Why did canon law require free and mutual consent for a valid Christian marriage?
In canon law, the requirement for free and mutual consent is rooted in the theological view of marriage as a sacred, indissoluble sacrament and a "mystic union of souls and bodies".12
Unlike earlier legal systems where marriage was often a civil contract negotiated by familiesāsometimes without the woman's inputāthe church elevated marriage to a divine institution. Because the church viewed the husband and wife as being made "one flesh" by God, it held that the union could only be formed through the genuine, voluntary exchange of consent between the parties.314
This emphasis on consent serves several critical functions:
* Sacramental Validity: The spouses themselves are considered the ministers of the sacrament, which they administer to one another through their mutual exchange of consent.4
* Protection of the Union: By requiring a rigorous examination of the parties' freedom to marry, the church aims to ensure the union is not "null and void" due to coercion or hidden defects, thereby safeguarding the lifelong, indissoluble nature of the bond.14