Infatuation Rules
Photo: Alem Sánchez
In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply consummation, is the first (or first officially credited) act of sexual intercourse between two people, following their marriage to each other.
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Read More »A religious marriage without civil registration may or may not be legally binding. In some (mostly Muslim) countries such as Palestine, Israel, Egypt, Syria,[6] Jordan,[7] UAE,[8] Saudi Arabia, Yemen, Libya, Mauritania and Indonesia,[9] religious marriage is the only legally binding marriage. Consummation is particularly relevant in a Catholic marriage. Within the Catholic Church, if a matrimonial celebration takes place (ratification) but the spouses have not yet engaged in intercourse (consummation), then the marriage is said to be a marriage ratum sed non consummatum. Such a marriage, regardless of the reason for non-consummation, can be dissolved by the pope.[10] Additionally, an inability or an intentional refusal to consummate the marriage is probable grounds for an annulment. Catholic canon law defines a marriage as consummated when the "spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh".[11] Thus some theologians, such as Fr. John A. Hardon, S.J., state that intercourse with contraception does not consummate a marriage.[1]
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Read More »The rationale behind this ground is not immediately apparent. It is not concerned with the capacity of either or both parties to procreate, still less with the ability of the parties to satisfy each other sexually during the marriage. [...] It remains a rather curious anomaly in the law, a relic perhaps of medieval times, when the first act of intercourse was thought to 'mark' a new bride as the 'property' of her husband. Whatever its origins, it is not entirely clear what modern purpose this ground serves and it is suggested that it should be dispensed with. Another concern is sexual violence, especially since in most countries the criminalization of marital rape is recent, having occurred from the 1970s onwards; the maintaining in law of the concept of consummation is argued to foster cultural and societal attitudes and understandings of marriage that make it more difficult to acknowledge these violations; and to be a remainder of an oppressive tradition.[13][17] Commenting on the case of R v R, which criminalised marital rape in England and Wales, Harris-Short and Miles write: [A] historical view again throws useful light on the matter: until 1991, husbands were permitted to have sexual intercourse with their wives regardless of whether they were then actually consenting, the original act of consummation and the resultant marital status entitling the husband to sexual relations thereafter.[18][19]
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