| ON POLYGAMY IN WEST AFRICA |
Polygamy and its Socio-Cultural, Theological and Ecclesiastical Contexts:
The Church of the Province of West Africa.
– Rev. Jacob Owusu Kyei-Baffour
Polygamy is the “thorn in the flesh” for many African Christians as well as the wider Church. There
have been some theological and sociological reflections on the issue of polygamy in the African Church, but there is no agreeable statement on the acceptance of its practice in the Church.
Wikipedia defines polygamy in the social anthropology context as “the practice of marriage to more than one spouse simultaneously. In contrast, monogamy is the practice of each person having only one spouse. In sociology, polygamy is used in a broad sense to mean any form of multiple mating.”1
This paper therefore examines polygamy in its socio-cultural, theological and ecclesiastical contexts in relation to the Church of the Province of West Africa. It is also to invite the wider Church and in particular the Churches in Africa to have proper discussion on the issue of polygamy. The Church cannot push polygamy aside in the 21st Century Christianity in Africa.
Socio-Cultural Perspective of Polygamy
In every human institution, there are sets of ideas about what is good or bad, right or
wrong, acceptable or unacceptable, behaviour; and what is considered to be reprehensible behaviour (moral values). As Asare Opoku puts it, “These notions have a great deal of influence on the conduct of the members of that particular society, and usually based upon some recognised authority whose sanctions are accepted and obeyed.”2 The members of the Church of the Province of West Africa find themselves in the tension between tradition (culture) and the teachings/laws of the Church, because many Anglicans find themselves living in two societies (the Church and the traditional community).
It is a popular belief in Africa that God is generally regarded as the “overlord of society and Final Authority in all matters.”3 It is also believed in African society that polygamy is ordained and approved by God who is overlord of the society. Therefore, it is right and proper to embrace it in the society and honour it with all reverence. Krass (1991) approaches the discussion on how the Church in Africa should reach out to many people affected by
Polygamy by pointing out that, “There are some communities in Ghana where accepting people into the Church in groups may be meaningless, because of one big ‘thorn in the flesh’ (polygamy).”4 He refers to the ‘thorn in the flesh’ as the position which the Church has usually taken during the past hundred or more years in Africa about polygamy.
The General Secretary of the Zimbabwe Council of Churches (ZCC), Densen Mafinyani, on the issue of polygamy, urged the World Council of Churches (WCC) to “stop quibbling over whether an African Church which tolerates polygamy should be accepted as a member of WCC,”5 citing Celestial Church of Christ, an “African Institution” established in Nigeria seeking membership of the WCC. The decision on whether or not to admit the Celestial Church was initially deferred, apparently because the Church tolerates polygamy among its clergy. Mafinyani, commenting on the issue, says, “The WCC was intellectually refined and theologically advanced, but out of touch with real people”6 (Africans). He stresses that polygamy is not a problem for the local churches in Africa. Polygamy therefore, in the African mindset, can reflect status and is not viewed as something wrong or evil.
Theological Perspective
Sherif Abdel Azim (PhD – Queens University, Kingston, Ontario, Canada) contributes to the discussion about Polygamy by explaining that it is a very “ancient practice found in many human societies.” He argues that the Bible did not condemn polygamy. To the contrary, the Old Testament and Rabbinic writings frequently attest to the legality of polygamy. King Solomon is said to have had 700 wives and 300 concubines (1 Kings 11:3). Also, King David is said to have had many wives and concubines (2 Samuel 5:13). The Old Testament does have some injunctions on how to distribute the property of a man among his sons from different wives (Deut. 22:7). The only restriction on polygamy is a ban on taking a wife's sister as a rival wife (Lev. 18:18). The Talmud advises a maximum of four wives. European Jews continued to practice polygamy until the sixteenth century. Oriental Jews regularly practiced polygamy until they arrived in Israel where it is forbidden under civil law. However, under religious law which overrides civil law in such cases, it is permissible. But the question is, whether polygamy is a theological issue, over and above its economic and socio-cultural dimension.
Sherif Abdel Azim, quoting Father Eugene Hillman from his book, states that "Nowhere in the New Testament is there any explicit commandment that marriage should be monogamous or any explicit commandment forbidding polygamy." Moreover, Jesus has not spoken against polygamy though it was practiced by the Jews of his society. Father Hillman stresses the fact that the Church in Rome banned polygamy in order to conform to the Greco-Roman culture (which prescribed only one legal wife while tolerating concubinage and prostitution). Father Eugene cited St. Augustine saying "Now indeed in our time, and in
keeping with Roman custom, it is no longer allowed to take another wife." African churches and African Christians often remind their European brothers that the Church's ban on polygamy is a “cultural tradition” and not an “authentic Christian injunction.”7
Bishop Osei-Bonsu (Catholic Bishop, Ghana) contributing to the discussion observes that “one issue that is a constant source of headache for the African clergy is the question of polygamy in the form of polygyny. Bishop Osei-Bonsu put a question for reflection – “What does the priest do when a polygamist wants to receive baptism and be admitted to the other Sacraments?” He carefully analyses them by saying, the answer for most mainline or historic churches (Roman Catholic, Anglican, Methodist, Presbyterian, etc.) is that such people cannot be admitted to the Sacraments. He explains that, “monogamy is said to be the Christian norm, and thus anyone who wants to be a Christian or is a Christian must abide by this teaching.” As a result of this, thousands of African men and women cannot be admitted to the “Sacrament,” because they find themselves in a polygamous relationship,8 The question is, “Is this the right solution to the problem? Interestingly, the Church does not refuse their financial contributions to the Church’s mission activities. The Anglican Church in Ghana aacknowledges the universal need to do comprehensive analysis of the issue of polygamy and the Church, and then, come out with an official statement on the subject.
According to Sherif Abdel Azim, in most human societies, females outnumber males. He cites the U.S., where there are, at least, eight million more women than men. In a country like Guinea there are 122 females for every 100 males. In Tanzania, there are 95.1 males per 100 females. What should a society do towards such unbalanced sex ratios? There are various solutions, some might suggest celibacy; others would prefer female infanticide (which does happen in some societies in the world today). Others may even go to the extreme of thinking that the only outlet is that the society should tolerate all manners of sexual permissiveness: prostitution, sex out of wedlock, homosexuality, etc. For other societies, like most African societies today, the most honourable outlet is to allow polygamous marriage as a culturally accepted and socially respected institution.
Sherif Abdel Azim further stresses that, the point that is often misunderstood in the West is that women in other cultures do not necessarily look at polygamy as a sign of women's degradation. For example, many young African brides, whether Christians or Muslims or otherwise, would prefer to marry a married man who has already proved himself to be a responsible husband. Many African wives urge their husbands to get a second wife so that they do not feel lonely.
A survey examined by Sherif Abdel of over six thousand women, ranging in age from 15 to 59, conducted in the second largest city in Nigeria showed that 60 percent of these women would be pleased if their husbands took another wife. Only 23 percent expressed anger at the idea of sharing with another wife. Seventy-six percent of the women in a survey conducted in Kenya viewed polygamy positively. In a survey undertaken in rural Kenya, 25 out of 27 women considered polygamy to be better than monogamy. These women felt polygamy can be a happy and beneficial experience if the co-wives cooperate with each other. Polygamy in
most African societies is such a respectable institution that some Protestant churches are becoming more tolerant of it.
A bishop of the Anglican Church in Kenya declared that, "Although monogamy may be ideal for the
of love between husband and wife, the church should consider that in certain cultures polygyny is socially acceptable and the belief that polygyny is contrary to Christianity is no longer tenable." After a careful study of African polygamy, Reverend David Gitari of the Anglican Church has concluded that polygamy, as ideally practiced, is more Christian than divorce and remarriage as far as the abandoned wives and children are concerned. Some highly educated African wives who, despite having lived in the West for many years, do not have any objections to polygamy.
Ecclesiastical Perspective
The Ghanaian legal system is based on English Common Law and Customary Law. Article 11 of the 1992 Constitution identifies sources of Ghanaian law as: constitution, legislation,; orders, rules and regulations,existing law,and common law.9
The existing law is defined as “written and unwritten laws of Ghana predating current constitution, as adopted to conform to the Constitution of Ghana. Article 270 (1) also provides recognition of the Institution of Chieftancy, together with its traditional councils under Customary Law.10 As Akua Kuenyehia comments, “Before 1884, there was only one legally recognised marriage in Ghana, i.e. marriage under Customary law, the personal law of the Ghanaian.” But now there are three systems of marriage recognised by law in Ghana:
Marriage under Customary law
Marriage under the Marriage Ordinance
Marriage under the Marriage of Mohammedans Ordinance
Polygamy is governed by classic or customary law, and all customary marriages are defined as potentially polygamous under Ghanaian law. As commented by Akua Kuenyehia and Esther Ofei-Aboagye (Family law in Ghana and its implications for women) “even though customary marriages are potentially polygamous, they are not necessarily so, especially in the urban areas, where influences of all kinds are brought to bear on the parties and so they tend to live together as a nuclear unit.”11
It is also possible to terminate a customary law marriage by application to the court under Matrimonial Causes Act, and divorce may only be granted if the court concludes irreparable breakdown. Courts hearing suits for divorce among polygamous marriages are directed to apply the Matrimonial Cause Act directing guidance by justice equity and good conscience in determination of post divorce reliefs and custody of children.12
In the context of evangelisation, what is the position of the Church worldwide? Is the Church excluding those involved in polygamous relationships from the love and free gift of God, or
the Sacraments and the governance of the Church? What does the Church say about polygamy? The Marriage Ordinance (Ghana) states that “marriages are to be monogamous and prohibits men from marrying again (unless they legally divorce).” This contradicts customary law and Islamic Sharia law, both of which allow polygamy (in the case of Sharia, a man may register up to four wives). The Marriage Ordinance makes no allowance for a second marriage under customary or Sharia law. Similarly, men who have a first wife by customary law cannot contract a subsequent marriage under the Marriage Ordinance. Despite these legislations, a considerable number of men married under classical law are in bigamous marriages (or have been at some point in their lives). An estimated 22 per cent of women in Ghana are in polygamous relationships.13
This suggests that “polygamy” is one of the biggest challenges in the life of the Church in Africa. Therefore this (polygamy) warrants further discussion, seminar/workshops in order to have scientific and universal approach to the doctrine of polygamy.
EDITOR'S NOTE:
We invite Caribbean scholars and theologians to contribute to this discourse in terms of its parallelisms and divergencies in Caribbean societies, cultures and religion.
1 http://en.Wikipedia.org/wiki/polygamy- Polygamy exists in three specific forms, including polygyny (one man having multiple wives), polyandry (one woman having multiple husbands), or group of marriages (some combination of polygyny and polyandry). Historically, all three practices have been found, but polygyny is by far the most common in the world. Confusion arises when the broad term “polygamy” is used when a narrower definition is really meant.
2 See Asare Opoku (p.168)
3 See Asare Opoku (p 168)
4 Krass (47-48) In some villages in Africa, the chief or the head of the family and the elders are polygamists. If the Church can not bring the community’s chiefs or elders into the Church, how can it bring in the community as a unit?
5 Ecumenical News International (3-14 December 1998) Harare, Zimbabwe.
6 Ecumenical News International (3-14 December 1998) Harare, Zimbabwe.
7 See Sherif Abdel Azim – Women in Islam versus Women in the Judaeo-Christian Tradition: The Myth and the Reality. Queens University Kingston, Ontario, Canada.
8 See Osie-Bonsu. J., A Christian and African. (1994)Pp29-31. Herod the Great (37-4B.C) had ten wives (Josephus, Ant. 17, 19f.; JW 1, 562) and a considerable harem (JW 1 511). Josephus, a contemporary of Jesus, mentioned in two places that polygamy was practised by some of the Jews of his day. (cfJW1, c. 24, section 2; Ant. Xvii. 1.2-3).
9 See 1992 Constitution of the Republic of Ghana (Article 11(1) )
10 See the 1992 Constitution of Ghana (Article 270 (1)
11 See Women and Law in West Africa: Situational Analysis of some key issues affecting women-pp 27-28
12 See http:www.law.emory.edu/ifl/legal/Ghana.htm [Accessed 28/05/09]
13 See the 1992 Constitution of Ghana. See Sherif Abdel Azim – Women in Islam versus Women in the Judaeo-Christian Tradition: The Myth and the Reality. Queens University Kingston, Ontario, Canada
ABOUT THE AUTHOR:
Rev Jacob Owusu Kyei-Baffour is an Anglican priest from Ghana: LTh (1990 -1993), Dip in Printing (1994-1995), BA (Hons) Publishing Studies (1998-2002), MA Publishing (2004-2005) and LLM Canon Law (2005-2007).
Posted August 30, 2010
|
|