FaithWorld

French “virginity lie” couple lose appeal, remain married

A court has declared France’s “virginity lie” couple to be legally married, despite their appeal to annul their nuptial vows because the wife turned out not to be the virgin she had claimed to be. The case caused an uproar a few months ago because they were initially granted an annulment on the grounds that she had lied about an “essential quality” necessary for the marriage contract. The case was argued as if the issue were simply about a business contract where one party had lied about the goods being delivered, and the first court accepted it on those grounds.

But the background — that the two were Muslims of North African origin and the man considered her virginity a condition for marrying the woman — sparked off a loud debate about whether the court was allowing Muslim traditions or sharia provisions to creep into French jurisprudence. “A real fatwa for women’s liberation … (like) a ruling handed down in Kandahar” was a memorable comment from Fadela Amara, the state secretary for urban affairs who comes from an Algerian Muslim family.

After initially supporting the couple, Justice Minister Rachida Dati — who is herself from a North African Muslim background and had a marriage annulled years ago — came under political pressure to oppose it and finally asked the public prosecutor to lodge an appeal against the annulment. This appeal against the annulment is what was upheld in the court in Douai in northern France on Monday. So the couple, who split up on their wedding night when the husband walked out on her and told the story to guests still partying at the reception downstairs, remains married despite their efforts to be unmarried. They will now have to go through the normal divorce procedure to undo what was effectively a marriage of only a few hours.

The court argued as follows: “A lie that does not pertain to an essential quality is not a valid reason to annul a marriage. This is particularly the case when the supposed lie concerns the past private life of the future bride and her virginity, which is not an essential quality in that its absence has no impact on married life.”

An interesting twist to this saga was that both the man and the woman agreed they wanted the annulment. She was initially against it, but quickly agreed to it because there was no way that marriage would work out. The husband’s lawyer denounced the decision to overturn the annulment, saying the court had allow the public prosecutor to “control souls and consciences.”

Argentina opts for family man to help patch up ties with Vatican

Pope Benedict meets ambasadors to the Holy See, 9 January 2006/poolArgentina is making a second bid to improve relations with the Vatican after its first attempt caused a diplomatic blunder because Buenos Aires proposed a divorced Catholic with a live-in partner as its new ambassador to the Holy See. The new nominee is reported to be a safer bet. Former government minister Juan Pablo Cafiero is married and the father of four children. In a radio interview over the weekend, he defended the centre-left government as  “the first government in decades that has focused on the distribution of wealth and a preference for the poor … linked to a concept of social justice that is based on humanistic, Christian thinking.”

Local media reported earlier this year that Argentina might leave the post vacant after the Vatican gave a thumbs down to former Justice Minister Alberto Iribarne. The Vatican never actually rejected his nomination. It just never confirmed it, which was a clear message that he didn’t have a prayer. As befits a future ambassador, Cafiero made no reference to that diplomatic faux pas.

The Roman Catholic Church does not approve of divorce and Catholics who do end their marriages are required to seek an annulment from the Church before they can remarry with the Church’s blessing.

New French Muslim chief on the “virginity lie” case

CFCM head Mohammed Moussaoui (r) and Fouad Alaoui (l), 22 June 28/Gonzalo FuentesMohammed Moussaoui, the newly elected head of France’s Muslim council CFCM, has lost no time in criticising the case of a Muslim husband who had his marriage annulled because his wife had lied about being a virgin. The “virginity lie” case caused uproar in France, where critics warned against letting religious issues creep into civil law. Under public pressure, Justice Minister Rachida Dati (herself a Muslim who had a marriage annulled), dropped her original positive assessment and had the decision overturned. The couple remains married until September, when the case will be considered again.

Asked about the case, Moussaoui told the Paris daily Le Figaro: “These people confuse customs and religion. Chastity is recommended for the man and the woman, but it is not a condition for a Muslim marriage. A man loves a women as she is, virgin or not.”

National Muslim leaders in France were notably silent about the issue when it flared up. One of the few who did say anything, Fouad Aloui of the Union of French Islamic Organisations (UOIF), was the main rival to Moussaoui in the recent election as CFCM president. All he said was: “This is not a religious case. It is a legal decision based on the law, so it is up to the judge to decide.” That sounds like an indirect approval of the decision, although it must be said he sounded quite reluctant to talk about it at all (here France Info audio in French).

Soundbites but no solutions in French “virginity lie” case

A bride waiting for her wedding, 14 Feb 2008/Shannon StapletonThe “virginity lie” case gripping France for the past two days has given French politicians the opportunity to indulge in one of their favourite pastimes — expressing indignation. There’s been much more heat than light in this story since it broke last Friday.

If you haven’t been following it, the story is about a French Muslim couple who got their marriage annulled after the husband complained the wife was not the virgin she had claimed to be. Since he could not have cited either religion or the traditional Muslim preference for virgin brides as valid reasons for annulment, the husband’s lawyer argued the wife had lied about an “essential quality” necessary for the marriage. Under French law, a marriage can be annulled if, for example, one partner found out only after the wedding that the other had lied about a previous marriage or a criminal record.

Politicians, feminists and human rights activists immediately demanded the ruling be overturned. The critics vied to issue the most ringing denunciation. “A real fatwa for women’s liberation … (like) a ruling handed down in Kandahar” was a memorable one from Fadela Amara, the state secretary for urban affairs who comes from an Algerian Muslim family. Here are many more in French. By Monday, Justice Minister Rachida Dati — another cabinet member with a North African Muslim background — was flip-flopping. After originally defending the ruling as a means of helping a woman get out of an unwanted marriage, she decided on Monday to ask a public prosecutor to launch an appeal.