Church in the World

Contract advised for Catholic women marrying Muslims

Germany

Catholic/Muslim couples are advised to sign a marriage contract before they marry, according to a special brochure published by the Catholic diocesan council in Hildesheim, just south of Hanover.

The brochure has been produced following a growing number of marriages between Catholics and Muslims, and underlines the two religions' very different understanding of the institution.

Catholic marriage, the brochure points out, is a sacrament and indissoluble, while in Islam it is only a civil law contract that the husband can dissolve at any time. According to traditional Islamic law, a Muslim man may have up to four wives while Catholic marriage is monogamous. Another difference is that, according to Islamic law, a Muslim man may marry a non-Muslim woman, but a Muslim woman may only marry a Muslim man.

Although Islamic law does not apply in Germany, Catholic/Muslim marriages can lead to great tensions and conflicts in Muslim families, the brochure says.

According to Catholic canon law, the fact that one partner is Catholic and the other Muslim is an impediment to marriage, but a dispensation can be obtained from the Catholic partner's bishop or his deputy. The Catholic partner must, however, promise to remain true to his or her faith and to do everything within his or her power to have the children baptised and bring them up as Catholics. The other, non-Catholic, partner must be made aware of this promise and both partners must be acquainted with the Catholic interpretation of marriage.

The marriage contract should include the following points: the indissolubility of the marriage; permanent place of residence and the exclusion of emigration to the Muslim's native country; maintenance provision; the woman's right to work; the woman's right to receive visitors and travel; details concerning the children's education and custody.

Commenting on the brochure in a radio interview, Dr Peter Hünseler, who spent 15 years in Baghdad and is responsible for Christian-Muslim relations at the German bishops' conference, said the brochure was "very necessary". It was important that a Muslim husband sign a legally binding marriage contract before a notary, he said.

The Bavarian constitutional court has dismissed a claim by Muslims in Berlin that the law forbidding Muslim teachers to wear headscarves, which Bavaria passed in 2005, and which is still in force, was unconstitutional.