an escape route is the highest level of irresponsibility in the society.
A 2003 Domestic Relations Bill sought to achieve the same goals, but faced enormous resistance from Muslim groups opposed to the provisions banning polygamy. After being rejected by Parliament in 2006, the bill was split into a Muslim Personal Bill, which covers Muslim marriages, and the Marriage and Divorce Bill, currently being debated.
Traditionally marriage in most of the “Bantu”speaking people in Uganda considered marriage institutions to be divine oriented that never necessitated divorce at any cost and it was a taboo to divorce however such sentiments led to depriving women’s rights under the notion of protecting the pride of their families but depressing in life hence resulting to future discussions of women’s rights
The Marriage and Divorce Bill has for a long period of time bothered legislators because of its sensitivity in nature. This bill was presented to Parliament of Uganda in the 1970s, designed in part to improve women’s rights in marriage and also to consolidate the multiple acts regulating customary marriage, Hindu marriage, civil marriage, Christian marriage, and Islamic marriage.
According to the Marriage and Divorce Bill 2009 Bill No. 19 exhibits the irrelevance of marriage gifts when starting the institution of marriage “marriage gifts are not an essential requirement under this act”
It’s quite a challenge that traditionally the institution of Marriage was embraced by customary /symbolic practices like giving dowery or bride price by the groom to the wife’s family as gifts that potray signs of respect which some women still cherish today, others have seen it as practice that men have embarked on to violet women’s rights in the marriage institutions considering them as property. Much as the current Marriage and Divorce Bill states that bride price cannot be treated as a pre-requisite for marriage, and makes criminal, the act of demanding repayment of bride price in case of any miss understanding, some men have kept on humiliating and intimidating their wives relating to the bride price. This is quite a challenge that much as there some loopholes under this practice, the constitutional court refused to ban it as a number of people support it being an important cultural element of marriage in African society.
The legal implication is The Marriage and Divorce Bill will outlaw a number of traditional practices, make asset sharing mandatory in a divorce, gives cohabiting partners property rights among others thus calling for a very sensitive approach.
In the final assessment, Uganda being a country that embraces Religion and culture as fundumemental components in the nation Building, the government is seen as extensively making intrusion into family matters. The counter argument is that states increasingly have viewed divorce as a legitimate matter of public concern because of its extensive costs and the havoc it causes to primary and extended social and economic relationships. In this regard, covenant marriages are no more intrusive than are state laws that permit or deny divorce based on certain articulated grounds.
Another objection is that covenant marriages seemingly infringe upon the separation of church and state because the mandatory premarital counseling contained in the two existing laws is often provided by clergy. Other opponents to the attempted legislative measures in other states have either expressed reservation for laws that seem to limit adult autonomy and choice or have themselves been active in the "divorce industry”.
Sensitizing marriage couples and all stake holders on human rights and divine wisdom in relation to appreciating our cultures is an interesting way of reviving the glory of the marriage institution than advocating for separation.
The author is an MA student at the Department of Journalism and Communication
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