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Confused In Saudi Arabia
wrote:
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Hi, guys —
I am an Indian, now residing in Saudi Arabia.
I humbly seek your clarifications on the following
based on the Canon Laws of the Catholic Church:
- Has the Bishop based at Abu Dhabi, jurisdiction
over all the Catholics in Saudi Arabia,
irrespective of their rite, country, and
region?
- Can diocesan Bishops send their priests
to other countries, regions and dioceses
and permit them to conduct services for
the Catholic communities in those places
without the prior permission of the Bishop(s)
in those places?
- Has the Bishop any right to ask such
priests who enter a country or who are sent without his
prior permission, to stop their services,
or invalidate their services as a priest?
Thank you,
Confused In Saudi Arabia
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{
What
jurisdiction, rights, and authority does a bishop have
in Saudi Arabia? }
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Eric
replied:
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Dear Confused In Saudi Arabia —
I will try to answer your questions
but they are very specific canonical
questions that I cannot fully answer.
We may need to refer your question
to someone else.
The bishop of Arabia (which is located
in Abu Dhabi) only has jurisdiction
over Latin Rite faithful in Saudi
Arabia. He certainly has jurisdiction
over those with domicile in Saudi
Arabia. I am not sure what kind of
jurisdiction he has over those whose
domicile or quasi-domicile is not
Saudi Arabia but are temporarily
located there; he would, I assume,
have jurisdiction over actions performed
there, and possibly over the person
as well.
A priest from another diocese of
the same rite requires at least implicit
permission from the ordinary to celebrate
the sacraments there.
The ordinary certainly has a right
to forbid them from doing so. He
can't invalidate their services,
except for weddings and Confessions.
I am not sure whether a priest of
another rite (say, a
Syro-Malabar rite) could conduct the sacraments
over the objections of the Latin
ordinary of the territory. I am guessing
he could but there would be political
hazards to doing so.
We might refer this to an expert
on the topic just to be sure.
Eric
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Confused In Saudi Arabia
replied:
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Eric —
Thank you for your prompt reply,
however, as you yourself have hinted,
we are in need of much clearer and
official regulations from the Catholic
head(s) or experts to the questions
I have raised.
Let me place before you the dilemma
of the Catholic communities, especially
of Indian origin, working here.
The Catholics here have been guided
and instructed in the past, directly
or through the Catholic Council here,
by the Vicar in Abu Dhabi who used
to make at least one pastoral visit
in a year to this land. We have so
long been praying together in line
with the Catholic beliefs, although
secretly as an Underground Church,
similar to the first Christian communities,
without any narrow-mindedness of
rites or social status or differences.
Priests of Kerala, who used to come
here with the ordinary's prior permission,
often conducted Holy Masses in Syro-Malabar
rite too, as majority of us belong
to the same rite. The Catechism classes
too are being conducted in line with
the syllabus of the Syro-Malabar rite,
and the faithful, even of the other
rites and sects, whether Latin, Malankara,
Jacobites, etc. among us, have all accepted
these all these years.
Unfortunately, now priests are being
sent here by the Bishops of Syro-Malabar
and Malankara rites of Kerala without
the Vicar's prior approval
and knowledge, and these priests
are trying to gather the faithful
of their own rites, instructing them
and often misguiding them about him,
his rights, and the norms of the Church.
The priests, together with their
few supporters, are trying to challenge
the Vicar, and spreading false news
that the Oriental Heads of Syro-Malabar
and Malankara rites in Kerala are
equal in position and status to the
Pope, stating that the Pope is just
the Head of the Latin rite Catholics.
They even propagate that the Vicar in Abu Dhabi has no jurisdiction
over the Catholics in Saudi Arabia.
They are trying to gather more support
from among the faithful of their
own rites.
The faithful are divided, a few of
the priests' supporters threatening
the Bishop through e-mails, and threatening
they will betray us if priests, who
come here with the Vicar's
prior permission, perform Services
while their own priests are not allowed
to perform Services or the Sacraments.
Officially, the Syro-Malabar community
here had been instructed earlier
by some responsible priests in Kerala
to seek the prior approval of the
Vicar in Abu Dhabi before bringing
any priests, however, the priests
here and their cronies are instructing
the faithful otherwise to ignore these instructions.
The Bishop, [name hidden for
protection], who is very actively
trying to get some kind of religious
freedom for us through his discussions
with the heads of this country,
is very much upset about the recent
developments and divisions among
our communities, ignited by the
priests.
He, as well as the general majority
of the faithful in this country,
are much worried about:
- a schism in the Church in Saudi
Arabia, and
- about the security issues in
this country, especially since
one of the priests designated
by him here had been recently
arrested, along with a few lay
persons, while conducting
Holy Mass. They were released
a few days later.
He has therefore, asked the disobedient
priests to leave the country, but
they still continue their adamant
stand against the Vicar, stating
that he has no authority over them.
The situation is grave. We, the faithful,
wish to continue to pray together
as one community in heart. There
is still no freedom of religion in
this country. We need the Vicar and
his support to negotiate with the
leaders of this country and get us
some kind of official freedom to
practice our faith. Neither:
- the Bishops in Kerala, nor
- the priests they have sent, nor
- their supporters can help the
Catholics here in this matter.
Until we get that, we need peace. We
need to extend to our Vicar all the
support, which in the end, is our
support for our regional Bishops
in Kerala and the whole Catholic
Church. Right now,
we request the Bishops in Kerala
to support us, their faithful here
in this country, by sticking to the
rules, or letting us know the rules,
if they know anything better than
what we know or the Vicar in Abu
Dhabi knows.
We are waiting for some clear and
official instructions from the Church
and Her Heads. We do not wish a divided
Church as many of the laity here
have toiled, day in and day out,
to establish praying communities
of real faith and spiritual thirst,
although in extreme fear and secret.
This in turn, had resulted positively
to prevent many of our brethren from
going to other faiths, especially
of the Pentecostal sect but now,
with these disputes and challenges,
we are becoming a laughing stock.
Many of us believe the letters and
instructions from the Vicar are official,
however, since they are ignored by
the disobedient priests and their
supporters, we need the official
intervention of higher authorities
in Kerala, and the Global Church,
even of the Pope, as to how we should
proceed in these times of clashes
and crisis, before they aggravate
to more serious issues.
We do hope this letter will reach
them somehow through your spiritual
services.
Yours in Christ,
For His Glory,
Confused
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Mary
Ann replied:
Fr. Jonathan, our priest/canon lawyer colleague replied:
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Mike,
I am not an expert on the jurisdiction
of Bishops.
I would point to Canons 271, 142,
and 974 to start.
Chapter II. The Enrollment, or Incardination, of Clerics (Canons 265 - 272).
Canon 271 §1. Apart from
the case of true necessity of
his own particular church, a diocesan
bishop is not to deny permission
to clerics, whom he knows are
prepared and considers suitable
and who request it, to move to
regions laboring under a grave
lack of clergy where they will
exercise the sacred ministry.
He is also to make provision that
the rights and duties of these
clerics are determined through
a written agreement with the diocesan
bishop of the place they request.
§2. A diocesan bishop can
grant permission for his clerics
to move to another particular
church for a predetermined time,
which can even be renewed several
times. Nevertheless, this is to
be done so that these clerics
remain incardinated in their own
particular church and, when they
return to it, possess all the
rights which they would have had
if they had been dedicated to
the sacred ministry there.
§3. For a just cause the
diocesan bishop can recall a cleric
who has moved legitimately to
another particular church while
remaining incardinated in his
own church provided that the agreements
entered into with the other bishop
and natural equity are observed;
the diocesan bishop of the other
particular church, after having
observed these same conditions
and for a just cause, likewise
can deny the same cleric permission
for further residence in his territory. |
The Power of Governance (Canons 129 - 144).
Canon 142 §1. Delegated power
ceases:
- by fulfillment of the mandate;
- by expiration of the time
or completion of the number
of cases for which it was granted;
- by cessation of the purpose
for the delegation;
- by revocation of the one delegating
directly communicated to the
delegate as well as by resignation
of the delegate made known
to and accepted by the one
delegating.
It does not cease, however, when
the authority of the one delegating
expires unless this appears in
attached clauses.
§2. Nevertheless, an act
of delegated power which is exercised
for the internal forum alone and
is placed inadvertently after
the lapse of the time limit of
the grant is valid. |
The Minister of the Sacrament of Penance (Canons 965 to 986).
Canon 974 §1. The local ordinary
and the competent superior are
not to revoke the faculty to hear
confessions habitually except
for a grave cause.
§2. When the faculty to hear
confessions has been revoked by
the local ordinary who granted
it as mentioned in canon 967, §2
(see below), a presbyter loses
the faculty everywhere. If some
other local ordinary has revoked
the faculty, the presbyter loses
it only in the territory of the
one who revokes it.
§3. Any local ordinary who
has revoked the faculty of some
presbyter to hear confessions
is to inform the proper ordinary
of incardination of the presbyter
or, if he is a member of a religious
institute, his competent superior.
§4. If the proper major superior
of a presbyter has revoked the
faculty to hear confessions, the
presbyter loses the faulty to
hear the confessions of members
of the institute everywhere. If
some other competent superior
has revoked the faculty, however,
the presbyter loses it only with
regard to the subjects in the
jurisdiction of that superior. |
The Minister of the Sacrament of Penance (Canons 965 to 986).
Canon. 967 §2. Those who
possess the faculty of hearing
confessions habitually whether
by virtue of office or by virtue
of the grant of an ordinary of
the place of incardination or
of the place in which they have
a domicile can exercise that faculty
everywhere unless the local ordinary
has denied it in a particular
case, without prejudice to the
prescripts of Canons 974, §2
and §3. |
Fr. Jonathan
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Confused
replied:
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Dear Mr. Mike,
Thank you very much. Indeed, it's
a great help as it clarifies certain
serious issues here.
It seems to me, from these arguments,
that things are in favor of the ordinary
based at
Abu Dhabi.
Yours in Christ,
Confused
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A
reader of this posting, A.V. replied:
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Dear Sir/Madam,
I am writing with respect to this
posting.
I am now resident in the United States
but formerly lived in the Gulf countries.
The Latin Vicar Apostolic has complete
jurisdiction over the faithful of all Churches:
- Syro-Malabar
- Malankara
- Coptic
- Melkite
- Maronite
- etc. . . . in the region.
This authority was formerly vested
in the Vicar Apostolic of Arabia,
the Most. Rev. Paul Hinder.
From
May 31, 2011, following a new allocation
of territory in the region decreed
by the Congregation for the Evangelization of Peoples,
it will be vested in the Most Rev.
Camillo Ballin, the Vicar Apostolic
of Northern Arabia, formerly, the
Vicar Apostolic of Kuwait.
The jurisdiction over all the faithful
was explicitly decreed twice by Pope
St. John Paul II in 2003 and the present
Holy Father, Pope Benedict XVI, in 2006. Among other
things, by the terms of the re-script:
- All acts
of jurisdiction without the
permission of the Ap. Vicar
are nullified. (n. 2)
- Priests and religious of any sui juris Church must be under
the jurisdiction of the Vicar
Apostolic, and any activity must
be taken with his consent (n.
6)
- In particular, the Major Archbishop
of the Syro-Malabar Church must
not allow priests of the Syro-Malabar
Church to minister in the area
without the agreement of the Ap.
Vicar (n. 7),
- Canonical sanctions
may be applied against priests
and others who deliberately minister
without the permission of the
Vicar Apostolic by the leaders
of their own Churches (n. 9)
Confused said:
- Has the Bishop based at Abu Dhabi, jurisdiction
over all the Catholics in Saudi Arabia,
irrespective of their rite, country, and
region?
- Can diocesan Bishops send their priests
to other countries, regions and dioceses
and permit them to conduct services for
the Catholic communities in those places
without the prior permission of the Bishop(s)
in those places?
- Has the Bishop any right to ask such
priests who enter a country or who are sent without his
prior permission, to stop their services,
or invalidate their services as a priest?
To specifically respond to the questions
posed by Confused
above:
- Yes, by a Rescriptum ex
audentia from the Congregation for the Evangelization of Peoples in 2006.
- No, within the territory of
Saudi Arabia, UAE, Oman, Bahrain,
Qatar, Kuwait or Yemen, by terms
of the same document, without
the approval of the competent
Vicar Apostolic.
- Yes. All jurisdictional acts
of those priests are voided, and
canonical sanctions should be
applied by their own bishops.
With prayers and all good wishes
for your ministry, I remain,
Sincerely,
A.V.
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Richard
replied:
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He's right.
The Eastern Churches sui juris are
equal in dignity and rights to the
Latin Church, but in order to exercise
those rights, they will need to erect
an exarchate or eparchy for their
faithful in the territory. Until
that happens — a matter that involves
the Pope's assent — the one bishop
already governing the place has full
jurisdiction over the faithful and
clergy of all Churches. This is confirmed
by the decree quoted by A.V.
Here's the document for the reorganization
of the vicariates in Arabia and Kuwait:
The About Us page of the website for the Apostolic Vicariate of Northern Arabia mentions the 2006 rescript
referred to by A.V.:
Here is the FAQ Frequently Asked Questions page for the site.
— RC
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Mike
replied:
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Hi, A.V. —
Thanks for the comment. It is appreciated.
Kudos to Richard for supplying the helpful web pages!
If similar questioners are in a similar situation and wish to contact the Vatican, check out:
Mike
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