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THE LEGAL EFFECTS OF CUSTOMARY LAW MARRIAGE IN NIGERIA
CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Marriage is a universal institution recognized and respected throughout the world. As a social institution, marriage is founded and governed by the social and religious norms of society[1]. Therefore, the sanctity of marriage is a well-accepted principle in the world community. Marriage is the root of family and society. However, by looking at the types of marriage in Nigeria, therefore, unlike most European countries two marriage systems are recognized in Nigeria, namely, monogamous and polygamous[2]. These two marriage systems differ fundamentally from character and incidents. It is therefore important to take this duality into account in any consideration of marriage laws in Nigeria in order to avoid confusion. In all cases concerning marriage, the lawyer in Nigeria must first determine the type of marriage involved before he can apply the appropriate law[3]. However, monogamous marriage is Nigeria is the same as in England. It is marriage that Lord Pensance called voluntary union for the life of one man and one woman to the exclusion of all others, whereas polygamous marriage can be defined as a voluntary union for life of a man with one or more wives[4] (Cottrell, 2013). Its essential characteristic is the ability of the man to take as many women as he wants. The mere fact that he has at one time only one woman does not affect the character of the marriage as long as the capacity to take more women is preserved. Generally, there is no limit to the number of wives a husband could take under the polygamous system. It always depends on its affluence[5].
[6]Marriage is an institution that represents all 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. [7]This is one of the major events in life that marks the transition to mature adult life and represents a lifelong commitment of two people to each other.
1.4 Significance of the Study
The contribution of this study to Nigerian society cannot be overemphasized. This survey aims to bridge the gap in the existing literature on customary marriages in Nigeria. Most books on the subject do not provide a sufficient theoretical framework for customary marriage.
The study will also provide information to future spouses, families and adults who need to learn about the legal effects of customary marriage in Nigeria. The study will be useful to future researchers on the subject. It will complement the many literatures on the subject in the Library. The work will be useful to posterity. Ethnic families may want to learn strategies to deal with any threat of polygamous conflict in their marriages and life.
1.5 The Scope of the study
The study will cover the whole of Nigeria. The marriage of customary law throughout the study is seen from the point of view of the Yoruba, marrying Igbo, Efik or Hausa, etc., or vice versa. This work not only examines the concept of marriage, but takes a step forward in identifying the problems that affect customary marriage in Nigeria. It also highlights the effects of these problems as well as traces the future of customary marriage law in Nigeria.
1.6 Research Methodology
The methodology used in this study is the historical research method. It used primary and secondary data collection sources. Since marriage is universally recognized as the basis of group life and as a requirement for human survival, primary sources of data collection would be drawn from oral interviews of respondents as a reliable means of understanding individual perception of the subject. The legal effects of customary marriage in Nigeria have attracted the attention of a considerable body of literature.
This study would examine relatively recent publications in books, newspaper articles and unpublished theses relevant to the study data that would be collected, organized and analyzed critically.
1.6 Definition of Terms
Marriage
The term "marriage" as well as culture does not lend itself to a universal definition. Marriage is seen as a close partnership of two different people of opposite sex who have concerted to live and work together as one entity.
Neolocal Residence
The neolocal residence is a type of conjugal residence where a couple establishes an independent domestic unit after marriage. In this type of residence, the couple does not live with their parents; Rather than they live with each other.
Matrifocal Family
The conjugal family is a family that is centered on a woman and her children. In this case, the fathers (s) of these children are present intermittently in the life of the family and occupy a secondary place. The mother of the child is not necessarily the wife of one of the children's fathers.
Matrilocal Residence
The matrilocal residence refers to the domicile in a group whose core includes the mother of the bride. In this type of conjugal residence, the couple lives with the mother of the bride.
Patrilocal Residence
The patrilocal residence is a type of conjugal residence where the nucleus revolves around the father of the groom. A patrifocal family is a family centered on the man and family of his father.
[1] James A., "Marital Status and the Risk of Suicide," American Journal of Public Health : 78-80, 2012
[2] Jack C. Smith, "Marital Status and the Risk of Suicide," American Journal of Public Health: 64-72, 2012
[3] Conn. "Marital Status and the Risk of Suicide," American Journal of Public Health: 55-93. 2012
[4] Cottrell, A. B. Cross-national marriages: A review of the literature. Journal of Comparative Family Studies, 21(2), 151-169. 2013.
[5] Asana, A., "Culture Shock and the Cross-Cultural Learning Experience, In: Toward Internationalism".2010
[6] Gove, Cottrell, A. B. "Cross-national marriages: A review of the literature". Journal of Comparative Family Studies, 21(2), 151-169. 2013
[7] Borgatta, Barna, LaRay M. "Stumbling Blocks in Intercultural Communication," In Milton J. Bennett (Ed.), 2000
[8] Doki, Readings in Cross-Cultural Communication, ed. by Louise Fiber Luce, 2011
[9] Aiyetan and Kolapo "Legalize Customary Tenure or to Lay Foundation for the Demise of Customary" 2005
[10] Ardayfio-Schandorf "Recognition of Customary Marriages" 1990
[11] Bohanna, Bennett, Milton J. "Overcoming the Golden Rule" In Milton J. Bennett (Ed.), Basic Concepts of Intercultural Communication: Selected Readings. Yarmouth, ME: Intercultural Press. 2014
[12]Animasahun and Fatile Impact of globalisation on domestic family law: multi-tiered marriage in Nigeria as a case study, 2011
[13] Jibo, M, "Tiv Endogamy/Exogamy" Paper Presented at 1st National Workshop on Tiv Marriage IMC Kaduna, . 2001
[14] Crippen, C. "Cross-cultural parenting: Experiences of intercultural parents and constructions of culturally diverse families". Unpublished doctoral dissertation, University of New England, Australia, 2008.
[15] Crohn, J. "Intercultural couples. In M. McGoldrick (Ed.), Revisioning family therapy": Race, culture, and gender in clinical practice (pp. 295-308). New York, NY: Guilford, 1998
[16] Solomon. "The Basic Principles on the Role of Lawyers adopted at the Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders", Pp 28-89, 2012
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