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
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Date
2024
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International Journal of Law Management & Humanities
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.
Sustainable Development Goals
This research article was published by International Journal of Law, Management & Humanities Vol. 7 Iss 5 2024
Keywords
Polygamous Marriage, Customary Marriage, Islamic Marriages, Division of Matrimonial Real Property