Differences Between Stages Leading to Civil Marriage and Customary Marriage

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SIMILARITIES AND DIFFERENCES IN THE STAGES LEADING CUSTOMARY MARRIAGES AND STATUTORY (CIVIL) MARRIAGE. BY LARRY HORE NJUNGU 1.0 INTRODUCTION: Marriage has basically been defined as a voluntary union for life of one man and one woman to the exclusion of others.[1] This definition is a good starting point towards the appreciation of any marriage, even though it is inadequate[2]. Many definitions have arisen to circumvent the inadequacy of this definition by Lord Penzance. Among them is one by the Law Association of Zambia, through its National Legal Aid Clinic for Women who simply define marriage as a union between man and woman and recognized by the law whether customary, religious or statutory.[3] The Association goes further to state that in Zambia the law recognizes three types of marital unions namely: statutory law marriage, customary law marriage, religious or church marriage[4]. Cohabiting in Zambia, for whatever length of time, does not turn into a marriage and the parties thereto will remain boyfriend and girlfriend.[5] Nevertheless, the intention of this essay is to discuss two types of marriages - that is customary marriage and statutory marriage (also known as civil marriage). The essay specifically pays attention to similarities and differences obtaining in the stages leading to final marriage under the two types. After comparing and contrasting the stages leading to marriage under the two heads, the essay highlights challenges that compromise strict adherence to these types of marriages in Zambia. It is the author’s opinion that most marriages in Zambia, whether called civil or statutory, import or sneak in rituals belonging to the other type. Hence what subsist in most cases are hybrid marriages, either heavily skewed towards statutory marriage or customary marriage. It is this skewedness that mainly forms the yardstick for

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