Importance of customary marriage in africa
The most important customary law rule (hereinafter existence of a customary marriage between the applicant and his son and rejected any 11 that the rule of african customary law which generally excludes african women from intestate succession (the customary law rule) is inconsistent with the.  the recognition of customary marriages act 120 of 1998 (‘rcma’) was enacted to recognise customary marriages in accordance with south africa’s constitutional obligation, and contains mandatory requirements for a valid customary marriage. The recognition of customary marriages act (“rcma”) became law on 15 november 2000 if you were in an existing customary marriage before this date, your marriage is still recognised under the new law, as the rcma has retrospective effect. This high-profile case raises important questions about what is considered marital property in customary marriages and how marital property can be shared on divorce elena moore and chuma himonga report on the results of research on this topic conducted in association with the national movement of rural women.
Officially, in terms of the recognition of customary marriages act, 'customary law' means the customs and usages traditionally observed among the indigenous african peoples of south africa and form part of the culture of those peoples. The importance and relevance of amicus curiae participation in litigating on the customary law of marriage amanda spies associate professor, department of public, constitutional and international. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country a man in south africa may have more than one spouse but a south african woman may only have one spouse.
Polygamy and the recognition of customary marriages act the recognition of customary marriages act is an important milestone onthe road to gender equality in south africa, according parity to all maritalregimes and providing broad protection to women in customary unions. 210 91 the importance of customary law example for many people, customary law is the most important law in their lives, controlling areas of their lives like their marriages, their property. This paper deals with the relationship between customary law and women’s human rights in kenya, and examines the ways in which conflicts between the different legal systems impact on the human rights of women in kenya. Customary hindu practices in marriage and divorce that are outside the traditional norm are also recognized under indian law traditional hindu law recognizes eight forms of marriage, of which three—brahma, asura, and gandharba—are the most prevalent. The recognition of customary marriages act, 120 of 1998, came into operation on 15 november 2000, and gives full legal recognition to customary marriages for the first time in the history of south africa.
Customary law is defined as customs observed amongst the indigenous african peoples of south africa and which form part of their culture customary marriage takes place in line with this law and usually involves a financial transaction known as ‘lobolo. African customary law, customs, and women's rights muna ndulo cornell law school, argued that the courts have an important role to play in ensuring that see, eg, lea mwambene, marriage under african customary law in the face of the bill of rights and international human rights standards in malawi, 10 afr hum. Report on the customary law of succession report on the customary law of succession 24 reform of the customary law of succession in africa 18 25 conclusion 21 of her customary marriage be protected at the death of such wife in that only her descendants may inherit this. The polygamy has existed in all over the african continent thanks to the fact that it represents an aspect of their culture and religion these types of marriages have been more present in the whole history of africa like no other continent in the world.
Importance of customary marriage in africa
Indigenous african peoples of south africa and which form part of the culture of those customary marriage, register the marriage by recording the identity of the spouses, the 6/1/2009 recognition of customary marriages act 120 of 1998. Customary law has its advantages in regards to civil disputes in my opinion africa customary law has precedents in gender equality women in africa have fallen victim to these circumstances of customary law. On the importance of the partners in a customary marriage ensuring that they can prove their marital status if required to do so this proof can take various forms customary marriages entered into before 15 november 2000 (the commencement of the act) are.
The african studies centre was founded in july 1965 to facilitate marriage and divorce among the asante: study undertaken in the course of the ashanti social survey (1945) there is an important point that needs to be made on the orthography of. Africa, with its many nations and tribes, is very rich in different wedding traditions an old african proverb says, a man without a wife is like a vase without flowers egyptian weddings are often arranged.
I submit that the delivery of, or the negotiation of ilobolo pursuant to the conclusion of a customary marriage is the most important ingredient that distinguishes a customary marriage from other seymour’s customary law in southern africa 5ed (cape town: juta 1989) at 151. The recognition of the customary marriages act 120 of 1998 came into effect after an investigation by the south african law reform commission of the legal position of customary marriages, which were up to the anactment not recognised as valid marriages before the law, because of the system's polygamous nature. Because customary marriages are common in south africa, this act makes provision for protection and recognition of spouses, and sets out the requirements that make a customary marriage valid.