Comparing maintenance and property rights in marriage under customary law and statutory law in Africa

Samuel E. Ojogbo & O.K. Edu

Oxford University Commonwealth Law Journal2022https://doi.org/10.1080/14729342.2022.2153508article
ABDC A*
Weight
0.57

Abstract

Two dominant legal systems operate in a typical post-colonial African state: the indigenous customary law of the African people and the Received Colonial Laws. Despite the elevation of statutory laws above customary law under the modern state structure in Africa, customary law is still pervasive and regulates most aspects of the personal lives of Africans. Most commentators argue that the practice of customary law discriminates against women. This paper discusses the practice of customary law, its impact on statutory marriages, and how human rights have engendered a new trajectory in the development of customary law in Africa. The paper identifies the positive influence of the Received Colonial Laws and human rights law on maintenance and property rights and suggests the adaptation of the positive aspects of statutory law, the amendment of marriage laws, and the enactment of gender-sensitive legislation on marriage rights for women.

2 citations

Open via your library →

Cite this paper

https://doi.org/https://doi.org/10.1080/14729342.2022.2153508

Or copy a formatted citation

@article{samuel2022,
  title        = {{Comparing maintenance and property rights in marriage under customary law and statutory law in Africa}},
  author       = {Samuel E. Ojogbo & O.K. Edu},
  journal      = {Oxford University Commonwealth Law Journal},
  year         = {2022},
  doi          = {https://doi.org/https://doi.org/10.1080/14729342.2022.2153508},
}

Paste directly into BibTeX, Zotero, or your reference manager.

Flag this paper

Comparing maintenance and property rights in marriage under customary law and statutory law in Africa

Flags are reviewed by the Arbiter methodology team within 5 business days.


Evidence weight

0.57

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.56 × 0.4 = 0.22
M · momentum0.80 × 0.15 = 0.12
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.