Recognition of Woman-to-Woman Marriage under State Laws and African Customary Laws

Adeniyi Olatunbosun; Samson Odetayo

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Chapter 5 Recognition of Woman-to-Woman Marriage under State Laws and African Customary Laws

In: Reimagining Legal Pluralism in Africa

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Adeniyi Olatunbosun

Adeniyi Olatunbosun
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Samson Odetayo

Samson Odetayo
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Type:: Chapter

Pages:: 121–146

DOI:: https://doi.org/10.1163/9789004696747_006

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Abstract

The term “woman-to-woman marriage” is treated as a misnomer and a mockery of the word “marriage” by European colonialists and the legal systems they developed as part of their imperial occupation of African territories. Its historical treatment explains why it was subjected to the colonialists’ test of repugnancy in order to determine the level of its conformity to Western understanding of what marriage should be. This chapter examines the practice of woman-to-woman marriage in conditions of legal pluralism in Nigeria and its functional relevance in the communities where it is practised. Using a cultural relativist argument, we query the justifications for subjecting this form of marriage to the test of repugnancy. We also argue that a foreign woman-to-woman marriage would be accorded recognition in Nigeria under, going by the rule that the validity of marriage is hinged on the law of the place where it was celebrated (lex loci celebrationis). We urge for the harmonisation of customary (African) and statutory (English) marriages in order to ensure parity of status for both forms of marriages.

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Reimagining Legal Pluralism in Africa

Balancing Indigenous, State, and Religious Laws

Series: Developments in International Law, Volume: 80

Cover Reimagining Legal Pluralism in Africa

E-Book ISBN:: 9789004696747

Publisher:: Brill | Nijhoff

Print Publication Date:: 17 May 2024

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Part 1 Succession in African Legal Pluralism

Part 2 Marriage in African Legal Pluralism

Part 3 Islamic and Comparative Law in African Legal Pluralism

Part 4 Theoretical Perspectives on African Legal Pluralism

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Chapter 5 Recognition of Woman-to-Woman Marriage under State Laws and African Customary Laws

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Reimagining Legal Pluralism in Africa

Balancing Indigenous, State, and Religious Laws

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