Canon Law: Age Limits In Marriage

Canon Law, which governs the rules that Catholics are obliged to follow, sets out the requirements for a valid marriage. These include the canonical age, which is the minimum age at which a person can enter into a marriage. The canonical age for men is 16 years, and 14 years for women. However, the Episcopal Conference may establish a higher age for the lawful celebration of marriage. In some countries, dispensations from the required ages are expressly granted, and in certain circumstances, a bishop may dispense an individual Catholic from the canonical form.

The canonical age for marriage is 16 for men and 14 for women

Canon Law, which is the internal legal system of the Roman Catholic Church, dictates that the canonical age for marriage is 16 for men and 14 for women. This has been the case since 1917, when the Church raised the minimum age of marriage for females from 12 to 14.

The Code of Canons of the Eastern Churches also states that the canonical age for marriage is 16 for men and 14 for women. This is in contrast to some other religious interpretations of marriageable age. For example, Talmud advises males to marry at 18 or between 16 and 24, while in classical Islamic law, the marriageable age coincides with the onset of puberty.

In the past, the minimum age for marriage has varied across different cultures and societies. For instance, in medieval Eastern Europe, it was common for girls aged 13-15 to marry, with the average age of menarche (first menstruation) being 14. In Spartan marriages, females were around 18, while males were around 25. In Roman times, the age of marriage was 12 for females and 14 for males, and in England until 1753, the minimum marriageable age was 12 for females and 14 for males.

Over time, there has been a trend towards raising the minimum age for marriage, with some US states, for example, gradually increasing the age over the 20th century. In the US, the minimum age for marriage is now set by each state, with the general marriage age being 18 in all states except Nebraska (19) and Mississippi (21). However, some states allow marriage under the general age with parental consent or in exceptional circumstances, and the minimum underage marriage age can be as low as 15 in some states.

The Episcopal Conference may establish a higher age

Canon Law governs the age at which a person can marry, with the minimum age for men set at 16 years and 14 years for women. However, the Episcopal Conference, a permanent body of bishops, has the authority to establish a higher age for the lawful celebration of marriage. This is in keeping with their role in setting liturgical norms and their specific authority granted by Pope Francis to "faithfully prepare".

The Episcopal Conference is defined by geographic borders, often national ones, with all the bishops in a given country belonging to the same conference. For example, the Scandinavian Bishops Conference includes the bishops of Denmark, Finland, Iceland, Norway, and Sweden, while the United States Conference of Catholic Bishops includes the bishop of the US Virgin Islands.

The nature of Episcopal Conferences and their authority was clarified by Pope John Paul II in 1998, who stated that their declarations "constitute authentic magisterium" when approved unanimously or with a two-thirds majority, provided they receive recognition from the Holy See. This was further emphasised by Pope Francis in 2013, who expressed his desire to grant Episcopal Conferences "genuine doctrinal authority".

The decisions of an Episcopal Conference are subject to ratification from the Holy See, and individual bishops retain their immediate authority over the governance of their respective dioceses. The Congregation for Divine Worship and the Discipline of the Sacraments support the Episcopal Conferences in their tasks, and any liturgical translations they recognise must be confirmed by the Holy See.

Marriage is not permitted before natural puberty

In the context of canon law, marriage is not permitted before natural puberty. This is based on the understanding that marriage entails certain responsibilities and expectations that individuals must be physically and mentally mature enough to handle.

Canon Law sets a minimum age for marriage, with men not permitted to marry before completing their sixteenth year and women before their fourteenth year. However, the Episcopal Conference may establish a higher age for the lawful celebration of marriage, taking into account regional customs and norms. These age restrictions are in place to ensure that individuals are physically and emotionally mature enough to enter into the sacred bond of marriage.

The concept of natural puberty plays a crucial role in determining marital eligibility. Puberty signifies the onset of physical and hormonal changes that prepare individuals for adulthood and the associated responsibilities. It is generally expected that a person will be physically mature for marriage after the onset of puberty, not before. This aligns with the understanding that marriage includes the potential for sexual intercourse and procreation, which requires physical maturity.

In certain religious contexts, such as Islam, there are differing interpretations. Some scholars interpret Shariah law to permit marriage to a young girl before she reaches puberty, citing examples from the Prophet's life. However, it is important to distinguish between marriage and consummation. Even if a minor girl is married, it is generally agreed that intercourse should not occur until she is physically and biologically capable, demonstrating the importance placed on natural puberty across various traditions.

While canon law sets a minimum age for marriage, it also recognises the authority of local customs and religious figures in establishing specific age requirements. This flexibility allows for the consideration of regional variations in maturity and cultural norms while upholding the principle that marriage is a commitment best undertaken by individuals who have reached physical and emotional maturity, typically marked by the onset of natural puberty.

A local Ordinary can dispense subjects from impediments of ecclesiastical law

In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of the law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. Dispensation is not a permanent power or a special right, as in privilege. If the reason for the dispensation ceases entirely, then the dispensation also ceases entirely. If the immediate basis for the right is withdrawn, then the right ceases. There must be a "just and reasonable cause" for granting a dispensation.

The local Ordinary can dispense his own subjects wherever they are residing, and all who are actually present in his territory, from all impediments of ecclesiastical law, except for those whose dispensation is reserved to the Apostolic See. The impediments whose dispensation is reserved to the Apostolic See include the impediment arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical right, and the impediment of crime mentioned in Canon 1090. A dispensation is never given from the impediment of consanguinity in the direct line or in the second degree of the collateral line.

In urgent danger of death, the local Ordinary can dispense his own subjects residing anywhere and all actually present in his territory both from the form to be observed in the celebration of marriage and from each and every impediment of ecclesiastical law, whether public or occult, except the impediment arising from the sacred order of presbyterate. The Impediment of Prior Bond can never be dispensed. When a matrimonial impediment is common to both parties, the bishop, in dispensing his own subject, dispenses the other as well.

In such a public case, a dispensation from the irregularity could only be granted by Rome. If, in contrast, the prior apostasy, heresy, or schism of a candidate for the priesthood were a private matter that relatively few people were even aware of, the bishop could dispense the man himself.

Dispensation can be granted for merely ecclesiastical laws

Dispensation in Catholic canon law is an act whereby a lawful superior grants relaxation from an existing law in a particular case. It is important to note that dispensation is not a permanent abrogation of a law but rather a relaxation of a law in a specific instance.

The Code of Canon Law differentiates between laws created by men, described as "merely ecclesiastical," and divine laws, or laws established by God. The former can be changed or dispensed, while the latter cannot be altered by humans and must be obeyed.

In the context of marriage, a matrimonial dispensation is the relaxation of an impediment prohibiting or annulling a marriage. It can be granted in favour of a contemplated or already contracted marriage, in secret or public cases, and in the internal or external forum. The power to dispense in the internal forum is not restricted solely to secret cases. The pope, as the highest authority, cannot dispense from impediments founded on Divine law. However, he possesses full dispensing power regarding impediments arising from ecclesiastical law.

According to Canon 1072, pastors of souls are to dissuade young people from entering marriage before the age customarily accepted in their region. While Canon 1083.1 sets the minimum age for a man to enter marriage as sixteen years and fourteen years for a woman, Canon 1083.2 allows the Episcopal Conference to establish a higher age for the lawful celebration of marriage.

In conclusion, dispensations can be granted for merely ecclesiastical laws, and in the context of marriage, this can include age requirements as long as they are not contrary to Divine law. The authority to grant dispensations and the specific conditions under which they are granted may vary depending on the particular canon laws and the ecclesiastical authorities involved.

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