Student
Student
The Law of Marriage in Tanzania is originated from the colonialists. In Tanzania by then Tanganyika, the British introduced the Tanganyika Order in Council (T.OC.) of 1920 that introduced the application of Customary Laws and the enactment of the Judicature and Application of Laws Act (JALA) (Cap, 358 R.E.2002) by then The Judicature and Application of Laws Ordinance (JALO).This provided for the application of Islamic and customary laws in marriage matters in the country.
Due to plurality in laws during colonialism and after independence there was internal conflict of laws. Tanzania tried to solve some of them; in 1969 the government issued the white paper which was like a palimateria from the report of the Spry Commission in Kenya. The white paper leads to the enactment of the Law of Marriage Act. Hereinafter referred to as the “Act”.
To some extent the Act represents the big effort by the Legislature to integrate and streamline various personal laws without unduly interfering with peoples customs and religious beliefs as hereunder provided in a nutshell:
The Act prohibit blood related relatives to get marry each other, this is provided under the provision of s.14 also in Tanzania there is no any religion or custom that allows such situation.
It prohibits too a married woman to contract another marriage while the former one still exist. Neither the Act, religion nor peoples custom do allow the married woman to contract another marriage. This is governed by s.15 (3).
The Law of Marriage in Tanzania is originated from the colonialists. In Tanzania by then Tanganyika, the British introduced the Tanganyika Order in Council (T.OC.) of 1920 that introduced the application of Customary Laws and the enactment of the Judicature and Application of Laws Act (JALA) (Cap, 358 R.E.2002) by then The Judicature and Application of Laws Ordinance (JALO).This provided for the application of Islamic and customary laws in marriage matters in the country.
Due to plurality in laws during colonialism and after independence there was internal conflict of laws. Tanzania tried to solve some of them; in 1969 the government issued the white paper which was like a palimateria from the report of the Spry Commission in Kenya. The white paper leads to the enactment of the Law of Marriage Act. Hereinafter referred to as the “Act”.
To some extent the Act represents the big effort by the Legislature to integrate and streamline various personal laws without unduly interfering with peoples customs and religious beliefs as hereunder provided in a nutshell:
The Act prohibit blood related relatives to get marry each other, this is provided under the provision of s.14 also in Tanzania there is no any religion or custom that allows such situation.
It prohibits too a married woman to contract another marriage while the former one still exist. Neither the Act, religion nor peoples custom do allow the married woman to contract another marriage. This is governed by s.15 (3).
The Law of Marriage in Tanzania is originated from the colonialists. In Tanzania by then Tanganyika, the British introduced the Tanganyika Order in Council (T.OC.) of 1920 that introduced the application of Customary Laws and the enactment of the Judicature and Application of Laws Act (JALA) (Cap, 358 R.E.2002) by then The Judicature and Application of Laws Ordinance (JALO).This provided for the application of Islamic and customary laws in marriage matters in the country.
Due to plurality in laws during colonialism and after independence there was internal conflict of laws. Tanzania tried to solve some of them; in 1969 the