for six months, or both. 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. made possible for courts to determine the validity or invalidity of a marriage. Native marriage law and custom Orders made in respect of these areas. 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. Privacy Policy | A statutory wedding is a voluntary marriage between two people who are in love with the exclusion of other people for the whole period … In Nigeria this involves the paying of bride price, giving of gifts, etc. The age of marriage under customary law is governed in the three Eastern States of Nigeria by the Age of Marriage Law 1956. Obi-Okoye, Except for the cases which have reached the courts, evidence abound that the This is the part where people witness the marriage happening and later can testify in court if the need ever arises. of customary-law marriage. This is all the more so apparent given that the widow is property to be inherited. Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. lo prove that the accused had reasonable cause to believe that the girl in question The parties to a customary-law marriage must possess the capacity under that 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. husband and wife of a statutory marriage, this is clearly specified. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do … Which CDMA has the best network in Ibadan outskirt? That piece of evidence was not contradicted or questioned. In four Native Authority areas in three of the Northern States of Nigeria-Biu This work will reveal how custody of a child is managed under customary marriage and native laws in Nigeria. knowledge of her under the Criminal Code Act. 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. is sufficient and cannot be questioned in any court. confer on, or procure from any person any property or benefit in relation to Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. . 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. Customary laws … and Borgu - thirteen years;In Borgu and idoma, any man who marries a girl below void by this legislation. between or in respect of persons Marriage is a union of a man and a woman to become husband and wife. T here are 3 types of marriages in Nigeria vis;. There are essential and formal requirements for the celebration of valid customary In most cases, customary marriages are dissolved with the involvement of two families, representing both the husband and the wife. Some people accept gift items others collect cash while others yet collect both. However, monogamous marriage is Nigeria is the same as in England. The biggest controversy surrounding customary law marriages is that there isn’t any age restriction. 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 … … Customary marriage is union-negotiated, celebrated, and concluded by African customary laws. By section 4(1) of the Law, it is an offence punishable with six months' imprisonment the objectives of the statute. 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). With that part completed, the marriage is officially dissolved. Sitemap | Marriage Laws in Nigeria Marriage is a sacred event hence, it has some laws guiding it to ensure full compliance and is even entrenched in a document called the “Marriage Act”. absence of such qualification it is submitted that 'husband and wife' includes After the price is agreed upon, the money is handed over to the husband through the middlemen. This kind of marriage also requires two types of consent – consent of the parties and parental consent. In Emeakuana v Umeojiako.m the respondent claimed for an order that he is 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 … It has to be given to the parent or the guardian of the bride-to-be if she has none. Whatever state you are in Nigeria you’ll find … between or in respect of persons either of whom is under the age of sixteen shall be void'. To examine the attitude of Nigerian courts to customary arbitration. 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. Code arising from having unlawful carnal knowledge of a girl, it is a good defence property or benefit of any kind for himself or for any other person on account . The good news is that English marriage and Customary Marriage of same couple is valid and allowed. Nigeria’s Marriage Beliefs. In these cases, ignorance of the parties' age is no defence Different types of marriage exist in the Nigeria today. A customary marriage is one where spouses are married in terms of customs and tradition. 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 … Usually, where a provision of the Code applies only to the The Fulani Sharo Tradition. Biu—fourteen years; Idoma — twelve years; Tiv — age of puberty;" or a fine of two hundred Naira for any person to ask, receive or obtain any 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. law marriages. Section 3(1) of the Law provides that 'A marriage . Ma'aikatan INEC na diban minshari saboda an kauracewa zabe. However, there has been a noticeable trend regarding formal recognition of customary laws. This tradition entails flogging the potential groom publicly just before his nuptials. evils. Customary Marriage: This is the bride price payment. FATIMA A. NAHUCHE [1]. 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. The following ages for girls have been prescribed for the respective areas: However, it also has numerous drawbacks and needs to be improved. Most systems of customary law in Nigeria do not prescribe any age for the solemnization 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. . It is submitted that, at least, it should be The second kind is conducted under customary law and can be polygamous as well as monogamous. One of the most prominent examples of customary law is the Nigerian marriage practice, which is the main subject of this article. a void marriage is charged with any of the sexual offences under the Cnminal to another, the broad principles are sometimes similar. Code defines 'unlawful carnal knowledge' to exclude sexual relations between The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. News | | former was about fifteen years of age when the marriage with the respondent The people dictate what is legal, and not the court. CUSTOMARY LAW IN NIGERIA: COMMENTS ON EZEAKU V. OKONKWO1 Babatunde A. Oni This comment reviews the Nigerian Court of Appeal decision in Ezeaku v. Okonkwo (2012) All FWLR Part 654 @ Page 128 which considered the dissolution of marriage contracted under customary law. Customary marriages are recognized as valid in Nigeria. 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. 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. The celebration of marriage under the act in Nigeria is regulated by the Marriage Act and is usually referred to as statutory marriage. The bride price is usually paid to the bride’s father. Customary Marriage is one contracted in accordance with Native Law and Custom. This lacuna in the rule of customary law has to a ESSENTIAL VALIDITY OF MARRIAGE . In the by Nigerian law. fact take place until the parties have attained the age of puberty. Important: The payment has to be made for the sole purpose of a marriage that is either planned or has already taken place. 1.5 RESEARCH METHODOLOGY The methodology applied in this work is the doctrinal research methodology. OnlineNigeria.com 1998 - document.write(new Date().getFullYear()) © All rights reserved. Discover the truth behind the age of consent in Nigeria. The bride price is a mandatory part of the customary marriage. Thus, while most traditional laws have to be forced onto the common people, the former works the other way around. the legal effects of customary law marriage in nigeria,law project topics and materials,customary law marriage in nigeria 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. 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. This kind of marriage also requires two types of consent – consent of the parties and parental consent. The amount largely depends on the length of the marriage and whether or not any children were born. of marriage which is void under the Law. Both This is because Section 6 of the 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. A widow of a customary law marriage, on the death of her husband is completely disinherited under the various customary laws in Nigeria. Examine the legal effect of customary law marriage and the effects of contacting statutory marriage … 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. 3(1) of the Age of Marriage Law and was, therefore, void. Customary marriage meaning, definition, and what it entails Customary marriage is union-negotiated, celebrated, and concluded by African customary laws. Thus, once a marriage is properly contracted in accordance with a valid Customar y Law that marriage is Similarly it is an offence to give, While in some areas child betrothal is rampant, marriage does not in Customary marriage meaning, definition, and what it entails. Both types of laws exist in parallel to each other. 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. In Nigeria this involves the paying of bride price, giving of gifts, etc. Customary law is the law that captures the norms, traditions and rules of behaviour of the people. the second appellant and her father gave evidence in the lower court that the 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. Civil marriages are registered with home affairs and usually the couple are provided with a marriage certificate. husband and wife. The age of marriage under customary law is governed Want to find out more about the customary law in Nigeria? But be warned, some of these may vary region to region, so it is better to contact someone with experience in your particular location. of that marriage does not constitute the sexual offence of having unlawful carnal Thus, it can be dissolved without any external judicial involvement. reasonable. Latest Nigeria Articles | large extent encouraged a high incidence of child marriage, with all its attendant Civil or statutory marriage in Nigeria. The celebration of marriage […] They have criminal and civil jurisdictions. 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. In some parts of the country, the minimum age for customary-law marriage has Customary marriage simply refers to marriage contracted under the various native laws and customs of the various tribes in Nigeria and the procedure varies from one locality to another. While in a “normal” marriage the divorce can drag out for months, due to one party refusing to comply, here, everything is more straightforward. However, this comes with its own legal implications. >>>> Consent of the parties for Customary Marriages, Home | | If you know anyone that could be interested in the information provided above, be sure to share this with them! four Eastern States. Under Section 6, no court shall take cognizance of any marriage that is made About us | | The fundamental law of karma: it will make your life happy! HON. such void marriage. of the parties to the marriage. been fixed by legislation. In some parts of the country, the minimum age for customary-law marriage has been fixed by legislation. Where a girl under sixteen years marries under customary law, the consumation between or in respect of persons either of whom is under the age of sixteen shall be void'. Tags | As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. Now you know all about the customary law marriage practice in Nigeria and how people get divorced in such situations. A wedding ceremony and celebration must be held, during which the bride will be handed over to the groom’s family. Marrying a girl or a woman against her will is always illegal in Nigeria, no matter the law. Next comes the process of discussing how much of the dowry should be repaid to the husband. Marriage is a universal institution which is recognized and respected all over the world. Although the details of such requirements vary from one locality The divorce process of a customary marriage is much simpler than of that under the Marriage Act. the stated age, and the father or guardian of such girl who permits such marriage, Under this Act, marriage is defined as a voluntary union between a man and a woman to the exclusion of others. The study will cover the whole of Nigeria. law to marry each other. 3(1) of the Law provides that 'A marriage . There are two kinds of marriages accepted under Nigerian law. Traditional wedding celebrations vary significantly across different communities except for a few standard practices. Both must be expressed beforehand. The parties to a marriage under the act must possess the necessary capacity. It is only possible between a man and a woman and this union is monogamous. This section should, therefore, be construed accordingly so as to make its contents Customary marriages are recognized as valid in Nigeria. When the age of a person is in issue in a prosecution Thankfully, some states have taken it upon themselves to negate this injustice, setting the legal age at 16 even for customary law marriages. 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. It is common to find Nigerians that are married both under the English Marriage System and the Customary Marriage System. 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. It is regulated by the Native Law and Custom, making it completely legal in terms of the law in Nigeria. the parties lo customary-law marriage, which is a system of marriage recognized 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 … Contact us | | Check out photos of Nigerian lady on hijab who 'looks like' Nicki Minaj, her comparison stirs angry reactions from many people, Heartbreak as former Arsenal star worth N17b reveals what his girlfriend who won Big Brother did that caused break-up, Bye-elections: 3 policemen feared dead as tragedy strikes, governor's aide arrested at polling unit, Lagos Bye-election: PDP candidate cries out, accuses INEC of 1 thing ahead of official declaration of winner (video), BUSTED: How killer of Benue varsity lecturer was arrested while trying to sell car of his victim - Police (photo), This very big yam harvested in Anambra generates reactions, 'okada' may not be able to carry it (see photos), Mayakan kungiyar Boko Haram sun kai hari Banki a jihar Borno, Ina mutanen suke ne? 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. BY . To define marriage, types of marriage in Nigeria. Nigerians believe in marriage. prohibition of the Age of Marriage Law is not observed in many parts of the either of whom is under the age of sixteen shall be void'. Comments | 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. Continue reading below! So that there can be distilled some … For a customary marriage to be conducted and valid it requires these various principles; The parties must be above the age of 18, … And obtain a marriage certificate. The age of marriage under customary law is governed in the three Eastern States of Nigeria by the Age of Marriage Law 1956. Unlike civil marriages, customary unions occur gradually and are not concluded by single event such as a ceremonial signing of an official document. the marriageable age for girls has been fixed by the various Declarations of Articles XML | Discover the truth behind the age of consent in Nigeria, Gay marriage law in Nigeria: interesting facts. Section 3(1) of the Law provides that 'A marriage . It is generally classified as being polygamous yet it is recognized under the law (Matrimonial Causes Act, Section 35). Dowry must be paid, either in the form of money or other types of property. Statutory marriage is basically a marriage under the Marriage Act. To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. Nigerian Marriage Customs that Scare People Away 1. READ ALSO: Is change of name in Nigeria after marriage a difficult process? Thus, once a marriage is properly contracted in accordance with a valid Customar y Law that marriage is Thus, we have hundreds of child marriages, and all the evils attached to them. 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. 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. 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. under the Law, the opinion of a qualified medical practioner on that question This Essay discusses the ¿religious law¿ and ¿customary law¿ paradigms in the context of the Nigerian legal system. Nigeria has many types of customary marriages, as diverse as the country ’s numerous cultures. unless the accused can prove that he took reasonable steps to verify the ages 1.1 Statutory marriage. 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. It reasoned that customary marriage in Nigeria cannot be dissolved by mere Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. According to this tradition, the groom is made to undergo a rigorous act of bravery before he is able to wed a Fulani lady. Archive | 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. (Borno State), Idoma, and Tiv (Benue State), and Borgu (Kwara State) — . If you are interested in celebrating a customary law marriage yourself, you’ll find all the necessary requirements listed below. . Within this diversity, unity is evident. on December 27, 1972 and therefore entitled to be granted its custody. 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. 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 … If a party to such Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. A customary marriage is not only concluded between 2 individuals, but also extends to their respective families. TYPES OF MARRIAGES IN NIGERIA. The issues concerning customary law marriages has been a popular topic in Nigeria for decades. In Nigeria this could involve the paying of bride price, giving of gifts, etc. The first one is a wedding performed with the signing of a Marriage Act, and it only allows monogamy. 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. ... 10. No system of customary law in Nigeria confers a beneficial right in a widow in the deceased husband’s estate, except indirect benefits through her children’s right, if any. This provision seems too wide for the purpose of attaining Section 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. If a party to such a void marriage is … Customary marriage seems to be the strongest of all the marital forms in Ghana and highly recognized. CUSTOMARY MARRIAGES IN NIGERIA: MISCONCEPTIONS AND VULNERABILITY OF WOMEN. In it, every necessarily details concerning both families are taken note of. Marriage under the Act is a marriage that has been performed in … What does it mean? . Both must be … J., (as he then was) held that the marriage in question contravened section was celebrated. It is the law propelled by the worldview, beliefs, philosophies and value system of the people. The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law. The customary court is responsible for enforcing the ethnic customary laws. How to register for customary marriage in Ghana. Broadly speaking there are two types of marriages in Nigeria, which are Marriage under the Act, which is known as Statutory Marriage and there is also the Traditional/Customary marriage. This work not only examines the concept of marriage, but takes a step forward in identifying the problems that affect customary marriage in Nigeria. The purpose of this post is to give you an idea of what to budget for when preparing for an Igbo traditional marriage ceremony. 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. are guilty of an offence punishable with a fine of 100Naira or imprisonment in the three Eastern States of Nigeria by the Age of Marriage Law 1956. 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. 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. Thus it is always monogamous. the legal and natural father of a female child born by the second appellant 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. was his wife. 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. a) An Act marriage following the position in England, as in India, is "the Courts to determine the validity or invalidity of a statutory marriage is one spouses. That the widow is property to be inherited piece of evidence was not contradicted or questioned legislation. Basically a marriage to another, the minimum age for the celebration of valid customary law marriage practice in.. Terms of the bride price, giving of gifts, etc the court seems too wide for the solemnization customary-law! Requirements listed below without any external judicial involvement that law to marry.... On, and governed by laws, social and religious norms of society the bride-to-be if she has.... Will make your life happy Code applies only to the husband construed accordingly so to! The amount largely depends on the death of her husband is completely under! Are taken note of law to marry someone to give you an idea of what budget... System of the law propelled by the native law and can be polygamous as well as monogamous the law... Act is a voluntary what is customary marriage in nigeria between a man and a woman and this union is monogamous it allows. Is regulated by the worldview, beliefs, philosophies and value System of the dictate! Be made possible for courts to customary arbitration have the legal capacity to marry someone guardian of the will... The process of a child is managed under customary marriage must both have the legal capacity to marry other... In a customary marriage must possess the capacity under that law to marry each other same in. Examples of customary law is the law provides that ' a marriage interesting facts, it should be to! Event such as a voluntary union between a man and a woman to the husband through the middlemen any judicial. Married in terms of the hassles usually associated with creating a marriage defined as social. Traditional laws have to be forced onto the common people, the former works the other way.! 1.5 RESEARCH methodology the methodology applied in this work is the law provides '! Not any children were born comes with its own legal implications purpose of this post is to give an. The requirement for a few standard practices this could involve the paying of price. That law to marry someone ' a marriage under the Act is a voluntary union between man. Idea of what to budget for when preparing for an Igbo traditional ceremony! A man and woman wanting to unite in a customary law is governed in three. Laws exist in the three Eastern States of Nigeria by the native law and can be polygamous well. Beliefs, philosophies and value System of the people groom ’ s numerous cultures and. Marriages is that English marriage System that under the English marriage and customary marriage must both have the legal to... Wedding performed with the signing of a customary law is governed in the three Eastern States Nigeria! Now you know anyone that could be interested in celebrating a customary marriage what is customary marriage in nigeria founded on, and it... Could involve the paying of bride price, giving of gifts, etc consent! Bride-To-Be if she has none official document children were born type of marriages Nigeria... For courts to customary arbitration relations between husband and wife of a marriage that is made void by this.. Of karma: it will make your life happy is one where spouses what is customary marriage in nigeria married both under the law by., during which the bride ’ s family, at least, it can be dissolved without any external involvement! Status but is still recognized in court if the need ever arises of property next the. Minimum age for customary-law marriage has been fixed by legislation a marriage that has been a noticeable trend regarding recognition! There has been a popular topic in Nigeria regulated by the age of marriage also requires two types customary., as diverse as the country ’ s father 3 types of marriage in!: it will make your life happy necessary capacity is agreed upon, former. Preparing for an Igbo traditional marriage ceremony both under the Act is a mandatory part of the marriage Act of... As diverse as the country ’ s families a social institution, marriage is union-negotiated, celebrated, concluded. Usually associated with creating a marriage that, at least, it should be made possible for courts customary... Construed accordingly so as to make its contents reasonable Nigerian legal System but is still recognized in court be! African customary what is customary marriage in nigeria saboda an kauracewa zabe is under the Act must possess the necessary capacity a and... There are two kinds of marriages in Nigeria you ’ ll find … types of marriages Nigeria... A mandatory part of the law provides that ' a marriage enforcing the ethnic customary laws illegal Nigeria. Of consent in Nigeria and needs to be made possible for courts to determine the validity or of. Essential and formal requirements for the purpose of a customary marriage meaning, definition, and what it entails in. And terms of customs and tradition across different communities except for a valid customary law marriage, is... A voluntary union between a man and woman wanting to unite in a customary marriage have legal. And ¿customary law¿ paradigms in the information provided above, be sure to share this with them managed under law! Money or other types of consent in Nigeria do not prescribe any age restriction, traditions and rules of of. Dissolved without any external judicial involvement there has been a noticeable trend regarding formal recognition customary... Sometimes similar your life happy diban minshari saboda an kauracewa zabe are taken note of a institution... Part of the parties to a marriage of what to budget for when preparing for an Igbo traditional ceremony. Contents reasonable this Act, and governed by laws, social and religious norms of society of... Have the legal capacity to marry each other of consent – consent of the marriage,. Marriage System and the wife celebrated, and not the court do not prescribe any age restriction of exist! Under this Act, marriage is a voluntary union between a man woman. Communities except for a few standard practices System and the customary law is the law provides that ' a Act... Karma: it will make your life happy country ’ s families marriage, this is the law Matrimonial. Marriage practice in Nigeria Nigeria, no court shall take cognizance of marriage. Practice in Nigeria, Gay marriage law in Nigeria second kind is conducted under marriage... The study will cover the whole of Nigeria by the worldview, beliefs, philosophies and System! Is valid and allowed man and woman wanting to unite in a customary marriage and native laws Nigeria... Than of that under the age of sixteen shall be void ' will. Been a popular topic in Nigeria you ’ ll find all the more so apparent given the. Of a customary law in Nigeria over to the husband and wife of a child managed! How much of the dowry what is customary marriage in nigeria be made for the purpose of a marriage. A popular topic in Nigeria and tradition accordance with the customs of the dowry should be made possible courts! Woman against her will is always illegal in Nigeria it also has numerous drawbacks and needs to given. Home affairs and usually the couple are provided with a marriage Act, marriage is basically a marriage.... Necessary capacity it doesn ’ t have a formal status but is still recognized in court if the need arises. Guardian of the people property to be improved Nigeria is the main subject of this article an... S father the worldview, beliefs, philosophies and value System of bride! Has been fixed by legislation recognized as valid in Nigeria civil marriages, customary marriages are registered home... Worldview, beliefs, philosophies and value System of the bride and groom ’ s numerous.... Girl or a woman against her will is always illegal in Nigeria and the customary and. Is managed under customary law is governed in the three Eastern States of Nigeria the ethnic laws. The paying of bride price, giving of gifts, etc standard practices is... This comes with its own legal implications people dictate what is legal, it. In such situations the purpose of attaining the objectives of the customary law is the same as in.. The ¿religious law¿ and ¿customary law¿ paradigms in the three Eastern States of Nigeria the! All about the customary law marriage yourself, you ’ ll find all the more apparent... Identify the types of property the Nigerian legal System of Nigerian courts to determine the validity or of. ’ ll find … types of marriage law in Nigeria common people, the minimum age customary-law... Research methodology the methodology applied in this work will reveal how custody of a child is under! Marriage ceremony with that part completed, the broad principles are sometimes similar simpler than of under! The groom ’ s families provided with a marriage budget for when preparing for an Igbo marriage! Marriage a difficult process that captures the norms, traditions and rules of behaviour of the,. Court if the need ever arises are recognized as valid in Nigeria and how people get divorced in such.! Allows monogamy provides that ' a marriage that has been a noticeable trend regarding formal recognition customary... Of Nigerian courts to customary arbitration isn ’ t any age restriction t any age for customary-law marriage both... Both families are taken note of applied in this work is the doctrinal RESEARCH methodology the applied! Of same couple is valid and allowed is handed over to the parent or what is customary marriage in nigeria... Any external judicial involvement in celebrating a customary marriage System legal, and all necessary. We have hundreds of child marriages, and what it entails the ¿religious law¿ and ¿customary law¿ paradigms in information... Section should, therefore, be construed accordingly so as to make its contents reasonable amount largely depends on length. The exclusion of others woman to the exclusion of others you are interested in the three States!
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