AN INVESTIGATION ON THE LEGAL IMPACT OF CUSTOMARY LAW MARRIAGES IN NIGERIA
- Project Research
- 1-5 Chapters
- Qualitative
- Library / Doctrinal
- Abstract : Available
- Table of Content: Available
- Reference Style: APA
- Recommended for : Student Researchers
- NGN 3000
Background of the Study
Marriage is a worldwide institution that is acknowledged and revered in every single country in the globe. Marriage is a social institution that is established on and is guided by the social and religious standards of the culture in which it takes place[1]. As a result, the idea that marriage should be treated as a sacred institution is widely recognized and upheld around the globe. Marriage is the cornerstone of both families and communities. In spite of this, a glance at the different kinds of marriage in Nigeria reveals that, in contrast to the majority of European nations, Nigeria recognizes not one but two different kinds of marriage: monogamous and polygamous marriage[2]. The nature and procedures of these two marriage systems couldn't be more different from one another. In order to clear up any misunderstandings that may arise about Nigeria's marriage laws, it is essential to take into account the dual nature of the country's legal system. Before he may apply the relevant legislation in any matter involving marriage in Nigeria, the lawyer is required to first identify the kind of marriage at issue [3]. On the other hand, the concept of monogamous marriage in Nigeria is on par with that in England. The consensual union for life of one man and one woman to the exclusion of all others is what Lord Pensance referred to as marriage; on the other hand, polygamous marriage might be described as the voluntary union for life of one man and one or more wives [4]. (Cottrell, 2013). The capacity of the male to have as many women as he wants is the defining feature of this aspect of the culture. The simple fact that he is only ever with one woman at any one time does not change the nature of the marriage as long as he retains the ability to have sexual relations with other women. Under a polygamous social structure, a man is permitted to have whatever number of women he chooses, and this number is not restricted in any way. It is constantly dependent on how prosperous it is [5].
[6] Marriage is an institution that represents all of the behaviors, norms, roles, expectations, and values associated with the legal union of a person or a union of persons who are most often of the opposite sex, involving a man and a woman. Marriage typically involves a man and a woman. Marriage also represents the behaviors, norms, roles, and expectations that are associated with marriage. [7] Getting married is one of the most significant moments in a person's life since it signifies the beginning of their adulthood and the beginning of a commitment to another person that will last a lifetime.
Marriage is a system that is carried out, following a number of complex processes as they are performed and understood by the cultures of the persons involved. This system is called "the rite of passage." [8] Depending on their cultural and social perspective, each groups have their own conventions and forms of weddings that they acknowledge. Arranged weddings, polygamous marriages, and other types of marriages have traditionally been commonplace in Nigeria, which is an integral element of the larger African community. Old marriage customs from many Nigerian tribes are gradually being replaced by Western-style marital practices[9]. Because of this pattern, the number of marriages conducted according to Nigeria's traditional legal system has skyrocketed to an unprecedented level. According to an observation made by Boateng that was referenced in Ardayfio-Schandorf, familial roots and ethnic origins, which were of major significance in the ancient practice of marriage, have been replaced by love and affection between spouses.
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