Does a Religious Marriage Have Legal Force?

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Published: 02/16/2018

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A wedding is a wedding ceremony in Christianity; it is a marriage procedure performed in a church by a clergyman.

  • General information about church weddings
  • The difference between a church marriage and an official one
  • The state's attitude towards weddings

Until 1900, in the Russian Empire, a church wedding was equivalent to an official marriage. That is, a man and a woman, having passed through the sacred sacrament, could rightfully be called husband and wife.

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The actions of state and other public legal social institutions - the Decree says - are not accompanied by any religious rites or ceremonies. The religious oath or oath is canceled. Acts of civil status are carried out exclusively by civil authorities. [29]

For Emile Durkheim, the essential difference is that religious rites are obligatory along with a religious society or church, while magical rites are a matter of choice. An individual who fails is, from a religious point of view, guilty of wrongdoing (bears the guilt of doing the wrong thing), while one who does not follow the magical precepts or means of achieving good luck is simply acting foolishly . This distinction has great theoretical significance. But it is difficult to apply it in the study of the rituals of a simple society. [24]

Adam's Rib

In the Gospel, Christ speaks strange words about marriage: “... a man will leave his father and mother and cleave to his wife, and the two will become one flesh; so that they are no longer two, but one flesh” (Mark 10 :8). It turns out that the meaning of marriage is for two to become one! Moreover, “one flesh” here does not mean only “one body.” We are talking about such a depth of unity in mutual love when two people can no longer imagine life without each other, and each realizes himself as a continuation of his loved one, his integral part. How such a miracle becomes possible is difficult to understand if you do not know the Biblical story of the creation of man.

The Bible says that God created man in whom the masculine and feminine principles were present in their entirety. All the properties and qualities of a person that we define today as masculine or feminine were inherent in Adam from the beginning. The first man was a self-sufficient being; he had complete knowledge of the created world around him, since he was created by God to dominate this world. But in his perfection and self-sufficiency he was alone. But living only for yourself is painful even in Paradise. And then God created a wife for Adam. This is how it is written about this in the Book of Genesis: “And the Lord God said: It is not good for the man to be alone; Let us make him a helper suitable for him” (Genesis 2:18 ). True, the word assistant used in the Russian translation of the Bible does not quite correspond to the Hebrew original. Another translation of this phrase is possible: “Let us create for him a replenisher who will be before him.” And further, there follows the act of creation of a woman, which is completely unique and has no analogues in the biblical history of the creation of the world. God creates a woman from... Adam himself: “And the Lord God caused a deep sleep to fall upon the man; and when he fell asleep, he took one of his ribs and covered that place with flesh. And the Lord God created a wife from a rib taken from a man, and brought her to the man.

And the man said, Behold, this is bone of my bones, and flesh of my flesh; she will be called woman, for she was taken from her husband. Therefore a man will leave his father and mother and cleave to his wife; and the two will become one flesh” (Genesis 2:21-24).

This is where Christ quoted the words about the unity and inviolability of marriage. The first wife became flesh of her husband’s flesh, not in an allegorical, but in a very literal sense. We cannot now reliably know how exactly this amazing event happened. We can only say that the notorious “Adam’s rib,” which the propagandists of “scientific atheism” loved to make fun of in Soviet times, is also the result of a not entirely accurate translation. The word translated “rib” in Hebrew has a broader meaning - edge, side, side, and even one of the leaves of a door. Therefore, the biblical “rib” cannot be understood solely in an anatomical sense. The essence of this word is that a woman is an equal and equal half of the human race. God created a wife for Adam, separating from him a certain part, a side where the feminine nature already existed in him. How this happened is the mystery of creation. But the expression “my half” in relation to a wife from a Christian point of view is not at all a poetic metaphor. This is rather a statement of fact. Saint John Chrysostom speaks about this quite definitely: “He who is not united by marriage does not represent the whole, but only half. A man and a woman are not two people, but one person.”

And about the joyful exclamation of Adam, who saw before him the wife replenishing his being - “this is bone of my bones and flesh of my flesh,” Saint Asterius of Amasia writes: “These words of Adam were a general confession expressed on behalf of all men to all women, to everything feminine. His words bind all others. For what happened in the beginning in these primordial ones passed into the nature of the descendants.”

CHURCH MARRIAGE

CHURCH MARRIAGE - a marriage concluded in a church according to religious rites. In pre-revolutionary Russia, only Ts.b. was recognized. In a number of modern countries it has the same force as civil marriage. In the Russian Federation C.b. has no legal force ... Legal Dictionary

church marriage - a marriage concluded in a church according to religious rites. In Russia, until 1917, only church marriage had legal force. * * * CHURCH MARRIAGE CHURCH MARRIAGE, in Orthodoxy one of the sacraments (see SACRAMENTS), a marriage concluded in a church according to religious rites ... Encyclopedic Dictionary

Two sides of unity

In the story “Darling” by A.P. Chekhov described the amazing phenomenon of married life. The heroine of the story, Olenka, was so imbued with the interests and affairs of her husband that she imperceptibly became like him in almost everything. True, Chekhov, with his characteristic irony, portrayed this talent of hers only as a consequence of her inner spiritual emptiness. To do this, he made Olenka a widow twice during the story, and finally, he deprived her of hope for a third marriage with the veterinarian who left his wife. But despite all the efforts of Anton Pavlovich (and perhaps despite them), Olenka does not look like an empty, meaningless creature in the story. Even in this caricature, her ability to give herself completely to the person she loves inspires deep respect. The fact is that marital relationships imply such a degree of frankness and intimacy, such close contact between two people that such interpenetration of the personalities of husband and wife becomes simply inevitable.

Probably everyone has met people in their life with a special, irresistible personal charm. Having met such a person for the first time and talked with him for a couple of hours, then suddenly you begin to realize that you are involuntarily trying to be like him, copying his intonation, facial expressions, gestures...

In marriage, such mutual influence of spouses on each other is immeasurably stronger. The husband and wife begin to seem to be reflected in each other. And what a happiness it is: to see how every day more and more new features appear in you that are so dear to you in your loved one! With what joy and amazement you begin to notice how more and more often something slips into him that previously belonged only to you!

And how unbearably painful and scary it is when such closeness suddenly collapses, and a person is again left alone, in emptiness. Sometimes you can hear: “Well, what if love has passed? No need to worry – we separated and that’s it. Just think – woe!”

No, this is grief, this is a big disaster. Divorce is always a tragedy, no matter what the reason. After all, people loved each other, because in their lives there was that same unity that filled their hearts with joy every day... Every broken love necessarily leaves a deep wound in a person’s soul. And it doesn’t matter whether it’s a broken marriage or a broken romance. Grow together with your soul mate, live the same life with her, breathe in the same breath, and suddenly you can tear yourself away and leave only with blood. And then, with your soul torn to shreds, you need to try to live on and hope that new love will be happier...

Divorce in the Church is understood precisely as a catastrophe, as a result of which marriage ceased to exist. Therefore, there are no rituals or sacred rites for divorce in the Church, and never have been. In any sacred rite, the Church calls upon God’s blessing on people and their good undertakings. Well, what can you bless in a divorce? Nothing. One can only admit with bitterness that there is one less love on Earth.

Church marriage

CHURCH MARRIAGE - a marriage concluded in a church according to religious rites. In pre-revolutionary Russia, only C. b. had legal force. After the October Revolution of 1917 canceled. Until now, only marriages concluded in the registry office are recognized as legal; religious rite ... Encyclopedic Dictionary of Economics and Law

CHURCH MARRIAGE - a marriage concluded in a church according to religious rites. In pre-revolutionary Russia, only C.b. had legal force. After the October Revolution of 1917 it was cancelled. Until now, only marriages concluded in the registry office are recognized as legal; religious... ... Legal encyclopedia

Who's hitting us from behind?

Why do people fight even in happy marriages? After all, they love each other, they can’t live without each other, but they fight over all sorts of nonsense.

I wish the rain would pour out sooner, I wish the thunder would sooner strike. We live like two evil clouds, Lord, how we live... And the reason is smaller than a grain, And immediately - hearts on the key... Little daughter, the anxious sun Toils between the clouds.

In this wonderful poem by V. Ermakov, one detail is especially interesting: in fact, the reasons for family quarrels are so insignificant that even talking about them seriously is somehow awkward. But why do such insignificant reasons cause such a violent reaction among people who love each other?

The explanation for this should be sought in the same natural and personal unity of husband and wife in marriage. Having become one flesh and one soul, people begin to perceive very painfully even the smallest prick of hostility or simple inattention on the part of their spouse. Any, even the smallest offense, with such a degree of openness to each other, begins to be perceived as betrayal and treason. This state is psychologically very subtly depicted by Leo Tolstoy in the novel “Anna Karenina”, when the first quarrel after the wedding occurred between Levin and Kitty.

“But as soon as she opened her mouth, words of reproach from senseless jealousy... escaped her. Only here for the first time did he clearly understand what he had not understood when he led her out of the church after the wedding. He realized that she was not only close to him, but that now he did not know where she ended and he began... At the first minute he experienced a feeling similar to what a person experiences when, having suddenly received a strong blow from behind, with annoyance and a desire for revenge turns around to find the culprit, and is convinced that it was he who accidentally hit himself, that there is no one to be angry with and that the pain must be endured and calmed down.”

These blows from behind are the action of sin living in human nature. Because the nature of the descendants of Adam and Eve inherited not only the ability of husband and wife to unite in the super-individual unity of marriage, but also all the painful distortions of our nature that resulted from the falling away of the first people from God. And the meaning of any passion and any sin, ultimately, can be reduced to selfishness and the inability of fallen man to love anyone other than himself. In Orthodox asceticism, this terrible force that separates people from God and from each other is called “selfhood.”

And in marriage this force acts, perhaps, more destructively than anywhere else. The spouses have become a single being in marriage; they do not know where she ends and he begins; but each of them brought their own spiritual sores into this unity. And everyone will have to feel the burden of this “selfishness” of their chosen one, his selfishness and internal depravity. Two “selves” begin to tear apart this unity of loving people from the inside. Any quarrel threatens to turn into a disaster, because in a marriage, by offending another, a person, in fact, inflicts a wound on himself. Marriage makes the interpenetration of two people almost absolute, and two egoisms torment this single flesh, using the most insignificant reasons for a quarrel.

Such spiritual corrosion can imperceptibly undermine and destroy the most ardent love. And it can only be preserved with God’s help.

Religious marriage

3. A person who wishes to marry a convicted person fills out an application for marriage in the prescribed form and submits it to the registry office at the place of his permanent residence or at the location of the correctional labor institution.

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If the convicted person, upon entering into marriage, chose the surname of the other spouse or a double surname, then a corresponding entry is made in the questionnaire under the marriage registration stamp, which is certified by the signature of the person who registered the marriage and the seal of the registry office. In this case, an o is written on the first page of the convicted person’s passport, which is certified by the signature of the person who registered the marriage and the seal of the registry office.

Replenishment of love

Why do people get married? The question, it would seem, is completely meaningless, since people enter into marriage not “for what,” but “because.” Because they love each other, because they cannot imagine their future life without their loved one next to them. It's hard to disagree with this. Marriage is a natural consequence of the mutual love of a man and a woman. In this sense, it is valuable in itself and does not require additional justification.

But why has marriage become so fragile today, why does the number of divorces, according to existing statistics, often exceed the number of marriages? Where does the love and desire to be together go among young people who get divorced, sometimes without even having time to celebrate their first wedding anniversary?

Marriage concept

Grounds and procedure for invalidating a marriage.

In accordance with Art. 27 of the Family Code, a marriage entered into in violation of the conditions and (or) in spite of the obstacles provided for in Art. 12-14 and paragraph 3 of Art. 15 of the IC, as well as a marriage entered into without the intention of the spouses or one of them to start a family (the so-called fictitious marriage).

Another basis for declaring a marriage invalid in accordance with paragraph 1 of Art. 27 IC is the concealment by one of the persons entering into marriage of a sexually transmitted disease or HIV infection,

but not the very fact that one of the spouses has such a disease.
If the person entering into marriage did not hide the fact of his venereal disease or HIV infection, then there is no basis for declaring the marriage invalid. Thus, what has legal significance is not the presence of one of these diseases in a spouse, but the fact that he concealed them upon marriage, since in this case the health (and sometimes the life) of the other spouse and the unborn child is jeopardized. In addition, infecting another person with a sexually transmitted disease by a person who knew that he had this disease, as well as knowingly putting another person at risk of contracting HIV infection is a criminal offense (Article 121-122 of the Criminal Code). 11 Jul 2021 etolaw 891
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Casanova's mistake

From Adam and Eve, man and woman are attracted to each other, striving to restore the unity of a common nature. But why then does the Church so categorically condemn fornication? After all, if this attraction is inherent in their nature, then what is wrong with satisfying it, even outside of marriage? The modern ideology of so-called “free love” is built precisely on this natural attraction of the sexes. The main thesis of this ideology goes something like this: if a person has a need, he needs to satisfy it, because what is natural is not ugly. It sounds kind of complicated. But in its content this phrase is deeply erroneous and internally contradictory.

The fact is that the word “ugliness” is a Christian term meaning the absence of the image of God in someone. Man is created in the image of God, but it is not nature or nature that is the expression of this image in him. Christianity strictly separates the personality in a person and the nature that belongs to this personality. And since God Himself is a Person, His image in man is imprinted at the personal level. And nature is devoid of precisely this image, because it is faceless.

Marriage implies two levels of unity between spouses - personal and natural. In a Christian marriage, a person begins to understand with joyful surprise that that beauty of the soul, those virtues and personality traits that are so dear to him in his beloved, are nothing more than a reflection of the beauty of God’s image. And such a look at each other, as an icon of the Creator, of course, binds a man and a woman much stronger than ordinary natural attraction.

Fornication unites people only at the level of nature. This is a flawed form of human relations in which a man and a woman enter into physical intimacy only obeying the attraction of their nature, and completely ignore the personality, the image of God, in each other. Which, in fact, is ugliness, or lack of chastity, which is sometimes mistakenly perceived as a denial of bodily relationships in principle. In fact, it is in marriage that these relationships are chaste, since they imply a complete perception of the loved one.

The disadvantage of an unchaste attitude towards the opposite sex can be better understood using an example taken from the life of St. Peter and Fevronia of Murom.

“A certain man, sailing with his family in the same boat with Fevronia, began to stare at the princess. The holy wife immediately guessed his thoughts and gently reproached him: “Draw water from one side and the other of the boat,” the princess asked. “Is the water the same or is one sweeter than the other?” “The same,” he answered. “So female nature is the same,” said Fevronia. “Why do you, having forgotten your wife, think about a stranger?” The convicted person was embarrassed and repented in his soul.”

The amazingly calm, integral wisdom of St. Fevronia is clearly visible here. And against the backdrop of this wisdom is the outright stupidity of the “natural” impulse of a connoisseur of female beauty.

The unfortunate Count Casanova tried to scoop up the ocean with a teaspoon. Having wasted his life searching for his ideal in other people's beds, he never understood that the fullness of love is achievable only in marriage. When not only nature, but all his thoughts and aspirations, a person devotes his entire life without a trace to his chosen one. When the beauty of all the women in the world suddenly loses its meaning for a man, because all the feminine beauty and captivatingness in all its depth has already been revealed to him in his beloved wife.

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