Uniform marriage act passed into law in tanganyika in 1971, integrating existing marriage laws while preserving right to religious solemnisation and option of polygamy. Interpretation in this act, except where the context otherwise requires district means a marriage district constituted under this act. Inquiry and report on the law of marriage act, 1971 section 91 of law reform commission of tanzania act, no. An act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters i i. Issue of marriage certificate or transmission of statement of particulars. Enacted by the parliament of the united republic of tanzania. Effect of nonobservance of the conditions of this act. Aug 14, 2011 in tanzania the parties are allowed to petition for a decree of divorce or separation in the court of law regardless as to whether their marriage was a customary marriage or religious marriage. Tanzania the law of marriage act, 1971, as amended by act 2373, act 1580 and act 9 96 sections 102, 1 and 15 of tanzanias law of marriage act of 1971 allow men to contract polygamous marriages, and permit the marriage of 15yearold girls, while the minimum age of marriage for boys is 18. Tecmn is petitioning for the amendment of the law of.
Tanzania has one of the highest child marriage prevalence rates in the world. Section 91 of law reform commission of tanzania act, no. It also permits girls to marry at the age of 14 with the courts permission. The law of limitation act an act to prescribe the law for the limitation of actions in civil proceedings and for related matters. The act seeks to consolidate existing marriage laws into a single act currently seven. Tanzania law of marriage act, 1971 landwise from resource equity. Lesbian, gay, bisexual, and transgender lgbt persons in tanzania face legal challenges not experienced by nonlgbt residents. Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. Rwezaura introduction in 1971 when the law of marriage act1 came into force in tanzania, the law governing presumption of marriage was in a state of uncertainty. In a landmark decision, the high court of tanzania ruled last week that the law of marriages act must be revised to eliminate inequality between the minimum age of marriages for boys and for girls the current act allows girls to marry at the age of fourteen with the consent of the court, and from the age of fifteen with the consent of their parents. It emphasises recognition rather than merely registration.
Tanzania law of marriage act of 1971 amendment at advanced stage. Tanzania the law of marriage act, 1971, as amended by. Procedures for ending matrimonial proceedings in tanzania and legal duties after nullification under the marriage act 1971 as revised in 2002. It is important to be aware that the new acts will not come into force until they have been translated into kiswahili and gazetted. Schedule chapter 1 the land act an act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters. This website contains free legal materials and articles related to womens land rights.
This uncertainty arose because of the failure of courts to distinguish between two closely related aspects of presumption of marriage. Law of the child an act to provide for reform and consolidation of laws relating to children, to stipulate rights of the child and to promote, protect and maintain the welfare of a child with a view to giving effect to international and regional conventions on the rights of the child. Procedures for ending matrimonial proceedings in tanzania. Simple contracts simple contracts depend on the presence of consideration, and as a rule they need be made in no special form. The marriage act designation of foreign countries notice g. Prior to getting married in tanzania, you must get a certificate of no impediment from your home country. E 2002 lma unconstitutional and ordered the government to cause the amendment of the lma within one year. The law also punishes heterosexuals who engage in oral sex and anal intercourse. This makes girls more vulnerable to violence and deprives them of their. Laws of tanzania 2002 laws of tanzania 2003 laws of tanzania 2004 laws of tanzania 2005 laws of tanzania 2006 laws of tanzania 2007 laws of tanzania 2008 laws of tanzania 2009.
Salim mussa, the impact of the law of marriage act 1971 on islamic marriages in tanzania, unpublished llb dissertation, university of daressalaam, daressalaam, tanzania, 2000. Ministers of religion, how far entitled to be marriage officers. This legal document translated into english must state that there is no impediment to your marriage because. The law of marriage in tanzania is originated from the colonialists. The attorney general of tanzania has appealed the high courts decision to make marriage before the age of 18 illegal in the country.
Procedures for ending matrimonial proceedings in tanzania and. The law of marriage act tanzania 10 years ago admin laws and acts governing the system. Tanzanias legal system is based on english common law. A tanzanian citizen is anyone who is in possession of citizenship to the united republic of tanzania. Law of the child an act to provide for reform and consolidation of laws relating to children, to stipulate rights of the child and to promote, protect and maintain the welfare of a child with a view to giving effect to international and regional conventions on the rights. Tanzania commission for aids act, 2001 tanzania food, drugs and cosmetics act no. To get around the requirements of the marriage act, such as minimumage requirements, couples would go to gretna green in southern scotland, to get.
Tanzania the law of marriage act, 1971, as amended by act. Chapter 29 the law of marriage act between husband and. Chapter 29 the law of marriage act between husband. The law of marriage act, 1971 table of contents part i preliminary a general section title 1. Doc law of pre marriage in tanzania malughu mkumbo.
This form should be sent to dar es salaam or zanzibar. Home search results tanzania law of marriage act, 1971. Chapter 29 the law of marriage act between husband and wife. Hi, dated llth june, 1971 printed by the government printer, dar es salaam, by order of government. This act may be cited as the law of limitation act. The organization of tanzania trade unions act, 91 act no 20 91 the political service retirement benefits act, no. The marriage act, used by tanzania, mainland attachments. Section 9 1 of law reform commission of tanzania act, no. It view of the facts that, taken together, they are very long and extremely complex, the meaning is unclear in some places, and they will therefore not be easy to translate, this could take a considerable period of time. Tecmn is petitioning for the amendment of the law of marriage. Almost two out of five girls in tanzania are married before their 18th birthday. Sections 102, 1 and 15 of tanzanias law of marriage act of 1971 allow men to contract polygamous marriages, and permit the marriage of 15yearold.
The tanzanian law of marriage act the term marriage refers to an. In tanzania by then tanganyika, the british introduced the tanganyika order in council t. Nothing in this act shall authorise the making of any decree of dissolution of marriage unless the petitioner is domiciled in uganda at the time when the petition is presented. The tanzania law of marriage act, of 1971 sets the minimum age at 18 for boys and 15 for girls with parental consent to marry. Homosexuality in tanzania is a socially taboo topic, and samesex sexual acts even in private and consensual are criminal offences, punishable with life imprisonment. Legal principles from the court of appeal judgements.
Prior to 1971, muslims, christian, hindu and customary laws governed marriage and divorce, in addition to civil marriage regime. In this act registrargeneral, civil registrar, marriage officer mean respectively registrargeneral of marriages, civil registrar of marriages and marriage officer under this act. The law of marriage act provides that a marriage can be monogamous or polygamous where in a polygamous union, a man may be married to more than. Tanzania law of marriage act, 1971 law of marriage act, 1971. Ii of 1980 provides the commission may, subject to informing the attorney general in that behalf, undertake the examination of any matter without waiting for a reference on it by the attorney general. The constitution of the united republic of tanzania of 1977. The minister shall, by statutory order, divide uganda into districts for the purposes of this act, herein referred to as marriage districts, and may, from time to time by like order, alter the marriage districts, either by alteration of boundaries or by union or subdivision of.
Marriage voluntary union of a man and a woman sec 31 child any individual below the age of eighteen. Generally marriage can be defined as a contract between a man and a woman that contracted with their free consent with the intention of living together. A new law on the recognition of customary marriages should be accompanied, or followed as soon as possible, by a law which addresses the consequence s of informal cohabitation. High court judgment in tanzania rules age of marriage laws. Although the constitution of tanzania 19771 does not directly reference harmful practices or fgm, article 9 imposes an obligation on the. The act did not apply to scotland because by the acts of union 1707, scotland retained its own legal system. Tanzania law of marriage act of 1971 amendment at advanced. Civil registrar of marriages and marriage officer under this act cap. Appointment of registrargeneral, deputy and assistant registrarsgeneral. Legal and human rights centre tanzania human rights. Nationality law is mentioned in the constitution of tanzania. In tanzania the parties are allowed to petition for a decree of divorce or separation in the court of law regardless as to whether their marriage was a customary marriage or religious marriage. Introduction to contract law tanzania law like english law recognises only two kinds of contract. This act may be cited as the law of marriage act, 1971, and short title shall, subject to the provisions of section 166, come into operation on the and commence.
Tanzania the law of marriage act, 1971, as amended by act 2373, act 1580 and act 996 sections 102, 1 and 15 of tanzanias law of marriage act of 1971 allow men to contract polygamous marriages, and permit the marriage of 15yearold girls, while the minimum age of marriage for boys is 18. An act to provide for reform and consolidation of laws relating to children, to stipulate rights of the child and to promote, protect and maintain the welfare of a child with a view to giving effect to international and regional conventions on the rights of the child. Short title this act may be cited as the marriage act. This article explores the unique legal issues surrounding polygamous marriage and divorce in mainland tanzania, and submits that the law of marriage act of 1971 lma should be amended to include a provision that governs cowives property interests in the case of divorce. Laws of tanzania from 20022018 law reform commission of. Law of contract notes in tanzania mkundi legal service. Law of marriage act, 1971 re 2002 sheria ya ndoa tanzania muhimu sana hii hata kama tamu bado haijawa shubiri. The village in tanzania has existed for a quarter of a century as the social, spatial and legal institutional foundation of tanzanian society. The constitution of the united republic of tanzania, 1977 cap.
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