An Examination of the Law of Marriage: Act regarding the Distribution of Matrimonial Real Property in the Context of Customary and Islamic Polygamous Marriages in Mainland Tanzania

Abstract

This paper examines the Law of Marriage Act as it pertains to the division of matrimonial real property within the context of customary and Islamic marriages in Mainland Tanzania. It highlights the legal frameworks governing property rights, identifying disparities and challenges faced by spouses in these marriage types. The study reveals that while the Act aims to provide equitable property distribution, it often falls short in addressing the unique cultural and religious dynamics of customary and Islamic practices. Key issues include inadequate legal recognition of non-formalized marriages and conflicting interpretations of property rights. By analyzing case law and existing literature, this paper advocates for reforms to enhance legal clarity and ensure fair treatment for all spouses, promoting gender equity and protecting the rights of individuals within diverse marital contexts. Ultimately, it underscores the need for an inclusive legal approach to matrimonial property rights in Tanzania.