The book concerns not only the question of those who abandon the Church but also discusses the problem of real belonging and effective communion in the Church. Without neglecting the interdisciplinary perspective, the point of view adopted by the author is mainly that of Canon law. The book provides useful indications to pastors and faithful not only to address clearly the complex problem of disaffiliation but also and above all to better look after communion in the Church of Christ in view of the salvation of souls.
Prof. Kevin Otieno Mwandha, SDB, is a Professor of Canon law and the Director of the Institute of Dogmatic Theology at the Salesian Pontifical University (Rome). He is also an invited Lecturer at the Pontifical Beda College (Rome). Earlier he has been an invited Lecturer at Tangaza University College (Nairobi-Kenya), Salesian Theological College (Nairobi), and at Jerusalem Campus (Israel).
The topic addressed by Prof. Kevin Otieno Mwandha, SDB, is very current and delicate. It concerns not only the question of those who abandon the Church but also places the problem of real belonging and effective communion in the Church at the center of attention. In his Post-Synodal Apostolic Exhortation Ecclesia in Europa (28 June 2003), Pope John Paul II drew attention to the existence of a "silent apostasy" on the part of people who have all that they need and who live as if God does not exist (cf. n. 9). Shortly before him, a philosopher had spoken of a "submerged schism."
By its nature, the theme of the disaffiliation from the Church is to be found at the crossroads between canon law and ecclesiology, sacramental theology and moral theology. Without neglecting the interdisciplinary perspective, the point of view adopted by the author is mainly that of canon law. Furthermore, the theme affects all churches and ecclesial communities, as all are grappling with the problem of exits for various reasons (atheism and secularization, indifferentism and relativism, syncretism and new religious movements, etc.), not least that of passage from church to church. In recent years, the question has arisen with acuity, especially in Germany because of religion taxes (Kirchensteuer). It is therefore normal that recent studies come from this area, as can be seen in the publication edited by Georg Bier, under the title of Kirchenaustritt. Rechtliches Problem und pastorale Herausforderung Theologie Kontrovers (Freiburg im Breisgau, Herder 2013), which starts from recent legal documentation and offers about fifteen contributions for discussion. The specific study by Kevin O. Mwandha is instead more general and concerns precisely the complex phenomenon of " Disaffiliation from the Catholic Church."
From the theological point of view, the complexity of the phenomenon of disaffiliation is due to the fact that in matters of faith the external and internal dimensions are involved which are not always modular. So to speak, the so-called actus formalis defectionis ab Ecclesia catholica referred to in CIC can. 1086. § 1, can. 1117 and can. 1124 does not necessarily mean the abandonment of faith in God, as is also attested by the attitude of those who ask to re-enter the Church. Moreover, the sacrament of baptism imprints an indelible character for which the principle "semel Christianus semper Christianus" cited by the author applies (cf. chap. I. §5.1). In general, it is difficult to specify the real belonging to the Church which counts saints and sinners among its members. This led Augustine of Hippo († 430) to say that some appear to be inside but are instead found outside, and vice versa.
Catholic theology and canon law are strongly interconnected. They are both at the service of the Church. Pope John Paul II stated that the Code of canon law "fully corresponds to the nature of the Church, especially as it is proposed by the teaching of the Vatican Council II in general, and in a particular way by its ecclesiological teaching. Indeed, in a certain sense, it could be understood as a great effort to translate the conciliar ecclesiology into canonical language." Whenever there is a minimal appearance of a contradiction between theology and canon law that is likely to impede the actualization of the supreme law of the Church, the salvation of souls, the Church can never opt for anything less than a prompt and just solution for the common good.
The Vatican Council II declared,
The human person has a right to religious freedom. This freedom means that persons are to be immune from coercion on the part of individuals or of social groups and of any human power, in such a manner that no one is to be forced to act in a manner contrary to his own beliefs, whether privately or publicly, whether alone or in association with others, within due limits.
The right to religious freedom has its foundation in the very dignity of the human person as this dignity is known through the revealed word of God and by reason itself (DH 2).
May be, in the name of religious freedom or for other reasons, some Catholics disaffiliate (abandon or defect) from the Catholic Church. Others seem to disaffiliate not only from the Catholic Church but from "Catholicism." From the legislative texts, at least from the Code of canon law, defection seems associated to deficere ab ecclesia Catholicas; deficere ab Ecclesiae communiones; "deficere a communione ecclesiasticas: deficere a fide catholicas. The terms fidem catholicam and communione cum ecclesia Catholica, even though used identically or interchangeably, do not always mean the same thing. Fidem catholicam refers to participation in the Catholic faith the faith of the Apostles received from Christ. Communione cum ecclesia Catholica, however, refers to the three bonds: the profession of faith; the Sacraments; and the government.
One of the expressions that is seemingly challenging to explain in Catholic theology is semel Christianus semper Christianus or semel Catholicus semper Catholicus. Our attempt to explore this theme limits itself to the Catholic doctrine and related legislations as established in the Code of canon law. There are ecclesiastical laws and corresponding juridical effects upon persons who abandon or defect from the full communion with the Catholic Church. The existence of these laws and their effects presupposes, without prejudice to the theology of semel catholicus semper catholicus, a possibility of defection from the Catholic Church.
**Contents and Sample Pages**
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