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Question Title Posted By Question Date
Veiling and Canon Law Mahina Tuesday, February 17, 2009

Question:

Dear Brother Ignatius Mary,

I am having trouble figuring out if the practice of veiling for women is still officially Catholic Canon Law.

I was on a website Fish Eaters (http://www.fisheaters.com/theveil.html) that interprets Canon Law in this manner:

It was written into the 1917 Code of Canon Law, Canon 1262, that women must cover their heads -- "especially when they approach the holy table" ("mulieres autem, capite cooperto et modeste vestitae, maxime cum ad mensam Dominicam accedunt") -- but during the Second Vatican Council, Bugnini (the same Freemason who designed the Novus Ordo Mass) was asked by journalists if women would still have to cover their heads. His reply, perhaps innocently enough, was that the issue was not being discussed. The journalists (as journalists are wont to do with Church teaching) took his answer as a "no," and printed their misinformation in newspapers all over the world. Since then, most Catholic women in the "Novus Ordo world" have lost the tradition.

After so many years of women repudiating the veil, the Vatican (as the post-conciliar Vatican is wont to do), not wanting to be confrontational or upset radical feminists, simply pretended the issue didn't exist. When the 1983 Code of Canon Law was produced, veiling was simply not mentioned (not abrogated, mind you, but simply not mentioned). However, Canons 20-21 of the 1983 Code of Canon Law make clear that later Canon Law abrogates earlier Canon Law only when this is made explicit and that, in cases of doubt, the revocation of earlier law is not to be presumed; quite the opposite:

Canon 20 A later law abrogates or derogates from an earlier law, if it expressly so states, or if it is directly contrary to that law, or if it integrally reorders the whole subject matter of the earlier law.
A universal law, however, does not derogate from a particular or from a special law, unless the law expressly provides otherwise.

Canon 21 In doubt, the revocation of a previous law is not presumed; rather, later laws are to be related to earlier ones and, as far as possible, harmonized with them.

Canons 27 and 28 add to the argument:

Canon 27 Custom is the best interpreter of laws.

Canon 28 Without prejudice to the provisions of can. 5, a custom, whether contrary to or apart from the law, is revoked by a contrary custom or law. But unless the law makes express mention of them, it does not revoke centennial or immemorial customs, nor does a universal law revoke particular customs.

Hence, according to Canon Law and immemorial custom, women are still to veil themselves.

But alternatively EWTN (http://www.ewtn.com/expert/answers/head_coverings_in_church.htm) interprets it thusly:

The 1917 Code of Canon Law. canon 1262, stated,

1. It is desirable that, consistent with ancient discipline, women be separated from men in church.

2. Men, in a church or outside a church, while they are assisting at sacred rites, shall be bare-headed, unless the approved mores of the people or peculiar circumstances of things determine otherwise; women, however, shall have a covered head and be modestly dressed, especially when they approach the table of the Lord.

When the 1983 Code of Canon Law was promulgated this canon was not re-issued; indeed, canon 6, 1, abrogated it, along with every other canon of the 1917 Code not intentionally incorporated into the new legislation.

Canon 6
1. When this Code goes into effect, the following are abrogated:
(1) the Code of Canon Law promulgated in 1917;

(2) other universal or particular laws contrary to the prescriptions of this Code, unless particular laws are otherwise expressly provided for;
(3) any universal or particular penal laws whatsoever issued by the Apostolic See, unless they are contained in this Code;
(4) other universal disciplinary laws dealing with a matter which is regulated ex integro by this Code.

Thus, there is no longer any canonical obligation for women to wear a head-covering, much less the more specific veil.

Which interpretation is correct? Or how does one find out the exact stance of the Catholic Church on the matter?



Question Answered by Bro. Ignatius Mary, OLSM

Dear Mahina:

Well, the first thing you need to do is to ignore Fish Eaters. Their opinions are often not in line with the Church. Their interpretation is typical in picking and choosing canons they think support their positions. As EWTN points out Canon 6 explicitly abrogates the 1917 Canon Law and thus meets the point in Canon 20.   (I have bolded pertinent passages that you have quoted). Fish Eaters is disingenuous and must be eating bad fish.

EWTN is a reliable orthodox source. Their analysis of this subject is accurate. There is no longer any canonical obligation for women to wear a veil or head-covering (mantilla).

This does not mean that woman cannot wear a mantilla--they can if they wish. The wearing of a mantila is a beautiful custom that we, and many others, have recommended and encouraged. But, there is no canonical requirement.

God Bless,
Bro. Ignatius Mary

 

 


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