This paper will discuss that in Tanzania, children born to a married woman, regardless of who their actual father is, are considered descendants of the man in whose name (bride money) was paid for the woman. The discussion will begin with a general concept of marriage and its development. The first obstacle in the treatment of voidable marriage with the help of case law. The further part of this work presents the socio-economic origin of the custom and the nature of marriage in pre-capitalism. The next part of this thesis addresses the extent to which custom represents Tanzanian law today. In addition, and in conclusion, the forces behind the changes and effects of this custom are briefly discussed.
Table of Contents
1.0 INTRODUCTION:
1.1 General concept of marriage and its development.
2.0 SOCIAL-ECONOMIC ORIGIN OF THE CUSTOM
2.1 TO WHAT EXTENT THE CUSTOM REPRESENTS THE TANZANIA LAW TODAY.
3.0 FORCES BEHIND CHANGES AND IMPACT OF THIS CUSTOM.
3.1 Forces behind the changes of the custom.
3.1.1 Protecting the society from immoral acts
3.1.2 Advanced technology
3.1.3 Religious factors
3.2 Impacts of the custom to the future:
4.0 CONCLUSION
Objectives and Topics
This work examines the historical and legal evolution of the custom in Tanzania where children born to a married woman are considered the offspring of the man who paid the bride wealth, regardless of biological paternity. It explores the transition from traditional labor-based justifications for this custom to modern legal frameworks that emphasize individual rights and parental responsibility.
- The socio-economic origins of the bride wealth system in pre-capitalist societies.
- The clash between traditional customary law and modern statutory law in Tanzania.
- The role of technological and religious factors in shifting societal attitudes toward illegitimacy.
- The impact of international human rights conventions on the rights of children born out of wedlock.
Excerpt from the Book
2.0 SOCIAL-ECONOMIC ORIGIN OF THE CUSTOM
After observing the marriage and its development, it is better to understand one of the customs existed during pre-capitalism concerning marriage. The custom that, all children born to married woman, no matter who their actual father may be, are held to be the off-spring of the man on whose behalf (bride wealth) for that woman was given out, it originated in most of African societies during pre- capitalist era.
The nature of marriage in pre- capitalist error reflects social economic setting of society at that time. During early primitive mode of production, the level of development was very low, no surplus and no sexual bar that is; all women belongs to all men, among the activities were; collecting roots and hunting. As time went on, human being start to advance the advancement included inversion of tools for production such as stone tools, iron tools, also agriculture and animal keeping. With such inversion there was emergence of private ownership of property so a person could own his tools of production and what he produce which later led to emergence of surplus.
Summary of Chapters
1.0 INTRODUCTION: This chapter introduces the core custom regarding legal paternity via bride wealth and outlines the scope of the study, including the development of marriage concepts.
2.0 SOCIAL-ECONOMIC ORIGIN OF THE CUSTOM: This chapter analyzes the historical, pre-capitalist roots of the bride wealth system as a means of securing labor force and its shifting status in modern Tanzanian law.
3.0 FORCES BEHIND CHANGES AND IMPACT OF THIS CUSTOM.: This section evaluates the modern influences—specifically legal reforms, technology, and religion—that have challenged the traditional custom and discusses potential future shifts in law.
4.0 CONCLUSION: The final chapter summarizes how the custom was a product of a specific economic era and argues that societal dynamics necessitate the evolution of laws to protect human rights.
Keywords
Family Law, Tanzania, Bride Wealth, Marriage, Customary Law, Illegitimacy, Patrilineal Principle, Human Rights, Pre-capitalism, Labour Force, Law of Marriage Act, Child Rights, Adultery, Succession, Legal Status
Frequently Asked Questions
What is the fundamental focus of this publication?
The work focuses on the Tanzanian customary law where a husband is legally considered the father of all children born to his wife, provided bride wealth was paid, and how this custom faces challenges in the modern legal era.
What are the primary thematic areas explored?
The publication explores the socio-economic origins of the bride wealth system, the divergence between traditional customary law and modern statutes like the Law of Marriage Act, and the influence of international human rights standards.
What is the central research question?
The work investigates the extent to which the traditional custom of attributing paternity via bride wealth remains relevant and enforceable within the context of current Tanzanian law and evolving socio-economic conditions.
Which scientific methodology is employed?
The author employs a legal-analytical approach, utilizing case law analysis, statutory interpretation of Tanzanian legislation, and socio-economic historical context to evaluate the evolution of the custom.
What is discussed in the main body of the work?
The main body examines the transition from pre-capitalist production methods that favored the bride wealth custom to modern legal frameworks that prioritize biological paternity and child welfare.
Which keywords best characterize this research?
Key terms include Family Law, Tanzania, Bride Wealth, Customary Law, Illegitimacy, Patrilineal Principle, and Human Rights.
How does the author define a "voidable marriage"?
A voidable marriage is described as one that is valid upon inception but remains subject to cancellation by court order if specific legal grounds are contested by one of the parties involved.
What role does the "patrilineal principle" play in the author's argument?
It represents the traditional framework where the rights of the father and his kin over children are nearly absolute, effectively excluding the rights of the mother's kin.
How have technological advancements impacted this custom?
The author argues that machines have replaced the need for human labor, thereby reducing the original socio-economic incentive for the custom that prioritized having as many children as possible.
What does the case of Richard Mapesa v Rashid Bwana illustrate?
It illustrates the conflict between traditional custom and the Law of Marriage Act, highlighting that the current law lacks provisions for children born out of wedlock, leading courts to rely on customary law to resolve disputes.
- Citar trabajo
- Datius Didace (Autor), 2022, Family Law in Tanzania. Customs and their Development, Múnich, GRIN Verlag, https://www.grin.com/document/1171457
