Why review of marriage law is still pending
What you need to know:
- In 2017, the government appealed against the High Court’s ruling, arguing that the marriage law was established to be used by various societal groups, including religious and cultural customs.
Dar es Salaam. Religion, culture, and the existence of legal contradictions are delaying the government’s implementation of the 2019 Court of Appeal’s judgement on the Law of Marriage Act of 1971, The Citizen has learnt.
In 2016, the Executive Director of Msichana Initiative, an organisation advocating girls’ rights, Ms Rebecca Gyumi, won a case she opened in the High Court against the law.
In 2017, the government appealed against the High Court’s ruling, arguing that the marriage law was established to be used by various societal groups, including religious and cultural customs.
However, Ms Gyumi again received a nod from the Court of Appeal in 2019, with the Court issuing a directive to the government to amend the Law of Marriage Act, 1971 within one year, a deadline that has come and gone without implementation.
As such, the government’s hesitation has often been a focal point of criticism, but a meeting on Tuesday brought to the forefront a variety of religious and cultural perspectives that contribute to the stalemate.
The joint discussion among religious leaders, lawyers, human rights defenders, and various stakeholders shed light on the complex web of beliefs and traditions that continue to hinder the change of the marriage law.
Contrary to popular belief, the roots of this deadlock extend beyond governmental reluctance, as religious leaders faithfully uphold their positions on the intersection of faith, tradition, and the rights of children.
The Islamic faith, for instance, draws attention to the absence of a specific age of marriage in religious texts. Sheikh Maulid Kidebe of Ubungo District emphasised that decisions regarding marriage should revolve around the best interests of the child and parents.
“Our religious books do not mention the age of marriage. So, for the child to get married, we will look at what is in the best interest of the child, and this is the position of the Islamic religion,” explained Sheikh Kidebe.
Father Florence Rutaiwa from the Tanzania Episcopal Conference (TEC) shed light on the evolving perspectives within the Christian faith, saying historically there was acceptance of early marriages, but he highlighted the shift in attitudes, citing the amendment in 1983 that increased the minimum age for marriage.
However, he acknowledged the lingering complexities, stating, “At the moment, we find that under 18 is still a child, and we have to follow the procedures set by the country, so we are waiting for the law to be amended.”
The tension between religious beliefs and the legal framework has created a grey area, especially in the face of statistics indicating that two out of five girls in Tanzania are married before the age of 18, strangely affecting those from impoverished backgrounds.
This dissonance between child protection laws and marriage laws has ignited a broader debate on the definition of childhood under Tanzanian law.
Ms Gyumi brought attention to the inconsistency within the legal framework, where a person under 18 is deemed a child in labour laws, voting regulations, and other contexts but is considered eligible for marriage under the current Marriage Law.
“The setback that exists in the change of the marriage law, especially in articles 13 and 17 that allow early marriages, has been the issues of religion and cultural beliefs.”
The head of the Dar es Salaam region’s gender desk, Ms Leah Mbunda, linked early marriages to the prevalence of broken families and frequent conflicts.
She emphasised the urgency of aligning the law with evolving societal norms to protect young girls from the detrimental consequences of early marriages.
Amid the clash of viewpoints, Reverend Moses Matonya of the Christian Council of Tanzania (CCT) proposed a solution rooted in education.
“Let’s let the child study up to the higher levels, and then when they succeed, they can be in a position to make decisions to have a partner, even at 25 years old,” he suggested.
Despite the calls for reform, the government’s hesitation remains profound. The appeal against the High Court ruling in 2016, coupled with the Court of Appeal directive in 2019, underscores the complex balancing act the government faces.
