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. A customary marriage is one where spouses are married in terms of customs and tradition.
What is a customary marriage in Nigeria?
Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom’s families. In Nigeria this could involve the paying of bride price, giving of gifts, etc. Marriage under the Act is a marriage that has been performed in compliance with the Marriage Act.
Is customary law marriage valid in Nigeria?
Â In other words, it is a legal union which exists between a man and a wife(s). Â The practice is acceptable world over and it is usually legally recognized. In Nigeria, though there exist a statutory marriage which is monogamous in nature but most prevalent is the customary marriage.
What is the meaning of customary marriage?
A customary marriage is one that’s “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa”. This doesn’t include marriages concluded in Hindu, Muslim or other religious rites.
What is married under customary law?
According to section 1 of the Act ‘customary marriage’ means a marriage concluded in accordance with customary law, while ‘customary law’ means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples.
What is the difference between traditional marriage and customary marriage?
What is a Customary Marriage? … There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.
What is the difference between statutory marriage and customary marriage?
Statutory law provides for the sharing of property between husband and wife and the maintenance of either spouse upon divorce. … However, customary law denies women any rights to family property or maintenance upon dissolution of marriage (14).
How can we stop customary marriage in Nigeria?
There is no special judicial procedure for dissolution of customary marriage. In general, there are no strict and standardized grounds for dissolution of a customary marriage, howbeit, an emphasis is placed on the fact that the marriage has failed.
Is it legal to marry two wives in Nigeria?
Marrying multiple wives is a lot less common among educated people in Nigeria but polygamy still happens in rural areas, especially in the Muslim north. It is legal. Though the official marriage registry only allows for one wife, it also has a clause that allows for marriage under “customary” law.
Can a man do court wedding twice in Nigeria?
Under civil law, Nigeria does not recognize polygamous unions. … All twelve states are governed by Sharia Law. The states, which are all northern, include the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara which allows for a man to take more than one wife.
How is customary marriage done?
The specific customary rites that are followed vary from group to group, although in virtually all cases customary marriage involves a gathering at which the bridegroom’s family makes payment of a bride-price to the bride’s family, followed by the bride being asked if she will accept the bridegroom as her husband.
How do you nullify customary marriage?
Dissolution of marriage in terms of the Act
Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.
Is an unregistered customary marriage valid?
A woman in a customary marriage whose rights have been infringed upon has the right to access the courts and have her rights upheld. A customary marriage, even if unregistered, remains valid it if complies with section 3 of the Act, until proven otherwise.