The Committee notes with concern the customary practice of early marriage.

The new Code had abrogated customary law with immediate effect, and thus none of the earlier customary provisions regarding marriage, the separation of property in marriage, children, and so on, henceforth had any validity.

Even though the only valid family union in the country is the official marriage, the practice of the majority of people in the country is customary marriage between men and women.

Regarding the responsibilities of the couple following marriage, these are also different, both before the Law and under the Customary Law.

There is no set legal age for marriage under customary law, which suggests that early marriages and their consequences are widespread.

Moreover, while the Civil Code specifies that parental consent is needed in the event of the marriage of minors, under most systems of customary law, given that marriage is a family matter, the consent of the persons concerned is only of symbolic importance. Under the Civil Code, consent is a prerequisite for any marriage to be considered valid whereas under customary law it is not always required.

While welcoming the adoption of the Personal and Family Code in 2004, aimed at eliminating discrimination against women and abolishing many discriminatory provisions of the customary law of Dahomey, including polygamy, levirate marriage and discrimination in inheritance rights and the age of marriage, the Committee remains concerned about the application of customary practices and the consequences thereof.

The rules for divorce and inheritance depended on the personal law applicable in the type of marriage one had contracted, i.e. Muslim, Christian, civil or customary.

The new Code abrogated the discriminatory aspects of inheritance code under the customary law but did so within traditional marriage structures that were still in place.

In accordance with the customary law, marriage is used as a means to structure reproduction and land possession. Women are the means to obtaining land and fostering family reproduction.

At the level of customary mores, access to land is managed by a complex network of social security that is built around marriage, as a basis of alliances among families.

Customary practices, for example, in relation to marriage and inheritance, and stereotypic attitudes and discriminatory behaviour may limit women's choices and opportunities in employment, education and training, and access to health services.

(iii) In matters pertaining to marriage and divorce or child custody and the situation of the wife in the event of marital break up through divorce or repudiation of one of the spouses, in the event of conflict of customary law, rulings shall be based, according to article 52, on the wife's customary law, if she is a national of the Niger, otherwise, they shall be based on the customary law of the husband

Afghanistan s Customary Anguish

C. Customary law

It is rare for couples from the Niger to marry in accordance with this Code. Nevertheless, every citizen may, prior to entering into marriage, opt for a civil or a customary wedding with his or her spouse.

(b) Customary international law

In addition, there is a Territory wide Customary Senate, comprising 16 members, 2 selected by each Customary Council.

Because it's an arranged marriage, not a love marriage.

Promises of marriage or betrothals do not make marriage obligatory.

Moreover, customary law denies justice to women.

On marriage The Marriage and Family Law provides for no exception for marriage between men aged under 20 and women under 18.

Minimum age for marriage and compilation of a marriage act at the vital statistics office upon contraction of the marriage are regulated.

(for marriage)

Early marriage

Forced marriage

Children born in marriage are only those children who were born in marriage concluded in accordance with provisions of Basic Law on Marriage.

Project to examine indigenous customary law in Morocco

The Child Marriage Restraint Act, 1929 prohibits marriage of minors and prescribes punishments for anyone, including a parent or guardian, for conducting a child marriage.

Marriage was now essentially monogamous, any other form of marriage was forbidden by law.

Marriage and divorce

Marriage and Family

Marriage and divorce

7.3.1 Through marriage

14.3 Marriage registration

14.1.2 Constraints related to the application of customary law

The administration of justice in the customary courts at the chiefdom level has recently been boosted by the appointment of over 200 chairpersons of customary court nationwide.

This also applies to their status within marriage and their freedom to enter into marriage.

They're now saying that the 21st century is going to be the century of what they call the symmetrical marriage, or the pure marriage, or the companionate marriage.

The Sino Russian Marriage

Reviving a Policy Marriage

Marriage frightens some people.

Don't rush into marriage.

Equal rights during marriage

Marriage and family rights