Last week, the Law Reform Commission introduced a bill to replace the troubled Domestic Relations Bill that included among others, proposals allowing women married to impotent men to divorce them.A cross section of religious leaders have denounced the proposals in the recent Marriage and Divorce Bill, saying they degrade the role of religion in marriage.
Sheikh Ibrahim Kirya, the Spokesperson of the Mufti Sheikh Zubair Kayongo said the Muslim community would not adhere to the new bill because Islam has its own rules on marriage.“As for the new changes, we, the Muslims, are not concerned because marriage is part of worship and therefore it has its own rules. We are not ready and will not abide by them (new bill) except if they are following the Sharia law,” said Sheikh Kirya.It also allows for cohabiting couples to have equal rights to property that they have accumulated while staying together and giving the Minister of Justice powers to determine and licence places where marriages can take place.
Fr. Larry Kanyike, the chaplain of St Augustine Chapel at Makerere University, said the bill weakens the institution of marriage and seems to be opposing the Church in the running of marriages.
“The law takes precedent from the commitment of the two married people to other things like material wealth and property,” Fr. Kanyike said.
Fr. Kanyike however chips in saying if the impotence started after the man had got married, then there is no reason for divorce.Sheikh Kirya says the case of impotence of the man is left to the woman to decide in Islam, and that can depend on things like whether the man was impotent from the start of the marriage.
Rev. Senyonyi also notes that the Bill creates for the increase in materialistic-founded relationships which are already wide spread in society.“Marriage is a union of two people committed to each other. The issue of cohabiting brings problems because soon, people will be willing to marry because they are committed to your property and not to you as a person. That is the reality of our degeneration in society today,” he said.
On Tuesday, the Law Reform Commission lashed out at the Catholic Church for having concerns over the Bill, especially with divorce.
The worldwide Roman Catholic Church has for centuries been against divorce, with this being the one of the main causes for the breakaway of the Protestant Church in the 15th century, after the English King, was denied a chance to divorce by the pope. This was after his wife failed to bear him an heir.
Fr. Kanyike and Sheikh Kirya vow to continue teaching their faithful the true ways of marriage that their faiths dictate, a stance that puts the law making body and the government on a war path with the religious establishment.
In the bill, bridal wealth or bride price is set to be abolished meaning it is not a prerequisite for marriage. But if a suitor decides to pay bridal price, whatever he gives will be considered bridal gifts that are not refundable upon resolution of the marriage according to the bill. Ms Justine Arinaitwe Sserwanga who has been married for five years is happy and in full support of this clause. “It took my husband two years of diligent saving to come up with the required Shs3 million by my parents before they could officially give me away and recognise him,” she said.
Another clause in the bill seeks to recognise cohabiting couples for more than two years. According to the bill: “Spouses or cohabitees may make an agreement during marriage or cohabitation with respect to the ownership and distribution of property on dissolution of marriage or cohabitation.” The catch here is that a couple must make an agreement prior to, or when cohabiting in accord of how to share property in the event of a separation.
It is only fair that a woman shares a man’s property if they have stayed for this long, according to Ms Farida Kasasa the woman MP for Mubende District. “Much as a woman may not be working, we are looking at her contribution to a man’s welfare in terms of ironing his clothes while he goes to work, providing companionship, and looking after the home.”
The MP, however, thinks people might misuse this law and marry for a few years before asking for their share in property.
But the fiery and tough-speaking Miria Matembe allays such fears. She says court does not just grant divorce to whoever walks in asking for it. “There must be reasonable grounds for divorce and there must be proof that a couple has tried all means of reconciliation and have failed.”
Impotence is the other aspect that is drawing a lot of contention from the public but Jackie Asiimwe Mwesige a women’s activist, says this law has been in existence but that the public did not know it existed.
This clause says: “A civil marriage is voidable where one of the parties to the civil marriage conceals a material fact such as impotence.
Some of the proposals in the Marriage and Divorce Bill
- The minister may license any place of public worship to be a place for the solemnisation of marriages and at any time, cancel the license.Widow inheritance is prohibited.
- A man shall not marry a widow through the custom or practice of widow inheritance.
- A man may marry his relative’s widow where both the man and the widow, with the free consent, adopt any form of marriages provided for under this act.
- A marriage is voidable where one of the parties to the marriage is permanently impotent.
A voidable Christian marriage is, for all purposes, a valid marriage until it is annulled by a decree of a competent court at the instance of the innocent party.
- The consent of a parent, relative, clan elder or any other person than the respective parties to the customary marriage shall not be a requirement for the validity of any marriage solemnised, celebrated or contracted under this part.
- Any matrimonial property, (matrimonial home, house hold property in the above home, any other property acquired before or during the subsistence of the marriage), shall be owned in common.
- Spouses or cohabitees may make an agreement during marriage or cohabitation with respect to the ownership and distribution of property on dissolution of the marriage or cohabitation.
- In cases of polygamous marriages, matrimonial property acquired by the husband and the first wife shall be owned in common by the husband and the first wife in respect of the matrimonial property acquired before the husband married the second wife.