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Relevant bibliographies by topics / Marriage law Impediments to marriage

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Academic literature on the topic 'Marriage law Impediments to marriage'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Marriage law Impediments to marriage"

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Kovaček-Stanić, Gordana, and Sandra Samardžić. "Marriage in Serbian law and in comparative perspective." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 2 (2020): 545–60. http://dx.doi.org/10.5937/zrpfns54-24802.

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According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

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BENNETT, BRUCE S. "Banister v. Thompson and Afterwards : The Church of England and the Deceased Wife's Sister's Marriage Act." Journal of Ecclesiastical History 49, no. 4 (October 1998): 668–82. http://dx.doi.org/10.1017/s0022046997005629.

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The medieval canon law of affinity as an impediment to marriage combined a large range of prohibited degrees with a wide power of dispensation. After the Reformation, however, English law, in line with mainstream Protestant opinion, prohibited marriages within the degrees mentioned in Leviticus, with no provision for dispensation. The prohibited degrees were set out in ‘Archbishop Parker's Table’ in the Prayer Book, beginning with the memorable declaration that ‘A man may not marry his grandmother’. In the nineteenth century, however, some of these restrictions came to be challenged. The classic case was that of marriage with a deceased wife's sister, and it was under this title that successive bills were introduced to alter the law.Until 1857 the law of marriage was administered by the ecclesiastical courts, according to the canon law. However, the civil courts modified and controlled this canon law by means of the writ of prohibition: canon law was now subordinate to common law, and where the two conflicted the civil courts would over-rule the ecclesiastical courts. Marriage with a deceased wife's sister was illegal, and, as with other impediments to marriage, a case could be brought in the ecclesiastical courts to have such a marriage declared void. A case on these grounds could only be brought during the lifetime of both spouses. Nevertheless, the marriage had theoretically been void ab initio, and even after one spouse had died the survivor could still be proceeded against for incest.

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Bzdyrak, Grzegorz. "ANNULMENT OF MARRIAGE IN POLISH LAW AND DECLARATION OF NULLITY OF MARRIAGE IN CANON LAW – A COMPARATIVE STUDY." Review of European and Comparative Law 2627, no. 34 (December 31, 2016): 65–87. http://dx.doi.org/10.31743/recl.4979.

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Annulment and nullity of marriage are two institutions that function in two separate and independent legal systems. Despite some similarities, they cannot be used interchangeably. The differences between the annulment and declaring nullityof marriage follow mainly from the fact that the canonical marriage between baptized persons is a sacrament, a lifelong and indissoluble bond. For this reason, once validly contracted, it cannot be annulled or dissolved by divorce, but only bythe death of a spouse or a dispensation from an unconsummated marriage and the privilege of faith. In the case when marriage is contracted, despite the existence of impediments to marriage, the ecclesiastical tribunal, after completing the relevant proceedings, declares its nullity whereby this judgment is of a declarative nature. In the case of annulment of marriage, the legislator provided for some restriction as to the persons authorized to file a claim, and it also listed the situations in which, even though marriage was contracted in breach of law, its annulment is not possible. Therefore, convalidation by force of law is permissible. Such validation and such restrictions have not been provided by the ecclesiastical legislator, although the convalidation of marriage is possible as long as the matrimonial consent continues and some additional conditions have been satisfied. The judgment regarding the annulment of marriage is constitutive, although the effects of annulment have retroactive effects, whereby the legislator stated that for certain relationships, the rules of divorce shall be applicable. Both in the state and canonical orders, there are three groups of reasons that are the basis for annulment and declaration of nullity of marriage. These are impediments to marriage, defects to the declarations of intention of the spousesand defects to the mandate to contract marriage. The individual reasons have been briefly discussed to present the differences in their understanding under canon law and state law.

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Syed Nadeem Farhat. "Hindu Marriage Law: Need, Impediments and Policy Guidelines." Policy Perspectives 12, no. 2 (2015): 131. http://dx.doi.org/10.13169/polipers.12.2.0131.

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Weickhardt, George G. "Canon Law Prohibitions on Marriage to Kin in Rus’ and Muscovy." Canadian-American Slavic Studies 50, no. 2 (2016): 123–41. http://dx.doi.org/10.1163/22102396-05002002.

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Throughout the Kyivan, appanage and Muscovite periods, written Orthodox canon law generally prohibited marriage within the seventh degree of consanguinity. This rule prohibited marriage even between third cousins. This rule, with some notable exceptions, was observed and enforced in Kyivan Rus’ and Muscovy. Prohibition of marriage within the seventh degree went far beyond the Biblical and Justinianic rules, as well as the rules of the early church ecumenical councils, which all allowed marriage between first cousins. The present study will inquire into the origin and purpose of this rule, its reception in Rus’, and its effect on Rus’ and Muscovite society, with particular emphasis on why the church deemed it necessary to extend impediments to marriage far beyond the rules from the Bible, Byzantine civil law and the original canon law from the ecumenical councils.

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Leszczyński, Grzegorz. "Brak wiary a wykluczenie godności sakramentalnej małżeństwa." Ius Matrimoniale 30, no. 4 (October 15, 2019): 17–36. http://dx.doi.org/10.21697/im.2019.30.4.02.

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The Code of Canon Law of 1983 classifies the reasons for marriage invalidity in three different categories: diriment impediments, defects in matrimonial consent and lack or defect of canon form. Among different defects in matrimonial consent, in 1101 § 2, Code of Canon Law enumerates simulations. Simulation signifies that a person contracting marriage expresses marital agreement merely on the surface, excluding in reality through a positive act of the will the marriage itself, some essential elements or an essential property of marriage. The present article is an attempt of looking at the relation existing between the validity of marriage and the exclusion of the sacramental dignity, with the special consideration of the faith of the person.

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Iluk, Jan. "Apistia nie rozrywa małżeństwa. Jan Chryzostom o małżonku (-nce) spoza chrześcijańskiej politei." Vox Patrum 53 (December 15, 2009): 175–89. http://dx.doi.org/10.31743/vp.4463.

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Apart from a few treatises on the life of women in an extra-marital state and some short speeches about the dignity of Christian women, John Chrysostom did not engage in longer discourses about marriage. Chrysostom expressed himself most broadly on this subject in his commentary to „The First Letter to the Corinthians”. This and over a dozen other utterances by Chrysostom which I found in his writings allow us to suppose that his assessment of the value of the union between a believer and a non-believer is dictated by the realism of the epoch and not by pure dogma. Such a tone of teaching resonates with the moods of the Antioch community, which seethed with the luxuriant life of the most varied religious communities. Here, a non-believer was a partner also in marriage, hence the use of the „Pauline privilege” in order to remove such a one from a marriage would expose Christians to the accusation of a lack of tolerance at the very least. Knowing his community very well, John Chrysostom brings to the foreground the principle that a non-believer in a married couple is a problem between the non-believer and the Lord. Civil law does not make an impediment of this (such was the Roman tradition) and Canon law (the synods of the 4th century) should not make such impediments either. „Your partner’s relations with the Lord”, Chrysostom continually reminds us, „should not decide about the continuation or the dissolution of the marital union”. The „defence” of a spouse from outside the Christian politeia is also an opportunity to obtain new members of this community.

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Gunawan, Edi, and Budi Rahmat Hakim. "PELAKSANAAN ITSBAT NIKAH PASCA BERLAKUNYA UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN DI PENGADILAN AGAMA." Syariah Jurnal Hukum dan Pemikiran 18, no. 2 (December 4, 2018): 258. http://dx.doi.org/10.18592/sy.v18i2.2319.

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Abstrak: Itsbat nikah merupakan sebuah proses penetapan pengesahan pernikahan yang telah dilangsungkan berdasarkan syariat Islam, namun tidak dicatat di KUA. Tujuan dari itsbat nikah adalah untuk mendapatkan akta nikah sebagai bukti sahnya perkawinan sesuai dengan peraturan perundang-undangan yang berlaku di Indonesia, sebagaimana diatur dalam pasal 2 ayat (1) dan (2) UU No. 1 Tahun 1974 dan pasal 7 ayat (1), (2), dan (3) Kompilasi Hukum Islam. Prosedur pengajuan itsbat nikah di Pengadilan Agama Manado setelah berlakunya Undang-Undang Nomor 1 Tahun 1974 yaitu, melakukan pendaftaran ke Pengadilan Agama Manado, membayar panjar biaya perkara, menunggu panggilan sidang dari pengadilan, serta menghadiri persidangan dan putusan pengadilan. Ada beberapa yang menjadi alasan pengajuan itsbat nikah di Pengadilan Agama Manado, antara lain; (1) kehilangan akta nikah, (2) pengurusan perceraian, (3) Perkawinan yang dilangsungkan sebelum berlakunya UU No. 1 Tahun 1974, dan (4) perkawinan yang dilakukan oleh mereka yang tidak mempunyai halangan perkawinan menurut Undang-Undang No. 1 Tahun 1974. Perkara itsbat nikah (pengesahan nikah) bisa diajukan secara voluntair (permohonan) dan diajukan secara kontentius (gugatan) ke pengadilan agama. Dasar pertimbangan hakim dalam memberikan penetapan itsbat nikah di Pengadilan Agama Manado diantaranya yaitu: 1) Legal standing (kedudukan hukum) pemohon untuk mengajukan perkara itsbat nikah di pengadilan agama berdasarkan ketentuan pasal 7 ayat (4) KHI, 2) Posita (fakta kejadian dan fakta hukum), 3) Keterangan saksi dan bukti di persidangan, serta 4) Alasan-alasan mengajukan itsbat nikah. Kata Kunci: Perkawinan, Itsbat Nikah, Voluntair, Pengadilan Agama Abstract: Itsbat of marriage is an endorsement of the assignment process, which has been held on the basis of Islamic jurisprudence, but not recorded at KUA. The goal of itsbat is to get a marriage license deed as evidence of legitimate marriage in accordance with the legislation in force in Indonesia, as provided for in article 2 paragraph (1) and (2) of law No. 1 of the year 1974 and article 7 paragraph (1), (2) and (3) Compilation Of Islamic Law. Itsbat procedure for making marriage a religious Court in Manado, after the enactment of law number 1 year of 1974, namely, registration to court Religious bias, pay fees, waiting for the call from the Court of session, as well as attend the trial and the verdict of the Court. There are some who became the reason of filing itsbat of marriage in a religious Court in Manado, among others; (1) the lost deed, (2) management, (3) the marriage took place before the enactment of law No. 1 year 1974, and (4) a marriage conducted by those who have no impediments to marriage according to the law No. 1 year 1974. Itsbat matter of marriage (endorsement of marriage) may be filed in voluntair (the petition) and filed in kontentius (the suit) to the Court. Basic consideration of judges in giving the setting of itsbat marriage in a religious Court in Manado of which namely: 1) Legal standing (legal position) the applicant to litigate itsbat marriage in a religious court based on the provisions of article 7 paragraph (4) KHI, 2) Posita (facts and legal facts of the incident), 3) witnesses and evidence in the trial, as well as 4) the reasons for filing the itsbat marriage.

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Cvejic-Jancic, Olga. "Law on marriage in Vojvodina in the period between two world wars." Zbornik Matice srpske za drustvene nauke, no. 125 (2008): 33–52. http://dx.doi.org/10.2298/zmsdn0825033c.

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The conditions for marriage under the prewar law in Vojvodina were numerous and more complex than in our contemporary law. In the prevailing part of Vojvodina in that time there was in effect the Hungarian Family Law Act from 1894 by which civil marriage was introduced and religious differences were abolished as a marriage impediment. Religious form of marriage was still in effect in Srem and in those parts of Vojvodina which were before unification under Austrian jurisdiction (Military Border). Cohabitation was not recognized and had no family law effects. Legal status of the children born out of wedlock was much worse than the legal status of the children born in wedlock. Discrimination on the ground of sex was a rule, not only in the law of Vojvodina, but also in other parts of The Kingdom of Yugoslavia. For example, women could get married only with the dispensation of the minister of justice, at the age of 16, while men could get married at 18. Woman was subordinate to her husband and could legally represent only her children born out of wedlock. She could exceptionally be the legal representative of her children born in wedlock.

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Ofm, Aidan McGrath. "A Question of Interpretation: The Roman Rota and the Theology of Marriage." Ecclesiastical Law Journal 8, no. 39 (July 2006): 425–37. http://dx.doi.org/10.1017/s0956618x00006712.

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Judges need guidance if they are to apply the law in particular circumstances with an even hand. For Roman Catholics, Canon 19 of the 1983 Code of Canon Law provides this guidance by reference to the practice of the Roman Curia and by the constant opinion of learned authors. Useful as these supplementary sources are, they mean that judges have to trust that those responsible for making decisions in the Roman Curia and the learned authors have drawn their conclusions on a sound basis. This study considers what happened when a specific document was misunderstood in the Roman Catholic Church for almost four hundred years. The document, a letter from Pope Sixtus V to his Nuncio in Spain in 1587, responded to a specific query concerning the capacity for marriage of men who had been castrated. The interpretation of the letter defined the Roman Catholic Church's concept of marriage in general and its understanding of the impediment of impotence for four centuries. In the twentieth century, several Roman Catholic judges and canonists refused to take at face value the conclusions offered by other judges and learned authors, and decided to carry out their own analysis of the document in question. This resulted in a complete reversal of the way in which marriage cases were considered by the Apostolic Tribunal of the Roman Rota, and contributed to the emergence of a much richer and more integrated theology of marriage.

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Dissertations / Theses on the topic "Marriage law Impediments to marriage"

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Ward, John Benjamin. "A comparative study of the impediments to marriage of the canon law of the Latin rite of the Roman Catholic Church and the law of the state of Maryland." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Pautler, Mark F. "The impediment of ligamen in multiple marriages." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Herbert, G. Paul. "The proposed marriage preparation guidelines of the Archdiocese of Washington, D.C. in the light of the 1983 code." Theological Research Exchange Network (TREN), 1992. http://www.tren.com.

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Brown, John Joseph. "The evolution of the pre-nuptial promises in mixed marriages from the 1917 code to the new code." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Filary, Richard Michael. "Canonical concerns about the right to marry of persons with human immunodeficiency virus (HIV)." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Smeltzer, Stuart M. "The marital impediment of affinity an historical synopsis and commentary /." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0712.

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Cierkowski, Stanislaw. "L' impedimento di parentela legale : analisi storico-giuridica del diritto canonico e del diritto statale polacco /." Roma : Pontificia Università Gregoriana, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/516779389.pdf.

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Caridi, Catherine C. "The expanded postconciliar governance power of the diocesan bishop broader dispensing options regarding marriage impediments /." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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Nau, Dale. "Henry VIII's great matter a synopsis of the arguments for the divorce /." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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Delgado, Rodolfo. "The impediment of consanguinity in the 1983 Code an historical study and commentary /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Books on the topic "Marriage law Impediments to marriage"

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Lang, Markus. Das Eheverbot wegen Glaubensverschiedenheit: Die Entwicklung von den jüdisch-alttestamentlichen Rechtsgrundlagen bis in das Zweite Deutsche Kaiserreich. Münster: Lit, 2004.

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European Court of Human Rights. Affaire F. contre Suisse: 1. Décision du 22 avril 1987 (dessaisissement) : 2. Arrêt du 18 décembre 1987 = Case of F. v. Switzerland : 1. Decision of 22 April 1987 (relinquishment of jurisdiction) : 2. Judgment of 18 December 1987. Strasbourg: Registry of the Court, Council of Europe, 1988.

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Nivarra, Luca. Il matrimonio civile: L'invalidità. Torino: UTET università, 1999.

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Maria Amália de Figueiredo Pereira Alvarenga. O casamento inválido no novo Código civil: Reflexos do direito canônico na legislação civil. Franca, SP: Lemos & Cruz Livraria e Editora, 2003.

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Espina, Lourdes Ruano. La incapacidad para asumir las obligaciones esenciales del matrimonio por causas psiquicas, como capitulo de nulidad. Barcelona: Libreria Bosch, 1989.

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Konʼin mukō no hanrei sōgō kaisetsu. Tōkyō: Shinzansha, 2005.

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La nulidad matrimonial, hoy. 2nd ed. Barcelona: Bosch, 1999.

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Gasparri, Pietro. Tractatus canonicus de matrimonio. Parisiis: G. Beauchesne, 1987.

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Mantecón, Joaquín. El impedimento matrimonial canónico de parentesco legal. Pamplona: Ediciones Universidad de Navarra, 1993.

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Gli impedimenti matrimoniali nel Codice di diritto canonico della Chiesa latina. Roma: Lateran University Press, 2002.

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Book chapters on the topic "Marriage law Impediments to marriage"

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Harding, Maebh. "Marriage." In Routledge Handbook of International Family Law, 11–24. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315613079-2.

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Mothersole, Brenda, and Ann Ridley. "Marriage and the breakdown of marriage." In A-Level Law in Action, 391–411. London: Macmillan Education UK, 1995. http://dx.doi.org/10.1007/978-1-349-13044-3_25.

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Gorar, Mukaddes. "Forced marriage." In Honour Based Crimes and the Law, 137–200. Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003166207-5.

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Davies, Paula, and Paven Basuita. "Marriage and civil partnership." In Family Law, 31–61. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-57552-4_2.

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Standley, Kate. "Contracting a Valid Marriage." In Family Law, 15–25. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14655-0_2.

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Pedersen, Susann Anett. "Marriage, law and property." In Gender, Law and Economic Well-Being in Europe from the Fifteenth to the Nineteenth Century, 109–20. 1st Edition. | New York : Routledge, 2018. | Series: Gender and well-being: Routledge, 2018. http://dx.doi.org/10.4324/9780203702727-7.

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Cohen, Lloyd R. "Marriage as Contract." In The New Palgrave Dictionary of Economics and the Law, 1276–81. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_243.

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"Chapter Six. Marriage Impediments." In The Status of Women under Islamic Law and Modern Islamic Legislation, 36–47. Brill | Nijhoff, 2009. http://dx.doi.org/10.1163/ej.9789004172739.i-227.18.

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Grossman, Joanna L., and Lawrence M. Friedman. "Marriage and the State." In Inside the Castle. Princeton University Press, 2011. http://dx.doi.org/10.23943/princeton/9780691149820.003.0002.

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This chapter explores the rise and fall of marriage restrictions rooted in racism and eugenics, as well as the persistence of other, more enduring, impediments to marriage—like bigamy, incest, and youth. Central to the story of state marriage regulation is the establishment, beginning in the 1960s, of constitutional protection for the “right” to marry, which limited, at least at the margins, the freedom of states to impose certain restrictions on marriage. But also central, in a system dominated by state law, are the rules of interstate marriage recognition, which dictate whether marriages travel across state lines. In broad brush, this chapter tells a story of increasing marital freedom, reined in only by a handful of seemingly immoveable social norms.

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Trahan, J.-R. "Impediments to Marriage in Scotland and Louisiana: An Historical-Comparative Investigation." In Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland, 173–207. Edinburgh University Press, 2009. http://dx.doi.org/10.3366/edinburgh/9780748638864.003.0017.

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Conference papers on the topic "Marriage law Impediments to marriage"

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Agustin, Erni, Faizal Kurniawan, and Rizky Amalia. "Legal Protection for Children as a Result of Transnational Marriage Dissolution in Indonesian Marriage Law." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010052402630267.

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Yulkardi, Yulkardi. "Social Practice of Early Marriage." In International Conference on Social Sciences, Humanities, Economics and Law. EAI, 2019. http://dx.doi.org/10.4108/eai.5-9-2018.2282600.

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Dariyo, Agoes, Mia Hadiati, and R. Rahaditya. "Understanding of Marriage Law Attitude For Delivery of Early Age Marriage in Indonesian Adolescence." In Proceedings of First International Conference on Culture, Education, Linguistics and Literature, CELL 2019, 5-6 August, Purwokerto, Central Java, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.5-8-2019.2289791.

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Nurnazli and Erina Pane. "Minimum Legal Age of Marriage and Maslahah Mursalah in the Marriage Law in Indonesia." In 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201113.055.

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Kadriah, Kadriah, Teuku Saiful, and Muhammad Naufal Hidayat. "Interreligous Marriage According to Indonesian Legislation." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.060.

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Sa-ngimnet, Pattaka. "Thai Wives, Marriage Brokers and Human Rights Law." In Annual International Conference on Political Science, Sociology and International Relations. Global Science & Technology Forum (GSTF), 2014. http://dx.doi.org/10.5176/2251-2403_pssir14.23.

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Bukido, Rosdalina, Edi Gunawan, and Rahman Mantu. "Law Analysis Towards Judicial Review of Interfaith Marriage." In Proceedings of the 1st International Conference on Environmental Governance, ICONEG 2019, 25-26 October 2019, Makassar, South Sulawesi, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.25-10-2019.2300544.

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Емелина, Людмила, and Lyudmila Emelina. "Evolution of historical forms of family and marriage." In International legal aspects of family law and protection of children's rights. Москва: INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2971-348-353.

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Jamilah, Jamilah, Mega Puspita, Endang Dimyati, and Tetep Tetep. "Public Awareness Study to Have Marriage Deed." In Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.13-2-2019.2286094.

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Sukiati, Fatimah, Muhammad Hidayat, Nurcahaya, and Syafruddin Syam. "Legitimating the Legitimate: Legal Certainty of Marriage Law in Indonesia." In International Conference on Multidisciplinary Research. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0008892506860691.

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Reports on the topic "Marriage law Impediments to marriage"

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Child marriage briefing: Mali. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1002.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Mali. Mali is home to 11.6 million people, with 47 percent of its population under age 15. Approximately 73 percent of the population live on less than US$1 a day, and life expectancy is 45 years. Mali has one of the most severe crises of child marriage in the world today. The legal age of marriage is 18 for girls and 21 for boys, but girls may be married as early as age 15 with parental consent. For civil marriages, the law dictates that prospective spouses discuss and agree on whether their union will be polygynous or monogamous; however, a woman’s say in the matter is minimal given her limited options. The payment of bride price is recognized by law, promoting the perception that wives are the property of husbands. In addition, female genital circumcision affects nearly all Malian women, with 61 percent of circumcisions occurring before age 5. Included in this brief are recommendations to promote later, chosen, and legal marriage.

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Child marriage briefing: Nigeria. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1004.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Nigeria, one of the poorest countries in the world. More than two out of three Nigerians live on less than US$1 a day, and life expectancy is 52 years. The HIV/AIDS epidemic has had a devastating effect on the country, and Nigeria has some of the highest rates of early marriage worldwide. The Child Rights Act, passed in 2003, raised the minimum age of marriage to 18 for girls. However, federal law may be implemented differently at the state level, and to date only a few of the country’s 36 states have begun developing provisions to execute the law. Domestic violence is widespread and a high prevalence of child marriage exists. Nationwide, 20 percent of girls are married by age 15, and 40 percent are married by age 18. Although the practice of polygyny is decreasing, 27 percent of married girls aged 15–19 are in polygynous marriages. Included in this brief are recommendations to promote later, chosen, and legal marriage.

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Child marriage briefing: Mozambique. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1003.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Mozambique. Mozambique, in southeastern Africa, is home to 17.5 million people, with 45 percent of its population under age 15. More than three-quarters of Mozambicans live on less than US$2 a day. The HIV/AIDS epidemic has had a devastating effect on the country; approximately 1.3 million adults and children are living with HIV, and 470,000 children have been orphaned because of AIDS. Life expectancy has fallen to 34 years, among the lowest levels in the world. Mozambique has one of the most severe crises of child marriage in the world today. Several local women’s rights groups have begun speaking out about this issue and were instrumental in ensuring the passage of the recent Family Law, which raises the minimum age of marriage for girls from 14 to 18, allows women to inherit property in the case of divorce, and legally recognizes traditional marriages. However, little capacity exists to implement the law. Included in this brief are recommendations to promote later, chosen, and legal marriage.

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Child marriage briefing: Zambia. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1005.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Zambia. This landlocked southern African nation is home to 10.9 million people, with 47 percent of its population under age 15. Zambia is one of the poorest countries in the world; nearly two out of three Zambians live on less than US$1 a day. The country’s economic growth was hindered by declining copper prices and a prolonged drought in the 1980s and 1990s. More recently, the AIDS epidemic has taken a devastating toll: 920,000 adults and children are living with HIV/AIDS, and 630,000 children have been orphaned because of the disease. Child marriage is widespread in Zambia, even though the legal age of marriage is 21 for both males and females. Customary law and practice discriminate against girls and women with respect to inheritance, property, and divorce rights. Domestic violence is a serious problem, with over half of married girls reporting ever experiencing physical violence and more than a third reporting abuse in the past year. Included in this brief are recommendations to promote later, chosen, and legal marriage.

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