African Polygamy: Past and Present
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Family Law in Rwanda
RWANDA FAMILY LAW IN RWANDA Charles Ntampaka` I INTRODUCTION The Rwanda Family Code was adopted in 1988. By it, the Legislature sought to put an end to the legal dualism which had characterised the period of Belgian control, and to apply a unified system. In it, the roles of the various sources of law are defined, as is their status in the hierarchy of norms. So under article 98 of the Constitution: "customary law remains in force only to the extent that it has not been super- seded by legislation and that it contains nothing that is contrary to the Constitution, to legislation, to regulations, to public order or to public decency." Nonetheless, people continue to follow some of the now abrogated customary rules, so creating a division between codified law and what happens in practice. Written law does not cover the whole field. Legislation governs the law of persons and of the family, whereas custom still applies to matrimonial property and succession. The Civil Code, article 3, determines the rule the courts must apply: "In the absence of an applicable legislative provision, the judge decides on the basis of customary law and in the absence of a custom, on the basis of the rules he would make if called on to legislate. He takes inspiration from the solutions set out in doctrinal writing and the decisions of the courts." _____________________ Researcher at Instelling University, Antwerp, visiting lecturer at the Université Catholique de Louvain and the Katholieke Universiteit Leuven. Translated by Peter Schofield. A. Bainham (ed.), The International Survey of Family Law 1995, 415-433. -
AFRICAN POLYGAMY: PAST and PRESENT This Version
AFRICAN POLYGAMY: PAST AND PRESENT JAMES FENSKE ABSTRACT. Motivated by a simple model, I use DHS data to test nine hypotheses about the prevalence and decline of African polygamy. First, greater female involvement in agri- culture does not increase polygamy. Second, past inequality better predicts polygamy today than does current inequality. Third, the slave trade only predicts polygamy across broad regions. Fourth, modern female education does not reduce polygamy. Colonial schooling does. Fifth, economic growth has eroded polygamy. Sixth and seventh, rain- fall shocks and war increase polygamy, though their effects are small. Eighth, polygamy varies smoothly over borders, national bans notwithstanding. Finally, falling child mor- tality has reduced polygamy. This version: September 28, 2012 1. INTRODUCTION Polygamy remains common in much of Africa.1 In the “polygamy belt” stretching from Senegal to Tanzania, it is common for more than one third of married women to be polygamous (Jacoby, 1995). Polygamy has been cited as a possible contributor to Africa’s low savings rates (Tertilt, 2005), widespread incidence of HIV (Brahmbhatt et al., 2002), high levels of child mortality (Strassmann, 1997), and of female depression (Adewuya et al., 2007).2 This is despite a striking decline in the prevalence of polygamy in Africa over the last half century. In Benin, more than 60% of women in the sample used for this study who were married in 1970 are polygamists, while the figure for those married in 2000 is under 40%.3 This is also true of Burkina Faso, Guinea, and Senegal. Several other countries in the data have experienced similar erosions of polygamy. -
Polygamy in Canada: Legal and Social Implications for Women and Children
Polygamy in Canada: Legal and Social Implications for Women and Children A Collection of Policy Research Reports Polygamy in Canada: Legal and Social Implications for Women and Children A Collection of Policy Research Reports By Angela Campbell Nicholas Bala, Katherine Duvall-Antonacopoulos, Leslie MacRae and Joanne J. Paetsch Martha Bailey, Beverley Baines, Bita Amani and Amy Kaufman The Alberta Civil Liberties Research Centre The research and publication of this study were funded by Status of Women Canada’s Policy Research Fund. This document expresses the views of the authors and does not necessarily represent the official policy of Status of Women Canada or the Government of Canada. November 2005 Status of Women Canada is committed to ensuring that all research produced through the Policy Research Fund adheres to high methodological, ethical and professional standards. Specialists in the field anonymously review each paper and provide comments on: • The accuracy, completeness and timeliness of the information presented; • The extent to which the methodology used and the data collected support the analysis and recommendations; • The original contribution the report would make to existing work on this subject, and its usefulness to equality-seeking organizations, advocacy communities, government policy makers, researchers and other target audiences. Status of Women Canada thanks those who contribute to this peer-review process. Library and Archives Canada Cataloguing in Publication Polygamy in Canada [electronic resources]: social implications for women and children. Electronic monograph in PDF and HTML formats. Mode of access: World Wide Web. Available also in printed form. Issued also in French under title: La polygamie au Canada : conséquences juridiques et sociales pour les femmes et les enfants. -
A Christian Consideration of Polygamy
Andrews University Digital Commons @ Andrews University Dissertation Projects DMin Graduate Research 1981 A Christian Consideration of Polygamy Jean-Jacques Bouit Andrews University Follow this and additional works at: https://digitalcommons.andrews.edu/dmin Part of the Practical Theology Commons Recommended Citation Bouit, Jean-Jacques, "A Christian Consideration of Polygamy" (1981). Dissertation Projects DMin. 626. https://digitalcommons.andrews.edu/dmin/626 This Project Report is brought to you for free and open access by the Graduate Research at Digital Commons @ Andrews University. It has been accepted for inclusion in Dissertation Projects DMin by an authorized administrator of Digital Commons @ Andrews University. For more information, please contact [email protected]. ABSTRACT A CHRISTIAN CONSIDERATION OF POLYGAMY by Jean-Jacques Bouit Arnold Kurtz ABSTRACT OF GRADUATE STUDENT RESEARCH Project Report Andrews University Seventh-day Adventist Theological Seminary Title: A CHRISTIAN CONSIDERATION OF POLYGAMY Name of researcher: Jean-Jacques Bouit Name and degree of faculty adviser: Russell L„ Staples, Ph.D. Date completed: November 1981 Since the beginning of its mission outreach in Asia and Africa, the Seventh-day Adventist Church has been confronted with the polygamy issue. Several attempts made by the church to formu late a unified policy for dealing with the polygamous convert cul minated in the recommendation voted at the General Conference session in San Francisco in 1941. This resolution requires that in order to be admitted to baptism and church membership a polygamist must dismiss all his wives save one. Recently, increased anthropological knowledge has led many Protestant churches in Africa to emphasize the legality of the marriage institutions in various societies. -
Polygamy in Canada: Legal and Social Implications for Women and Children: a Collection of Policy Research Reports
University of Calgary PRISM: University of Calgary's Digital Repository Research Centres, Institutes, Projects and Units Canadian Research Institute for Law and the Family 2005-01 An International Review of Polygamy: Legal and Policy Implications for Canada Bala, N.; Duvall-Antonacopoulos, K.; MacRae, L.; Paetsch, J.J. Status of Women Canada Bala, N., Duvall-Antonacopoulos, K., MacRae, L. & Paetsch, J.J. (2005). An International Review of Polygamy: Legal and Policy Implications for Canada. In Polygamy in Canada: Legal and Social Implications for Women and Children: A Collection of Policy Research Reports. Ottawa, ON: Status of Women Canada. http://hdl.handle.net/1880/107578 report https://creativecommons.org/licenses/by/4.0 Downloaded from PRISM: https://prism.ucalgary.ca Polygamy in Canada: Legal and Social Implications for Women and Children A Collection of Policy Research Reports Polygamy in Canada: Legal and Social Implications for Women and Children A Collection of Policy Research Reports By Angela Campbell Nicholas Bala, Katherine Duvall-Antonacopoulos, Leslie MacRae and Joanne J. Paetsch Martha Bailey, Beverley Baines, Bita Amani and Amy Kaufman The Alberta Civil Liberties Research Centre The research and publication of this study were funded by Status of Women Canada’s Policy Research Fund. This document expresses the views of the authors and does not necessarily represent the official policy of Status of Women Canada or the Government of Canada. November 2005 Status of Women Canada is committed to ensuring that all research produced -
What Is the Future of Polygyny (Polygamy) in Africa? L MWAMBENE PER / PELJ 2017 (20) 1
What is the Future of Polygyny (Polygamy) in Africa? L MWAMBENE PER / PELJ 2017 (20) 1 L Mwambene* Abstract Pioneer in peer -reviewed, open access online law publications The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, Author has long been perceived to be an offender of women's rights. Recent family law reforms on the African continent show that the Lea Mwambene focus has been on promoting and protecting the rights of women as defined in international human rights law, as well as on Affiliation respecting the practice of polygyny. These legislative reforms in jurisdictions such as Kenya, Mozambique and South Africa show University of the Western Cape that the approach to regulating polygyny has been either to South Africa legalise, abolish, or regulate the practice. In view of the focus in these reforms on both women's rights and respect for the Email [email protected] practice of polygyny, this paper examines the different approaches of the selected countries to regulating the practice. Date published In particular, this paper investigates how these countries are striking a balance between polygyny and the protection of 6 November 2017 women's rights. It will also highlight the difficulties that law reformers face in regulating the practice in such a way as to Editor Prof K Beiter protect women's rights, as well as the gaps in the law reforms How to cite that need to be addressed. Mwambene LM "What is the Future of Polygyny (Polygamy) in Africa?" PER / PELJ 2017(20) - DOI http://dx.doi.org/10.17159/1727- 3781/2017/v20i0a1357 Keywords Copyright Polygyny, Africa, Kenya, South Africa, Mozambique, abolish, legalise, family law, reforms, polygamy. -
Gendered Dimensions of Marriage and Divorce Registration Laws in Africa
Gendered Dimensions of Marriage and Divorce Registration Laws in Africa Prepared for Data2X, UN Foundation Aparna Polavarapu Assistant Professor of Law University of South Carolina School of Law July 28, 2016 Executive Summary This report analyzes the gendered impacts of inadequacies in marriage and divorce registration in six countries on the African continent. The six countries reviewed are Uganda, Kenya, South Africa, Rwanda, Burkina Faso and Morocco, representing the different types of legal systems prominent on the continent:1 • Uganda is a mixed common law and customary law system, although Islamic law plays a large role for the Muslim population; • Kenya is a mixed common law, customary law, and Islamic law system; • South Africa is a mix of common law and civil law (by way of the Netherlands), although customary law governs many tribal communities in the country; • Rwanda is a mix of civil law (by way of Belgium and Germany) and customary law; • Burkina Faso is a mix of civil law (by way of France) and customary law; and • Morocco is a mix of civil law (by way of France) and Islamic law, but Jewish law and customary law continue to play an important role for certain populations. A review of each of these legal systems reveals a common thread: each legal system fails to adequately recognize various marriages embraced by the population and in doing so, denies women in these marriages important rights. The choice to recognize or not recognize certain marriages is not reflective of the legal traditions predominant in any nation. Rather, it likely reflects the social values of the population, as well as the development and policy goals of the state.