CONDENSATION OF NIGERIAN NUPTIAL LAWS AND THE CHURCH
TABLE OF CONTENT
CHAPTER ONE
INTRODUCTION
- BACKGROUND TO THE STUDY
- STATEMENT OF THE PROBLEM
- AIMS AND OBJECTIVES OF THE STUDY
- AIMS AND OBJECTIVES OF THE STUDY
- RESEARCH METHODOLOGY
- SCOPE AND LIMITATIONS OF THE STUDY
- JUSTIFICATION OF THE STUDY
CHAPTER TWO
2.1 THEORETICAL FRAMEWORK
2.2 CUSTOMARY LAW MARRIAGE
2.3 ESSENTIALS OF A VALID CUSTOMARY LAW MARRIAGE
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INTRODUCTION
Marriage is a universal institution recognized and respected throughout the world. As a social institution, marriage is based on the social and religious norms of society. As a legal institution, marriage is a form of contract regulated by law. The institution of marriage originated in God and was ordained by God. Shortly after the creation of Adam, the Lord God caused a deep sleep to fall upon him, and while he was asleep, the Lord took one of his ribs, created Eve and presented her to Adam as a woman. Later, Lord promulgated the first Marriage Act in the following words:
“Therefore shall a man leave his father and his mother, and shall cleave unto his wife and they shall be one flesh”[1] (underlining mine).
A thorough review of this first marriage law may give the impression that it is compulsory for all men to marry. The use of the word seems to convey this mandatory impression. But the scriptures must interpret the scriptures. Our Lord Himself was never married and he explained that there are people who have become eunuchs for the sake of the kingdom of heaven[2] . Paul the apostle was single and he warned against marriage in the following words. “Do not look for a woman”[3] .
In general, there are essentially two marriage systems under Nigerian law, namely: monogamous (one man and one woman) and polygamous (allows more than one woman). These two systems differ fundamentally in characters and incidents. It is therefore important to consider this dualism in our consideration of the laws of marriage in Nigeria, in order to avoid confusion. Both systems are regulated by different types of laws. In Nigeria, a monogamous marriage per se is classified as a marriage under the Act. This form of marriage is governed by the provisions of the Marriage Act[4] , Federal law binding all states of the Federal Republic of Nigeria. On the other hand, a polygamous marriage is a customary institution. Consequently, the character and incidents of this system are governed by customary law. Incidentally, there is no uniform uniform system of customary law throughout Nigeria. Customary laws differ from one locality to another.
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[1] Genesis 2: 24(KJV)
[2] Matthew 19: 12 (KJV)
[3] 2 Corinthians 7 : 27 (KJV)
[4] Chpt.218, Laws of the Federation of Nigeria,1990; Vol.8, Cap.M6, Laws of the Federation of Nigeria, 2004.
