Harmful Cultural Practices Towards Widows
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Divorce and Polygamy in Tanzania
Loyola University Chicago Loyola eCommons Social Justice Centers January 2014 Divorce and Polygamy in Tanzania Rachel J. Howland Loyola University Chicago, [email protected] Ashley Koenen Loyola University Chicago, [email protected] Follow this and additional works at: https://ecommons.luc.edu/social_justice Part of the Law Commons Recommended Citation Howland, Rachel J. and Koenen, Ashley, "Divorce and Polygamy in Tanzania" (2014). Social Justice. 15. https://ecommons.luc.edu/social_justice/15 This is brought to you for free and open access by the Centers at Loyola eCommons. It has been accepted for inclusion in Social Justice by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. DIVORCE AND POLYGAMY IN TANZANIA Rachel Howland (No. 2403) & Ashley Koenen (No. 9441) ABSTRACT This Article explores the unique legal issues surrounding polygamous marriage and divorce in mainland Tanzania, and submits that the Law of Marriage Act of 1971 (LMA) should be amended to include a provision that governs co-wives’ property interests in the case of divorce. Moreover, it proposes awareness-raising efforts to increase legal literacy and to promote the rights of co-wives. Under Section 10(1) of the Act, a marriage is defined as “the voluntary union of a man and a woman, intended to last for their joint lives,” and may either be monogamous or polygamous (or potentially polygamous). Further, under Section 57, no wife in a polygamous marriage holds a superior position in matrimonial homes than any other wife. Effectively, under the LMA all co-wives have equal rights and obligations while they are married. -
WOMEN's LAND TENURE FRAMEWORK for ANALYSIS: INHERITANCE Table of Contents
WOMEN’S LAND TENURE FRAMEWORK FOR ANALYSIS: INHERITANCE By Renee Giovarelli, J.D., L.L.M. and Elisa Scalise, J.D. Last Updated: January 28, 2013 Table of Contents How to Use This Framework ........................................................................................................................ 2 Who Is This Framework for Analysis Designed to Help? ........................................................................... 2 Examples of How This Framework for Analysis Can Be Used ................................................................... 2 How to Use This Framework for Analysis ................................................................................................. 2 Introduction to Inheritance ................................................................................................................ 3 Importance of Inheritance ........................................................................................................................ 3 Common Issues ......................................................................................................................................... 3 Analyzing the Formal Legal Structure .......................................................................................................... 4 Inheritance for Wives: Nature & Scope .................................................................................................... 4 Inheritance for Wives: Intestate Succession ............................................................................................ -
Levirate Marriage Throughout the Ages Jan Tranžík Faculty of Law, Masaryk University Brno, Czech Republic
Levirate marriage throughout the ages Jan Tranžík Faculty of Law, Masaryk University Brno, Czech Republic Introduction This paper concerns itself with institute of family law called levirate marriage among selected peoples of different countries and times. In the first chapter, I deal with the definition of levirate marriage as an institute of solving widowhood, comparing it with the term “widow inheritance”, showing they are not the same. I also mention the roots and possible purposes of the institute. In the next chapters, I write about the forms of levirate marriage in particular societies from different historical periods and from different parts of the world. First, I concerned with the peoples of ancient Middle East: Assyrians, Hittites, and Hebrews, in whose culture the question of levirate is alive and discussed to this day. Nonetheless, the levirate marriage is not geographically limited to the Fertile Crescent – in the following chapters, I am showing its presence in legal cultures of Livonians in the Baltics in Eastern Europe, of Mongols and Chinese people in East Asia, of some peoples of sub-Saharan Africa and of Kurds living in the Middle Eastern region called Kurdistan. It was not my aim to minutely document the levirate in all cultures where it has been ever present; instead, I selected a handful of them to show some of the different shapes and reasons which the institute of levirate can have in different cultures. A definition of the levirate A levirate marriage can be defined as a union between a widow and a brother of her deceased husband. The name itself is derived from Latin word “levir” meaning a brother-in- law.1 Levirate marriage is similar to an institute of widow inheritance. -
Somalia Marriage and Divorce
Report Somalia: Marriage and divorce Translation provided by the Office of the Commissioner General for Refugees and Stateless Persons, Belgium Report Somalia: Marriage and divorce LANDINFO – 14 JUNE 2018 1 About Landinfo’s reports The Norwegian Country of Origin Information Centre, Landinfo, is an independent body within the Norwegian Immigration Authorities. Landinfo provides country of origin information to the Norwegian Directorate of Immigration (Utlendingsdirektoratet – UDI), the Immigration Appeals Board (Utlendingsnemnda – UNE) and the Norwegian Ministry of Justice and Public Security. Reports produced by Landinfo are based on information from carefully selected sources. The information is researched and evaluated in accordance with common methodology for processing COI and Landinfo’s internal guidelines on source and information analysis. To ensure balanced reports, efforts are made to obtain information from a wide range of sources. Many of our reports draw on findings and interviews conducted on fact-finding missions. All sources used are referenced. Sources hesitant to provide information to be cited in a public report have retained anonymity. The reports do not provide exhaustive overviews of topics or themes, but cover aspects relevant for the processing of asylum and residency cases. Country of origin information presented in Landinfo’s reports does not contain policy recommendations nor does it reflect official Norwegian views. © Landinfo 2018 The material in this report is covered by copyright law. Any reproduction or -
Children and Women's Rights to Property and Inheritance In
Children and women’s rights to property and inheritance in Mozambique Elements for an effective intervention strategy Published by: Children and women’s rights to property and inheritance in Mozambique Elements for an effective intervention strategy Published by Save the Children in Mozambique and Food and Agriculture Organization of the United Nations (FAO) Published by Save the Children in Mozambique Rua de Tchamba No 398 Caixa Postal 1854 Maputo, Mozambique Tel: 00 258 21 493140 Fax: 00 258 21 493 121 Email: [email protected] Website: www.savethechildren.org Commissioned by Food and Agriculture Organization of the United Nations (FAO) HIV/AIDS Programme Gender, Equity and Rural Employment Division Viale delle Terme di Caracalla 00153 Rome Italy Phone: +39 06 570 51 Fax: +39 06 570 52004 Email: [email protected] Website: www.fao.org/hivaids First published 2009 ISBN: 978-0-620-45248-9 This report is also available in Portuguese. Disclaimer: “The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations, concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO, in preference to others of a similar nature that are not mentioned. The views expressed herein are those of the authors and do not necessarily represent those of FAO.” Copyright notice: “All rights reserved. -
139 Patriarchy, Marriage and the Rights of Widows in Nigeria Austin
Patriarchy, Marriage and the Rights of Widows in Nigeria Austin Obinna Ezejiofor DOI: http://dx.doi.org/10.4314/ujah.v12i1.9 Abstract Many women in several Nigerian communities dread the experience of widowhood. This is not just because of the pain arising from the loss of one’s husband, but more so, as a result of the numerous dehumanising rituals and practices associated with widowhood. The fact that these practices are interpreted as being founded on the prevailing traditions of the people poses a bigger problem. But then, the question is: “what aspects of the tradition foster the violation of widows’ rights and in what ways are these violations manifested? Employing the methods of analysis and description, this paper identifies patriarchy and marriage as the conceptual framework on which a proper of understanding widows’ experiences in Nigeria is based. It argues that the institution of patriarchy and marriage, as aspects of the Nigerian traditional society, indeed, suffice as satisfactory explanations for the practice of widowhood in Nigeria. They foster the violation of widows’ rights. Finally, as an integral part of its findings, the paper argues that the following constitute the manifestations of the violation of widows’ rights: dethronement, defacement, forced levirate marriage; disinheritance and denial of the right of dignity and equality. Introduction With the wave of feminism in Nigeria, one would think that all acts of injustice and humiliation against women would become a thing of the remote past. Since a decade or so ago, the phrase ‘women empowerment’ has become a common 139 Ezejiofor: Patriarchy, Marriage and the Rights of Widows in Nigeria terminology among social science researchers and indeed, among Nigerian youths, mainly the females. -
International Widows Day a Briefing Paper and Action Guide for UN Member States and Ngos
International Widows Day a briefing paper and action guide for UN member states and NGOs Why the UN has designated an annual day for widows Building support for the cause Creating a country action plan 1 International Widows Day a briefing paper and action guide for UN member states and NGOs 3 www.theloombafoundation.org Published by The Loomba Foundation, London, New Delhi and New York, 2019 Copyright © 2019 The Loomba Foundation and contributors Written and edited by Kasper de Graaf Designed by Malcolm Garrett RDI Cover photograph © Amy Toensing Produced for The Loomba Foundation by Images&Co The Loomba Foundation is a specialist organization established to alleviate the plight of widows and their dependents worldwide and to eradicate discrimination and injustice against widows. The Loomba Foundation is accredited as a Non-Governmental Organization with the United Nations Department of Public Information and has Special Consultative Status in its Economic and Social Council. 4 Contents Message to Member States, 2011 7 Ban Ki-Moon UN Secretary-General 2007-2016 Introduction 9 Lord Raj Loomba CBE Founder and Chairman Trustee The Loomba Foundation Chapter One 11 Origins of a Global Campaign Chapter Two 33 A Pervasive Injustice The Plight of Widows Chapter Three 47 The Loomba Foundation Building Support for the Cause Chapter Four 59 International Widows Day: The Story So Far Chapter Five 71 Action Guide Working Towards Justice, Peace and Human Rights 5 6 Message to Member States, 2011 Ban Ki-Moon UN Secretary-General 2007-2016 This first International Widows’ Day is an occasion to call attention Message to Member to the many “firsts” that women must face when their husbands die. -
Shrimati Pushpa Wati Loomba Memorial Foundation Profile
SHRIMATI PUSHPA WATI LOOMBA MEMORIAL FOUNDATION PROFILE Founders: The Foundation was founded by Lord Raj Loomba CBE and his wife Veena, Lady Loomba. It was established in the UK by a charitable Trust Deed on 26 June 1997 and has sister charities registered in India and the USA. The inspiration came from Raj’s late mother, Shrimati Pushpa Wati Loomba, who became a widow at the early age of 37 and succeeded in educating her seven children single-handed. Shrimati Pushpa Wati Loomba . ......Inspiration Launches: The Foundation was officially launched in London on 25 March 1998 in the presence of the Prime Minister, The Rt. Hon. Tony Blair MP and his wife Cherie Blair. The Foundation also received the support of the Honourable Prime Minister of India, Shri Atal Behari Vajpayee, who inaugurated the Foundation in New Delhi on 31 March 1999, by lighting a ceremonial lamp at his residence. The ceremony was attended by Sir Rob Young GCMC, British High Commissioner. UK Prime Minister, Rt. Hon. Tony Blair Shri Vajpayee launching the charity in India and Raj Loomba The Loomba Foundation was also officially launched in Scotland in 2003, in the USA in 2005, in South Africa in 2006, in Kenya and Rwanda in 2008 and Canada in 2009. Board of Trustees: Lord Raj Loomba CBE chairs: UK Board of Trustees, which includes Lord Dholakia PC OBE DL, Lady Pilar Brennan, Mrs. Shamin Lalji, Dr. Barry Humphreys, Lady Veena Loomba, Mrs. Reeta Sarkar, Ms. Roma Loomba and Mr. Rinku Loomba. USA Board of Trustees, which includes Mr. Jack Klinck, Dr. -
Women's Property and Inheritance Rights and the Land Reform Process in Malawi
Women’s Property and Inheritance Rights and the Land Reform Process in Malawi1 By Naomi Ngwira PhD Institute for Policy Research and Analysis for Dialogue POB 2090, Blantyre, MALAWI Tel:265-9-510362; 265-1-621871 [email protected]; [email protected] Summary Malawi is on the verge of a land reform process with consequences of significant proportions that may be disastrous for women’s and disadvantaged people’s livelihoods security. The New Land Policy and proposed Land Act are for the first time going to enable the titularization of land tenure, using institutions and procedures that are potently gender biased in the context of the evolution of customs and perceptions on gender and property rights from matrifocused /communal norms, to supporting western androcentric/individualistic norms. This is being done under the rubric of privatization and liberalization, driven by the needs of the fanged forces of globalization. This land reform process may lead to the legitimization of the expropriation of land away from women and the poor on scale and with the speed never seen before anywhere in the world. This raises questions about the relevance of customary norms on gender and property rights for the present situation: what components of the norms should be maintained, and what should be forced or be allowed to evolve out? There is need to dialogue for consensus around these issues. So all is not gloom and doom. Once consensus is reached, it is possible to make anticipatory decisions and plan to mitigate the negative consequences of the adopted positions. As gender equity is a norm and policy of the land reform process, there is need for the careful review of marriage, property ownership and inheritance customs, laws, and practices; as well the review of the structures for administering and adjudicating property ownership and inheritance matters. -
Widowhood Rituals and Widow Inheritance in the Balikumbat, Cameroon
International Journal of History and Cultural Studies (IJHCS) Volume 4, Issue 1, 2018, PP 56-64 ISSN 2454-7646 (Print) & ISSN 2454-7654 (Online) DOI: http://dx.doi.org/10.20431/2454-7654.0401004 www.arcjournals.org Widowhood Rituals and Widow Inheritance in the Balikumbat, Cameroon Nyongkah Rachel Tati* Department of History and Archaeology, University of Bamenda, Cameroon *Corresponding Author: Nyongkah Rachel Tati, Department of History and Archaeology, University of Bamenda, Cameroon Abstract: In Balikumbat of Cameroon, just as in other parts of the world, widowhood rituals were an important aspect of indigenous culture which was commune. It was rather a means of giving the dead a befitting funeral which ushered them into the land of the spirit which was characterized by rituals and sacrifices to appease the gods and ancestors. In the traditional period, widowhood was not viewed as marginal or an ordeal melted upon widows. These rituals were officiated by elderly widows who identified themselves as the custodian of their culture. This paper seeks to examine widowhood among the Balikumbat Fondom of the Bamenda Grassfields of Cameroon. It highlights the reasons for its practice and the rationale and indigenous nature of widowhood and widow inheritance in the pre-colonial Balikumbat society. It also examines the norms associated to widowhood which were particularly applicable to Balikumbat widows. It further argues that, the institution of widowhood had experienced some evolutionary dynamics since the inception of modernity. Based on the data acquired mostly through orality, the paper concludes by stating that, widowhood was an inherent cultural practice of the Balikumbat people which has resisted cultural extinction and has moved into a revolutionary dimension to transcend the various historical periods. -
The Levirate Custom of Inheriting Widows Among the Supyire People of Mali: Theological Pointers for Christian Marriage’
‘The Levirate Custom of Inheriting Widows among the Supyire People of Mali: Theological pointers for Christian marriage’ Michael William Thomas Jemphrey OCMS, Ph.D. November 2011 ABSTRACT The Supyire people of Mali practise levirate: when a woman is married, she permanently joins her husband’s family, and the marriage is not terminated by his death. Rather, it continues, with one of the husband’s younger brothers or cousins inheriting her and acting as a substitute levirate husband. The thesis describes how levirate is an integral part of the Supyire institution of marriage, how it gives marriage permanence, supporting the social structure, linking descent groups, determining access to land and providing a milieu for socializing children. The thesis highlights the experiences, positive and negative, that Supyire men and women have had of levirate, as related in interviews. It then begins to construct a practical theology of Supyire marriage by reflecting on it through four metaphors applied to Christ and his mission (redeemer, bridegroom, head of the church and the image of God) and the qualities particularly associated with these four metaphors (mercy, joyful love, permanent unity and respect for human dignity respectively). Despite its imperfections, the Supyire system of levirate gives security to widows and the fatherless, allows them continued access to farmland and thus to a livelihood, and can be a channel for Christ to mediate and teach about his faithful love. On these bases it is argued that levirate should be recognized by the church as a valid stage of marriage rather than treated as adultery or fornication. The thesis also reflects on the negative impact of sin on Supyire levirate and how marriage and levirate could be redeemed, with God at its centre rather than on the periphery. -
Women and Inheritance in Sub-Saharan Africa: Opportunites and Challenges for Policy and Practice Change
Working Paper March 2011 No. 182 Women and inheritance in Sub- Saharan Africa: Opportunities and challenges for policy and practice change Elizabeth Cooper What is Chronic Poverty? The distinguishing feature of chronic poverty is extended duration in absolute poverty. Therefore, chronically poor people always, or usually, live below a poverty line, which is normally defined in terms of a money indicator (e.g. consumption, income, etc.), but could also be defined in terms of wider or subjective aspects of deprivation. This is different from the transitorily poor, who move in and out of poverty, or only occasionally fall below the poverty line. Chronic Poverty Research Centre www.chronicpoverty.org ISBN: 978-1-906433-88-8 Women and inheritance in Sub-Saharan Africa: Opportunites and challenges for policy and practice change Executive Summary This paper analyses how inheritance is being addressed to enhance socio-economic equity and opportunities in five Sub-Saharan African countries: Ghana, Kenya, Mozambique, Rwanda and Uganda. Based on key informant interviews with governmental and non- governmental actors focused on inheritance policies and practices, as well as policy analysis and literature reviews, the paper reviews how inheritance is understood as a public policy issue and discusses several key existing challenges and opportunities for achieving gender- equitable and pro-poor inheritance. Inheritance is a critical mode of property transfer in Sub-Saharan African countries. The wealth that an individual or household inherits can enable them and their families to engage in productive livelihoods, invest and do well. The absence of inherited assets in the form of land, savings and other forms of capital can leave other individuals and families vulnerable and can contribute to both chronic and intergenerationally transmitted poverty.