Polygamy in the conflict of laws
Date
2015-05-11
Authors
Chibesakunda, Chibesa
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Abstract
Since the close of the first World War, there has been great intensification of modern influences among African peoples. They have experienced the impact of alien political, religious and economic organisations and of various other factors which have shaken the foundation of community life. This has resulted in a wide spread disintegration of the bonds and sanctions of African society before the people have been able to adjust themselves to the new order.Many factors in this process of culture have already engaged the attention of sociological enquiries, but there is one particular field of investigation which has not as yet received the special study it demands, namely, the effect of modern contacts on African marriage customs and the family system. The family is the most significant feature of African society, and the process of disintegration is nowhere more apparent than in this central institution. The orderly development of African life will depend in large measure upon the successful maintenance of the solidarity of the family unit in the course of the modification of its role under modern conditions.Within this general setting of the problem, it is important to note that colonial statutory law is sometimes ill-adjusted to African customary law in relation to marriage and kindred matters and that there is great divergence in the rules made by Native Authorities and in the practice of Native Courts in respect of matrimonial issues.The large Native Christian population and the Christian Churches themselves suffer exceptional difficulty owing
to the fact that the law regulating the status of persons contracting marriages under Christian rites, often pays insufficient regard to the conditions of African social life.For an adequate understanding of the urgency and character of practical steps desirable to secure the orderly develop¬ment of African family life, a comprehensive appraisal of the present position is required. It is accordingly proposed that an investigation be undertaken of the effect of modern contacts on African marriage custom, and this should include a particular study of the influence escerted by the statutory law, the practice of Native Authorities and courts and Church law on the relationship between polygamy and the law.Achieving these aims will entail first and foremost the nature of the conflict resulting out of an attempt to reconcile polygamy with English Criminal Law. Secondly, it will be necessary to trace the history of the application of alien influence on the African people and finally the effects of this influence in present day Africa.
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Keywords
Polygamy-Zambia , Polygamy-law and legislation-Zambia , Polygamy(English Law)