In some parts of the country, the minimum age for customary-law marriage has A customary marriage is one where the spouses are married in terms of custom as opposed to the laws of a country, usually referred to a as civil marriage. Privacy Policy | In traditional societies, customary laws were largely unchallenged save by compelling innovations that re-channeled aspects of the practices of the people and subsequently altered its traditions. Both must be expressed beforehand. Customary marriage seems to be the strongest of all the marital forms in Ghana and highly recognized. Customary marriage meaning, definition, and what it entails. Thus, while most traditional laws have to be forced onto the common people, the former works the other way around. According to this tradition, the groom is made to undergo a rigorous act of bravery before he is able to wed a Fulani lady. was celebrated. A customary law can only exist if two requirements are met: A customary law has power not because some influential person or company enforces it, but because of the collective mindset of the population. This is the legal marriage described by the official Marriage Act (this document specifies all the requirements necessary for an official marriage celebration in Nigeria). Marriage under the Act is a marriage that has been performed in … ... 10. One of the most prominent examples of customary law is the Nigerian marriage practice, which is the main subject of this article. The two types of marriage persisting in Nigeria - statutory marriages and customary marriages - differ considerably in character and consequences, although there may be similarities as well. Sadly, when an underage girl marries under this law, the consummation act does not qualify as an offense, as it counts as “relations between husband and wife”. It doesn’t have a formal status but is still recognized in court. This work not only examines the concept of marriage, but takes a step forward in identifying the problems that affect customary marriage in Nigeria. husband and wife of a statutory marriage, this is clearly specified. Under this Act, marriage is defined as a voluntary union between a man and a woman to the exclusion of others. A widow of a customary law marriage, on the death of her husband is completely disinherited under the various customary laws in Nigeria. Under Section 6, no court shall take cognizance of any marriage that is made Articles XML | The parties to a customary-law marriage must possess the capacity under that In the This Essay discusses the ¿religious law¿ and ¿customary law¿ paradigms in the context of the Nigerian legal system. the legal effects of customary law marriage in nigeria,law project topics and materials,customary law marriage in nigeria The celebration of marriage under the act in Nigeria is regulated by the Marriage Act and is usually referred to as statutory marriage. Want to find out more about the customary law in Nigeria? prohibition of the Age of Marriage Law is not observed in many parts of the Section 3(1) of the Law provides that 'A marriage . Customary law is the law that captures the norms, traditions and rules of behaviour of the people. such void marriage. the second appellant and her father gave evidence in the lower court that the For instance, the Registration of Marriages Adoptive By-laws Orders, 1956 which applies in those parts of Lagos, Ogun, Oyo, Ondo and Bendel States where the by-laws have been adopted requires a customary law husband to register the marriage within one month of its celebration. The study will cover the whole of Nigeria. Same goes for the stereotype that suggests that when you marry someone under the law of custom all you have to do to divorce your spouse is to leave him or her. Section For a marriage to be statutory, the marriage must be lawful, it must be with the consent of both parents and the parties involved, prohibited degree of consanguinity and affinity. Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. Despite popular misconception, living in the same house with a man and bearing his children isn’t enough for a woman to be counted as a wife under customary law. It is marriage that Lord Penzance called voluntary union for the life of one man and one woman to the exclusion of all others, whereas polygamous marriage can be defined as a voluntary union for … Nigeria has many types of customary marriages, as diverse as the country ’s numerous cultures. the parties lo customary-law marriage, which is a system of marriage recognized Discover the truth behind the age of consent in Nigeria, Gay marriage law in Nigeria: interesting facts. In it, every necessarily details concerning both families are taken note of. It is common to find Nigerians that are married both under the English Marriage System and the Customary Marriage System. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. Customary marriages are recognized as valid in Nigeria. Customary Marriage in Nigeria Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. The core features of Customary marriage include: Parental consent, Consent of the parties to the marriage and Age Bride price or dowry, Prohibited degrees of consanguinity and affinity and Capacity to … Nigerians believe in marriage. 1.5 RESEARCH METHODOLOGY The methodology applied in this work is the doctrinal research methodology. large extent encouraged a high incidence of child marriage, with all its attendant Important: The payment has to be made for the sole purpose of a marriage that is either planned or has already taken place. In four Native Authority areas in three of the Northern States of Nigeria-Biu The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law. J., (as he then was) held that the marriage in question contravened section The fundamental law of karma: it will make your life happy! While in some areas child betrothal is rampant, marriage does not in Since there is no official registry keeping track of all customary law marriages, the court can’t verify whether such a marriage exists, unless the couple can provide witnesses of the ceremony. BY . A wedding ceremony and celebration must be held, during which the bride will be handed over to the groom’s family. lo prove that the accused had reasonable cause to believe that the girl in question The parties to a marriage under the act must possess the necessary capacity. It is the law propelled by the worldview, beliefs, philosophies and value system of the people. was his wife. Latest Nigeria Articles | If you are interested in celebrating a customary law marriage yourself, you’ll find all the necessary requirements listed below. Except for the cases which have reached the courts, evidence abound that the CUSTOMARY MARRIAGES IN NIGERIA: MISCONCEPTIONS AND VULNERABILITY OF WOMEN. Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. After the woman’s consent is given, the customary marriage ceremony as practiced by the bride’s ethnic group are performed by the groom’s family head, either the father or the uncle. Customary marriage meaning, definition, and what it entails Customary marriage is union-negotiated, celebrated, and concluded by African customary laws. This lacuna in the rule of customary law has to a are guilty of an offence punishable with a fine of 100Naira or imprisonment What does it mean? either of whom is under the age of sixteen shall be void'. Although the details of such requirements vary from one locality Thus, we have hundreds of child marriages, and all the evils attached to them. That piece of evidence was not contradicted or questioned. been fixed by legislation. How to register for customary marriage in Ghana. The celebration of marriage […] Most systems of customary law in Nigeria do not prescribe any age for the solemnization between or in respect of persons Customary marriages are recognized as valid in Nigeria. The age of marriage under customary law is governed in the three Eastern States of Nigeria by the Age of Marriage Law 1956. unless the accused can prove that he took reasonable steps to verify the ages Within this diversity, unity is evident. After the price is agreed upon, the money is handed over to the husband through the middlemen. However, this comes with its own legal implications. While this is a guide for grooms who want to marry Igbo women, note that the Igbo custom requires that a groom is required to officially ask his in-laws for the customary … In these cases, ignorance of the parties' age is no defence A customary marriage is one where spouses are married in terms of customs and tradition. property or benefit of any kind for himself or for any other person on account Civil marriages are registered with home affairs and usually the couple are provided with a marriage certificate. FATIMA A. NAHUCHE [1]. Sitemap | Both must be … However, monogamous marriage is Nigeria is the same as in England. of customary-law marriage. Different types of marriage exist in the Nigeria today. Which CDMA has the best network in Ibadan outskirt? on December 27, 1972 and therefore entitled to be granted its custody. Now you know all about the customary law marriage practice in Nigeria and how people get divorced in such situations. Thus, it can be dissolved without any external judicial involvement. READ ALSO: Is change of name in Nigeria after marriage a difficult process? . Customary law is a form of a traditional, commonly-accepted rule or practice that has the power of law, and is usually found within a particular ethnic group or location. This is also known as marriage under the Act because it is governed by the Marriage Act Laws of the Federation of Nigeria (LFN) 1990, it was referred to as Marriage Ordinance before it was re-enacted into an Act. between or in respect of persons either of whom is under the age of sixteen shall be void'. Marriage is a union of a man and a woman to become husband and wife. Some people accept gift items others collect cash while others yet collect both. According to the Customary Marriage and Divorce(Registration) Law, 1985(PNDCL 112) the registration of a customary marriage and divorce can be done at any time after the proclamation of the marriage as required by customary laws unless a certain time prescribe by the Secretary for Justice is passed after which the failure to register the … the marriageable age for girls has been fixed by the various Declarations of evils. They have criminal and civil jurisdictions. of that marriage does not constitute the sexual offence of having unlawful carnal The Fulani Sharo Tradition. Whatever state you are in Nigeria you’ll find … For a customary marriage to be conducted and valid it requires these various principles; The parties must be above the age of 18, … The marriage of customary law throughout the study is seen from the point of view of the Yoruba, marrying Igbo, Efik or Hausa, etc., or vice versa. By section 4(1) of the Law, it is an offence punishable with six months' imprisonment So that there can be distilled some … or a fine of two hundred Naira for any person to ask, receive or obtain any >>>> Consent of the parties for Customary Marriages, Home | | . to another, the broad principles are sometimes similar. Obi-Okoye, reasonable. four Eastern States. In Nigeria this involves the paying of bride price, giving of gifts, etc. … The age of marriage under customary law is governed Marrying a girl or a woman against her will is always illegal in Nigeria, no matter the law. The biggest controversy surrounding customary law marriages is that there isn’t any age restriction. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do … However, it also has numerous drawbacks and needs to be improved. This provision seems too wide for the purpose of attaining Interesting fact: An adult man can marry without the consent of his parents, but it’s impossible to do so for a woman since then the next requirement can’t be met. Where a girl under sixteen years marries under customary law, the consumation of the parties to the marriage. In most cases, customary marriages are dissolved with the involvement of two families, representing both the husband and the wife. When parties (marriage is a contract) contract a customary law marriage, and later a statutory marriage, the statutory marriage in effect suspends the customary law marriage pending the dissolution of the statutory marriage by any court of competent jurisdiction. The purpose of this post is to give you an idea of what to budget for when preparing for an Igbo traditional marriage ceremony. The first one is a wedding performed with the signing of a Marriage Act, and it only allows monogamy. Discover the truth behind the age of consent in Nigeria. . It is generally classified as being polygamous yet it is recognized under the law (Matrimonial Causes Act, Section 35). Customary Marriage: This is the bride price payment. void by this legislation. Comments | This kind of marriage also requires two types of consent – consent of the parties and parental consent. It is only possible between a man and a woman and this union is monogamous. Civil or statutory marriage in Nigeria. 3(1) of the Age of Marriage Law and was, therefore, void. If both partners come to a mutual agreement, then they meet with their parents, elders, and middlemen, and decide on the next step for the dissolution. Sitemap XML, Consent of the parents for customary marriage, Consent of the parties for customary marriage, Prohibited degrees of consanguinity and affinity in customary marriage, Statutory prohibition for customay marriage, Statutory Marriage Preceded By Customary Marriage. The customary court is responsible for enforcing the ethnic customary laws. for six months, or both. News | | The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. Statutory marriage is basically a marriage under the Marriage Act. (Borno State), Idoma, and Tiv (Benue State), and Borgu (Kwara State) — A customary marriage is not only concluded between 2 individuals, but also extends to their respective families. Nigeria, being a country of diverse people and culture, presents a deluge of customs, usages and traditions governing marriage, dissloution and custody relative to each community. This involves the use of primary sources such as case laws, and the use of secondary sources of data collection such as textbooks written by eminent authors, journals, Articles, newspaper as well as internet sources etc. There are essential and formal requirements for the celebration of valid customary The two types of marriage persisting in Nigeria - statutory marriages and customary marriages - differ considerably in character and consequences, although there may be similarities as well. is sufficient and cannot be questioned in any court. There are two kinds of marriages accepted under Nigerian law. under the Law, the opinion of a qualified medical practioner on that question The divorce process of a customary marriage is much simpler than of that under the Marriage Act. 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This is because Section 6 of the Marriage is a universal institution which is recognized and respected all over the world. Dowry must be paid, either in the form of money or other types of property. Biu—fourteen years; Idoma — twelve years; Tiv — age of puberty;" Similarly it is an offence to give, Thus, once a marriage is properly contracted in accordance with a valid Customar y Law that marriage is If a party to such a void marriage is … between or in respect of persons either of whom is under the age of sixteen shall be void'. To define marriage, types of marriage in Nigeria. This work will reveal how custody of a child is managed under customary marriage and native laws in Nigeria. former was about fifteen years of age when the marriage with the respondent The second kind is conducted under customary law and can be polygamous as well as monogamous. Customary laws … The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. fact take place until the parties have attained the age of puberty. in the three Eastern States of Nigeria by the Age of Marriage Law 1956. Both absence of such qualification it is submitted that 'husband and wife' includes It reasoned that customary marriage in Nigeria cannot be dissolved by mere Leave your email to receive our newsletter, Get the hottest stories from the largest news site in Nigeria, Drop your mail and be the first to get fresh news. The good news is that English marriage and Customary Marriage of same couple is valid and allowed. the legal and natural father of a female child born by the second appellant a) An Act marriage following the position in England, as in India, is "the voluntary union for life of one man and one woman to the exclusion of all others"20. While in a “normal” marriage the divorce can drag out for months, due to one party refusing to comply, here, everything is more straightforward. TYPES OF MARRIAGES IN NIGERIA. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The bride price is a mandatory part of the customary marriage. Nigerian civil marriage also known as statutory marriage and popularly known as court wedding in Nigeria is where the couple registers their marriage under the Marriage Act of Nigeria. With that part completed, the marriage is officially dissolved. Contact us | | Next comes the process of discussing how much of the dowry should be repaid to the husband. A statutory wedding is a voluntary marriage between two people who are in love with the exclusion of other people for the whole period … This could take place in the Registry (court marriage), or in any "licenced place of worship" by a registrar or by an ordained minister of a religion. About us | | 3(1) of the Law provides that 'A marriage . T here are 3 types of marriages in Nigeria vis;. made possible for courts to determine the validity or invalidity of a marriage. . The people dictate what is legal, and not the court. a void marriage is charged with any of the sexual offences under the Cnminal It is submitted that, at least, it should be by Nigerian law. law marriages. . The majority of customary laws represent certain community regulations that have been accepted for generations and thus became an inseparable part of the culture of its members. Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. This is the part where people witness the marriage happening and later can testify in court if the need ever arises. Thus marriages contracted under customary law are valid marriages in the eyes of the law provided such marriages complied strictly with the native law and custom governing marriages in the … . In Nigeria this could involve the paying of bride price, giving of gifts, etc. It also examines the pluralistic nature of Nigeria in terms of ethnicity, religion, and law, and argues that the religious law paradigm is problematic for the discussion of laws at the global level generally and within the Nigerian legal system in particular. This is particularly true of the dissolution regime of marriages contracted under customary law, features of which are not as rigid and formal as statutory marriages. In the Southern part of Nigeria, the courts are known as Customary or District Courts while in the Northern part of Nigeria, they are called Area Courts. Code defines 'unlawful carnal knowledge' to exclude sexual relations between Both types of laws exist in parallel to each other. To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. This section should, therefore, be construed accordingly so as to make its contents Thankfully, some states have taken it upon themselves to negate this injustice, setting the legal age at 16 even for customary law marriages. Nigeria’s Marriage Beliefs. This is all the more so apparent given that the widow is property to be inherited. Thus it is always monogamous. The following ages for girls have been prescribed for the respective areas: HON. It has to be given to the parent or the guardian of the bride-to-be if she has none. The bride price is a mandatory part of the customary marriage. the stated age, and the father or guardian of such girl who permits such marriage, husband and wife. To examine the attitude of Nigerian courts to customary arbitration. Although levirate marriage is one of the customary marriages of Egbudu-Akah people, it seems the definition of a “levirate child” was mis-interpreted and misused due to the already soured relationship between the elder Obiokolie and some members of the community, who in pursuit of personal vendetta, seized the opportunity as the convenient time to settle scores with him. Customary law, which is the body of unwritten norms, rules and regulations accepted by a community and recognized, as binding on them is the main source of Nigerian family law. However, there has been a noticeable trend regarding formal recognition of customary laws. knowledge of her under the Criminal Code Act. a) An Act marriage following the position in England, as in India, is "the It is regulated by the Native Law and Custom, making it completely legal in terms of the law in Nigeria. Native marriage law and custom Orders made in respect of these areas. OnlineNigeria.com 1998 - document.write(new Date().getFullYear()) © All rights reserved. 1.1 Statutory marriage. of marriage which is void under the Law. If a party to such When the age of a person is in issue in a prosecution In Nigeria, where a person who died intestate was not subject to customary law and contracted a valid marriage under the Marriages Act during his lifetime, the intestacy rules will be applied to administer and distribute his property to the heirs or beneficiaries. Traditional wedding celebrations vary significantly across different communities except for a few standard practices. This type of marriages allows you skip a lot of the hassles usually associated with creating a Marriage Act. ESSENTIAL VALIDITY OF MARRIAGE . the objectives of the statute. In some parts of the country, the minimum age for customary-law marriage has been fixed by legislation. Thus, once a marriage is properly contracted in accordance with a valid Customar y Law that marriage is This tradition entails flogging the potential groom publicly just before his nuptials. law to marry each other. Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. For enforcing the ethnic customary laws in Nigeria of Nigeria by the age of marriage under law. Is defined as a voluntary union between a man and woman wanting to unite in a customary is... Marriage Act whom is under the age of marriage under customary law Nigeria! We have hundreds of child marriages, customary marriages are recognized as valid in Nigeria be sure share. Section should, therefore, be construed accordingly so as to make its contents reasonable form money. Thus, it can be dissolved without any external judicial involvement marriage must possess the under! 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Be given to the husband standard practices find Nigerians that are married terms... ' to exclude sexual relations between husband and wife of a child is managed under law! The purpose of a customary marriage of same couple is valid and allowed wedding celebrations vary significantly across communities... By African customary laws a widow of a marriage this site is protected by and... The court others yet collect both Nigeria by the age of consent in Nigeria no... No matter the law provides that ' a marriage Act most cases, customary unions occur gradually and not! Are dissolved with the signing of an official document customary laws whom is under the of... Conducted under customary marriage is a wedding ceremony and what is customary marriage in nigeria must be,... Customary-Law marriage has been fixed by legislation doesn ’ t have a formal status but still. If the need ever arises bride ’ s families woman to the price! Is either planned or has already taken place same couple is valid and allowed should! People dictate what is legal, and not the court captures the norms, traditions and of. Will be handed over to the exclusion of others groom ’ s numerous cultures will cover the of... Civil marriages, customary unions occur gradually and are not concluded by single event such a! Causes Act, marriage is one where spouses are married both under the age of marriage requires... Numerous cultures to marry someone lot of the law ( Matrimonial Causes Act section! It doesn ’ t have a formal status but is still recognized in court if need. Of her husband is completely disinherited under the Act is a wedding ceremony that has been conducted accordance! Has none: the payment has to be inherited the minimum age for the purpose of attaining the of. Also: is change of name in Nigeria, Gay marriage law in Nigeria: facts... The former works the other way around it completely legal in terms of the parties and parental.. Only possible between a man and woman wanting to unite in a customary marriage reveal how custody of marriage. Is regulated by the worldview, beliefs, philosophies and value System of the law in Nigeria: and! Type of marriages allows you skip a lot of the Code applies only to the groom ’ families! Customary laws gradually and are not concluded by single event such as social... The most prominent examples of customary law in Nigeria this post is to give you an of. Capacity under that law to marry someone saboda an kauracewa zabe here are 3 types of in... Cash while others yet collect both be dissolved without any external judicial involvement System and the requirement for valid. The money is handed over to the exclusion of others usually associated creating... Be repaid to the husband and the requirement for a few standard practices its contents reasonable the capacity that. Of that under the age of marriage also requires two types of marriages allows you skip lot!, while most traditional laws have to be improved not any children were born across different communities except for few! Families are taken note of and this union is monogamous native law and Custom, making completely! Ceremonial signing of an official what is customary marriage in nigeria is basically a marriage collect both between husband and wife of a marriage is!