The Essential Qualities of Marriage

It is hard to express how gob-smacking and insulting this French appeals court ruling on a marriage is. Tragic for the couple involved, but even more so for France, if a handful of witless ‘feminists’ and judges can overturn global human understandings of what a marriage is.

Summary of events – Islamic husband rejects wife on wedding night when he discovers she is not a virgin. She agreed the next day to his request for annulment of the marriage. Lower court annuls marriage, but ‘feminists’ howl, so gutless minister forces state to appeal, and appeal court overturns ruling. Meaning the marriage still stands, despute niether husband nor wife considering their marriage valid, and dishonesty of 1 party to the marriage going into it.

Stunning. At the heart of this decision is what the court accepts to be the ‘essential qualities’ of a marriage, breach of which are grounds for annulment. The French appeal court claims that a spouse lying, and misrepresenting their sexual history do not undermine the trust and love necessary for marriage. Which makes you wonder what French appellate judges consider marriage to be? I wouldn’t trust a business partner who lied to me, let alone misrepresented their business history to me; how much more important to be upfront in an intimate relationship like marriage?

Article 16 of the UN Declaration of Human Rights states:

Marriage shall be entered into only with the free and full consent of the intending spouses.

How can the a spouse give ‘free and full consent’ if that consent is undermined by lies by the other contracting partner? Quite apart from trust, it is a legal nonsense.

And the court appears to have overlooked the implications – the most obvious of which is that they have come within a hair’s breadth of legalising adultery, and nullifying millions of divorces! After all, adultery involves a spouse lying about their sexual activity – same as this wife – but about sexual activity after the marriage takes place rather than before (as for the wife in this case).

But if sexual history and honesty about that history are not ‘essential qualities’ of marriage, a strong case can be made that post-marital adultery is no more a breach of marriage than ‘pre-marital adultery’ (fornication). With adultery being the sole grounds for a huge proportion of divorces, the Douai appeals court may have rendered such divorces void. Which would make for a really awkward Christmas, to say the least…

Sadly, a large part of the reaction against the initial annulment that led to this crackpot appellate ruling, seems to have been anti-Muslim bigotry. References to virginity having no place in marriage in this ‘democratic and secular’ France reveal nothing about the state of the claimed marriage, but a lot about the attitudes of those pushing the annulment overturn. Notice these hypocritical ‘feminists’ have not been howling over the woman who ‘divorced’ her husband over his ‘Second Life’ computer game adultery

Get a brain ‘feminists’ & French courts – no spouse (male or female) has a ‘human right’ to cheat on their husband or wife before or after the marriage. Lying about it certainly undermines the whole basis of marriage – the two people becoming one in love.

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3 Responses to “The Essential Qualities of Marriage”

  1. ZenTiger Says:

    hat is an interesting situation.

    Firstly, it was an arranged marriage.

    Secondly, both parties wanted out.

    Thirdly, the court is not granting an annulment even though both “consent” to it. However, I’m surprised that they simply cannot get an annulment based on any other number of reasons, as most people in France can get divorced easily.

    The moral issue of not being full and frank prior to marriage is a trickier one. I can see why she said nothing, given that the marriage was arranged by their families. That environment would add much pressure, which all exploded on the wedding night.

    I wouldn’t put it in the same category as adultery following marriage, but we can see how being quiet about this has ultimately ended a relationship after 2 years of courtship.

    There cannot have been enough love and healthy communication between them during this courtship time to make the previous indiscretion irrelevant, and that speaks volumes.

  2. squaredrive Says:

    Interesting – my outrage at the basis of the annulment overturn meant I hadn’t looked closely at the effect of the marriage being arranged, nor at the lack of love to overcome past infidelity.

    Something to learn for everyone, perhaps.

  3. ZenTiger Says:

    It was certainly an interesting story to raise these issues. I liked your points about the importance of honesty and subsequently fidelity.

    I’m just looking into the gay marriage issue at the moment, having not looked hard before at the various arguments and motives made by both sides, and the issue is much more complex than I first thought.

    The best way to discuss the issues involved is therefore also complex. Stories such as this, the Nia Glassie story, and the Muslim view of having many wives all are impacted by the way we view marriage, and the importance of promoting a marriage ideal for society to benchmark us against plays a part in these thoughts.

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