Marriage: Honorable but not a must

 By  Theobin Fuh Tumfung

Marriage is created and ordained by God. As such, man who is God’s creation has adopted it.

Marriage and the subsequent formation of a family is the natural unit and basis of society, justifying the much importance society places on marriage. There exist Biblical references about the sanctity and beauty of marriage such as Ephesian 5:23-25 and 1Corinthians 7: 1-2

 These references have led many to think that marriage with its honorability is compulsory.  Not the case!

Marriage is one of the human rights enshrined in the 1948 Universal Declaration of Human Rights. The Declaration stipulates in its Article 16(1), “Men and women of full age without any limitation due to race, nationality or religion have the right to marry and form a family.”

Hence, marriage is a right that everybody has, which should not be denied those who have attained the legal age for marriage and want to exercise it.  

 However, an individual may decide to derogate the right to marry.

Marriage is an agreement between a man and a woman to enter in to a legal permanent relationship.

Cameroon allows for two kinds of marriages: monogamy and polygamy

 Monogamy is defined as a voluntary union between one man and one woman to the exclusion of all others while   polygamy is a union between one man and two or more wives to the exclusion of other men. Monogamy and polygamy in Cameroon are governed by the 1981 Civil Status Registration Ordinance.

 Since marriage is a life-long commitment and the beginning of a family,  Cameroon law requires that, an individual who intends to get married  must fulfill certain conditions , which include: the intending spouses must be male and female(This  automatically outlaws same-sex marriage in Cameroon), the parties must be eighteen years and above, the parties  must not be involved in a previously un-dissolved monogamous marriage; they must not be related by blood or marriage; the intending spouses have to fully consent to the marriage. Consent to marriage is salient and must be given freely by both intending spouses.

 Article 16(2) of the Universal Declaration of Human Rights states that, marriage shall be entered in to only with the free and full consent of the intending spouses.

Cameroon Penal Code, Section 356, punishes with imprisonment from 5 to 10 years and with fine from 25000 – 100,000 FCFA anyone who compels another to marry without his/her consent.

 After fulfilling aforementioned conditions at least one month before the celebration of the marriage, the parties must declare their intention to marry before a civil status registrar of the place of residence or birth of one of the intending spouses.

30-day banns shall be published by the civil status registrar on the notice board of the registry. Such publication enables anyone who has legitimate interest in the wedding to object to it.

 Upon the expiry of a 30-day period and without any objection to the marriage, it shall be celebrated before the civil status registrar in the presence of the spouses and two witnesses.

The marriage certificate shall be signed by the registrar, the witnesses and the spouses; each spouse shall receive an original copy of the marriage certificate, and a copy archived at civil status registry.

What legalizes a marriage is its solemnization before a civil status registrar. Church wedding is purely ceremonial and has no legal backing.

Cameroon Civil Status Ordinance renders payment of dowry as a pre-condition for marriage futile. Its section 70(1) says the total, partial or non-payment of dowry shall have no effect on the validity of marriage.

 Thus, intending spouses need not worry about payment of bride price/dowry before legalizing their marriage.

But Cameroonians attach much importance to culture and traditions. Many think bride rice ought to be settled before legalization of marriage.

Some say the non-payment of bride price before marriage could have negative effects on the union in the long-run.

In today’s society, individuals cohabitate for long, claiming to be married, whereas they are still to get married as legally required.

 Cohabitation is not a crime but has disadvantages. In case one party dies, the other party cannot claim property of the deceased irrespective of the length of time both spent together. Even if both cohabiters have children one party could still abandon the “fake marriage” and marry a different person.

Legalizing a marriage  prevents relatives of  deceased spouse from claiming proprietary interest in his/her property since the bereaved spouse is first in line of succession, with regard to right  to the deceased’s property.

Indeed, marriage is honorable and makes people more responsible.  Among other benefits, married couples command respect in society

Many people today are under pressure to get married; the pressure does not only come from within them but also from the society. They should understand that, it is better to remain single and be responsible somehow than marry unprepared or the wrong person and usher in a bleak future

Not getting married is neither a sin nor crime. There exist no penal sanctions to people who prefer to stay single.  Even the Bible does not oblige anyone to get married .1 Corinthians 7:9 says: ‘If they cannot exercise self-control, it is better for them to get married than burn with passion.” In other words, this verse means that, if a person can exercise self -control, then he or she is free to remain single

Courtesy:Africa Excellence Magazine,Cameroon