"Marriage is 100% commitment to a DEFECTIVE individual."- George MacDonald-
Hundreds of thousands of singles just like me are longing to get married. But before considering marriage, it is indispensable to have a better understanding of its concept and the marriage per se.
Article 1. of THE FAMILY CODE OF THE PHILIPPINES defines marriage as:
“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.”
Now, let us scrutinize the aforementioned provision of the law that defines a VALID marriage as:
1. A special contract
- it is not an ordinary contract, that means parties cannot stipulate terms and conditions except in their property relations e.g. Pre-nuptial Agreement, etc. because their rights and duties are fixed by law. Hence, the law prescribes penal and civil sanctions for breach of the obligations of husband and wife.
2. Permanent
- the parties cannot simply terminate it without legitimate grounds. Philippine jurisprudence contemplates that any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution.
3. Between a Man and Woman
- The sex of the parties must be Male and Female because procreation of children through sexual cooperation (a marital obligation) is the basic end of marriage. Hence, same sex-marriage is an absolute taboo.
4. In accordance with law
- The contracting parties must comply with the essential and formal requisites provided by The Family Code.
5. For the establishment of conjugal and family life
- A mutual promise to live together in the relationship of Husband and Wife in law for life.
6. Foundation of the Family
- Marriage preserves the family unit.
7. Inviolable Social Institution
- marriage has been viewed as vital to the preservation of morals and civilization.
8. Governed by law and NOT subject to stipulation
- It is the law that has the sovereign authority over the marital conflicts and obligations thus, the parties cannot stipulate the terms and conditions except the property relationships e.g. Pre-nuptial Agreement, etc.
Is the Family Code of the
*YES.
The Bible says in Genesis 2:24-25:
“24 For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh. 25 The man and his wife were both naked, and they felt no shame.’
1. A special contract
- The contracting parties in an ordinary contract do not become one flesh since it is merely a meeting of minds.
2. Permanent
- Romans 7: 2
2For example, by law a married woman is bound to her husband as long as he is alive, but if her husband dies, she is released from the law of marriage.
- Marriage is a covenant with God; a lifetime commitment to ONE person.
- Malachi
- Matthew :32 32But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become an adulteress, and anyone who marries the divorced woman commits adultery.
3. Between a Man and Woman
- Genesis 2:22
“22 Then the LORD God made a woman from the rib [i] he had taken out of the man, and he brought her to the man.”
- When God created a partner for Adam He created Eve - not another Adam. Apparently, God had intended the human race to be fulfilled through heterosexual marriage only, (a union between male and female) because it corresponds to the design of our bodies and because it is the normal means by which offspring are created.
4. In accordance with law
- Marriage must be in accordance with the biblical standards. The whole chapter 7 of 1 Corinthians provides essential principles for eternal marriage.
5. For the establishment of conjugal and family life
- Procreation is part of God's plan (Genesis chapters 1 and 2).
6. Foundation of the Family
Genesis 2:8
“8 The LORD God said, "It is not good for the man to be alone. I will make a helper suitable for him."
- God’s ideal for family is participation of both mother and father in the procreation and raising of children.
7. Inviolable Social Institution
- Marriage must be a community of life.
8. Governed by law and NOT subject to stipulation
- The bible says we must submit to the authority of men.
Hebrews 13: 17
“17Obey your leaders and submit to their authority.”
In light of the recent push to legalize homosexual marriage, I've listened to lots of Christians talk about the importance of the sanctity of marriage. But so many people don't provide solid reasoning. Thank you for sharing a sound argument for the sanctity of marriage and an interesting legal perspective
ReplyDeletethat's very encouraging to hear, thanks also :)
ReplyDeletehi ms law, nagkaroon ng anak sa ibang girl ang husband ko noong Dec. 2005. Nalaman ko na sunod sa surname ng husband ko ang bata. Pumirma sya sa birth cert. ng bata na sya ang ama. Ginawa nyang dependent ang bata sa Phil health at BIR. Nagpapadala sya ng pera para sa bata at kinuhanan nya ng bahay ang mag ina. Kung sakaling tuloy pa ang relasyon nila ng babae, pwede ko bang gamiting evidence ang birth certificate ng bata pagkinasuhan ko sila ng concubinage?
ReplyDeleteDear ms law, I posted a comment last week until now wala pa po reply. If in case you didnt received, post ko uli. Question ko po, pwede bang evidence sa concuvinage na kaso ang birth cert. ng bata na acknowledge ng tatay? Yung husband ko nagkaanak kasi sa ibang babae balak ko sampahan kaso kung sakali patuloy pa rin relasyon nila.
ReplyDeleteoo pwedeng pwede...
ReplyDelete