Nigeria will be as pluralistic in her legal systems as jane is in ethnic make ups. You’ll find basically three systems involving law in Nigeria My spouse and i. e the English legislations, Customary law and Islamic law (often known as Sharia law).
These laws has its technique of marriage, though they have got their differences and resemblances. All the three devices of marriage are equal at least regarding their recognition as marriage that is legally contracted in Nigeria by simply anyone who wishes.
You’ll be able for a person for you to contract two marriages, one under the Customary law plus the other under the Islamic legislations but this is unacceptable as much as English law is anxious.
It is important at this stage to look into each of the unions with some details.
Uk Law Marriage
Contracting marriages good tenets of the Uk law is governed with the Marriage Act in Nigeria. As far back as 1860 the court got, in Hyde vs. Hyde, defined marriage as ” the voluntary union for lifetime of one man the other woman to the exclusion coming from all others”. This has been accepted because meaning of the English law marriage since that time. This type of union clearly abhors polygamy.
For the marriage to be valid and qualified just as one English law marriage throughout Nigeria, the under listed conditions stipulated with the Marriage Act must always be complied with.
Conditions pertaining to Valid English Law Union
Parties to the marriage have to have agreed to be husband and wife
The man must get filed a notice inside Marriage Registry within the spot where the marriage shall be celebrated, stating his intention to acquire married
The notice is then entered inside Marriage Notice Book with the registrar
The notice remains open for at the very least 21 days before your Registrar can issue Union Certificate
During the 21 years of age days, anybody who so would like may enter a caveat just as one objection to the organized marriage
At this place, the Registrar will refer the caveat on the High Court which will certainly determine the fate in the caveat one way or the opposite
Where the caveat is held valid with the High Court, the Registrar are going to be stopped from issuing the Marriage Certificate prior to the objection raised in your caveat ceases to occur
Where the High The courtroom invalidates the caveat, the Registrar will go up to issue the Marriage Qualification. The issuance of the Marriage Certificate mustn’t be earlier than 21 days and nights or later than 3-4 months from the time involving filling a notice of intention to acquire married by the gentleman.
Other Factors That May Prevent Issuance in the Marriage Certificate
Apart from any objection which might be contained in a caveat, the Registrar must certainly not issue the Marriage Certificate in one of the following situations:
where none of your parties has been resident in your neighborhood where the marriage shall be celebrated 15 days preceding the issuance in the marriage certificate
where the Registrar is satisfied that one of several parties is a minimal (I. e down below age of 16)
where consent of one of several parties to the union is obtained by scam, dress, undue influence, mistaken identity or possibly a party incapable of giving consent on account of mental ill-health
where your parties have blood partnership like cousins
where one of several parties is already married either within the English or Customary legislations.
Celebration of Marriage
The marriage itself will take place in either involving two places I. e the Marriage Registry or possibly a place of worship.
In the matter of the Marriage Registry, this conditions apply:
it must come about before the registrar
there needs to be at least two witnesses, along with
it must take position between 10 am for you to 4pm.
While in true of a place involving worship, the rules are generally these:
it must be conducted by the recognized minister of your religious organization concerned
the best place of worship must certainly be a place licensed under your Marriage Act to execute marriage
there must be the least two witnesses
before completing the marriage, the minister must be sure the Marriage Certificate have been obtained by the functions
the marriage must come about between 8am to 6pm
the minister must send a copy in the Marriage Certificate to your Registrar of Marriage within one week of the marriage
English law marriage will be the most complicated to conclude as are going to be seen later in this content, when compared to the opposite two systems of union in Nigeria.
Customary Legislations Marriage
Customary law marriage will be the easiest marriage to commitment in Nigeria. It is a marriage celebrated good customs and traditions of your local tribe in Nigeria. Regarding marriage, varied tribes in Nigeria have a very lot in common.
Essentials of an Customary Law Marriage
Agreement between a man and also a woman to be husband and wife
Parental consent especially that in the woman’s side
Payment in the dowry by the man on the woman’s family
Handing over in the woman to the gentleman.
Once the above circumstances are fulfilled, a Routine law marriage is validly shortened. This marriage accommodates polygamy hence the man can marry numerous wives as he would like. In fact, there is no limit to the quantity of women that a gentleman can marry under several native customs in Nigeria.
Islamic Legislations Marriage
Islamic law marriage is the term for a marriage celebrated by simply two Muslims (My spouse and i. e a male & a female) good dictates of the Sharia legislations. Islamic law allows a new Muslim male to marry approximately 4 wives provided that they will ensure fairness, equity and justice most notable.
To have a marriage validly celebrated good Islamic law, the following have to be fulfilled:
the parties on the marriage must have opted for marry each other
the consent in the woman’s father or big brother or any male loved one is compulsory
the man must give a gift(it can be money or an content) as dowry. The monetary value involving whatever is given must not be less than N5000. There isn’t a maximum
celebration of marriage itself have to be witnessed by the the least two witnesses.
Once these requirements are met, an Islamic law marriage is deemed to get taken place.
What I have planned to perform by this article should be to present succinct picture involving different marriages that Nigerians and Non-Nigerians residing in Nigeria can contract according to the individual’s preference.
The only marriage which is not free for all will be the Islamic law marriage which often can only take place involving a Muslim male along with female. However, a Muslim male is permitted to marry a female whom belongs to “the People in the Book”. This refers for you to Jewish or Christian girls.
Apart from Christians along with Jewish faithfuls, a Muslim male cannot marry from some other faith. It might be interesting to listen for that the converse will be the fate of a Muslim women. She can only get married a fellow Muslim guy. This smacks of a subtle technique to win more converts in the Islamic fold.