Laws Of Marriage In Nigeria

Nigeria is as pluralistic in her criminal structures as she is in ethnic make ups. There are basically three systems of law in Nigeria I.E the English regulation, Customary regulation and Islamic law (also called Sharia regulation).

Each of these laws has its machine of marriage, though they have got their differences and similarities. All the 3 systems of marriage are equal at least in phrases in their recognition as marriage that would be legally contracted in Nigeria by way of all and sundry who needs.

It is possible for someone to agreement two marriages, one beneath the Customary law and the alternative under the Islamic law however that is unacceptable as a long way as English law is worried.

It is essential at this factor to have a take a look at every of the marriages with a few details.

English Law Marriage

Contracting marriages consistent with the tenets of the English regulation is ruled through the Marriage Act in Nigeria. As far again as 1860 the court docket had, in Hyde vs. Hyde, defined marriage as " the voluntary union for lifestyles of one man and one woman to the exclusion of all others". This has been widespread because the meaning of the English law marriage ever on the grounds that. This sort of marriage definitely abhors polygamy.

For a marriage to be legitimate and qualified as an English law marriage in Nigeria, the under listed situations stipulated through the Marriage Act must be complied with.

Conditions for Valid English Law Marriage

    Parties to the marriage ought to have agreed to be husband and spouse
    The man need to have filed a note in the Marriage Registry inside the place wherein the marriage is to be celebrated, declaring his purpose to get married
    The word is then entered within the Marriage Notice Book by using the registrar
    The be aware stays open for no less than 21 days earlier than the Registrar can difficulty Marriage Certificate
    During the 21 days, every body who so desires may additionally enter a caveat as an objection to the planned marriage
    At this factor, the Registrar will refer the caveat to the High Court so as to determine the destiny of the caveat one way or the other
    Where the caveat is held legitimate through the High Court, the Registrar could be stopped from issuing the Marriage Certificate until the objection raised in the caveat ceases to exist
    Where the High Court invalidates the caveat, the Registrar will proceed to difficulty the Marriage Certificate. The issuance of the Marriage Certificate must now not be in advance than 21 days or later than three months from the time of filling a notice of purpose to get married by the man.

Other Factors That May Prevent Issuance of the Marriage Certificate

Apart from any objection that can be contained in a caveat, the Registrar should not difficulty the Marriage Certificate in any of the subsequent conditions:

    in which not one of the events has been resident in the location wherein the wedding is to be celebrated 15 days previous the issuance of the wedding certificates
    where the Registrar is happy that one of the events is a minor (I.E under age of 16)
    in which consent of one of the events to the marriage is obtained by way of fraud, dress, undue have an effect on, mistaken identification or a party incapable of giving consent due to mental ill-fitness
    where the events have blood dating like cousins
    where one of the events is already married either below the English or Customary law.

Celebration of Marriage

The marriage itself can take vicinity in either of  locations I.E the Marriage Registry or an area of worship.

In the case of the Marriage Registry, the subsequent conditions practice:

    it have to take place before the registrar
    there must be at least two witnesses, and
    it must take region between 10 am to 4pm.

While inside the case of an area of worship, the guidelines are these:

    it should be conducted by way of a diagnosed minister of the religious agency concerned
    the vicinity of worship ought to be an area licensed underneath the Marriage Act to behavior marriage
    there must be minimum of  witnesses
    before conducting the wedding, the minister ought to be positive that the Marriage Certificate has been obtained by using the events
    the marriage ought to take place among 8am to 6pm
    the minister should send a duplicate of the Marriage Certificate to the Registrar of Marriage inside 7 days of the wedding

English law marriage is the most complicated to conclude as may be seen later in the article, when in comparison to the alternative  structures of marriage in Nigeria.

Customary Law Marriage

Customary law marriage is the easiest marriage to contract in Nigeria. It is a wedding celebrated in line with the customs and traditions of any local tribe in Nigeria. In phrases of marriage, varied tribes in Nigeria have lots in common.

Essentials of a Customary Law Marriage

    Agreement between a man and a female to be husband and spouse
    Parental consent specifically that of the girl's facet
    Payment of the dowry by the person to the woman's circle of relatives
    Handing over of the woman to the person.

Once the above situations are fulfilled, a Customary law marriage is validly shrunk. This marriage incorporates polygamy so the person can marry as many wives as he needs. In reality, there is no restrict to the variety of women that a person can marry underneath diverse native customs in Nigeria.

Islamic Law Marriage

Islamic law marriage refers to a wedding celebrated by using two Muslims (I.E a male & a girl) in line with the dictates of the Sharia regulation. Islamic law permits a Muslim male to marry as much as four better halves supplied that he'll make sure fairness, equity and justice amongst them.

To have a marriage validly celebrated in keeping with the Islamic regulation, the following ought to be fulfilled:

    the parties to the wedding must have agreed to marry every other
    the consent of the lady's father or uncle or any male member of the family is obligatory
    the man have to provide a present( it could be money or an article) as dowry. The economic cost of anything is given have to no longer be much less than N5000. There is not any maximum
    party of marriage itself need to be witnessed by the minimal of  witnesses.

Once the above necessities are met, an Islamic regulation marriage is deemed to have taken vicinity.

What I actually have deliberate to do through this article is to give succinct picture of various marriages that Nigerians and Non-Nigerians dwelling in Nigeria can contract depending on the individual's desire.

The most effective marriage that isn't unfastened for all is the Islamic regulation marriage that can only take place among a Muslim male and female. However, a Muslim male is allowed to marry a girl who belongs to "the People of the Book". This refers to Jewish or Christian females.

Apart from Christians and Jewish faithfuls, a Muslim male cannot marry from any other faith. It is probably interesting to pay attention that the converse is the fate of a Muslim lady. She can only marry a fellow Muslim male. This smacks of a diffused strategy to win extra converts into the Islamic fold.

Having said that, I believe Nigeria is one of the nations where multiplicity of marital choices is nicely looked after. Although marriage among identical sex or individuals who are intently related with the aid of blood isn't allowed and there may be no indication that with a view to take place in no remote future.

It is quite humorous to notice that some people time period marriage beneath the English law as "legal marriage" as if other marriages are not. This is incorrect. As a rely of truth, all of the three marriages are criminal.