AN APPRAISAL OF LAWS GUIDING CUSTOMARY DISSOLUTION OF MARRIAGE: NEED FOR CODIFICATION

Abstract

This research examines customary dissolution of marriage within the Urhobo, Oron, and Ikwerre tribes of Nigeria as the dissolution process is a complex and culturally nuanced process, deeply rooted in traditional practices and communal values.� The research explores the intricate procedures and grounds for marital dissolution among these tribes, highlighting the influence of cultural norms and the roles of family and community elders in adjudicating marital disputes. The project also explores the mode in which marriage is being conducted under these various tribes. It examines the variations and similarities in the dissolution processes among the Urhobo, Oron, and Ikwerre, underscoring the need for a standardized legal framework to harmonize these practices. Despite the significance of these customary laws in maintaining social order and cohesion within these communities, finding shows that the lack of codification has led to inconsistencies and challenges in their application. The absence of codified laws often results in arbitrary judgments and the marginalization of women's rights, necessitating a reform that balances respect for cultural traditions with the principles of justice and equity. This project recommends the codification of customary dissolution laws to enhance legal clarity, protect the rights of all parties involved, and ensure consistency in judicial proceedings. This project also recommends changes in the law to respect cultural traditions while creating a clear legal system. This study finds that emphasis was placed on the return of bride price wherein dissolution takes place. It also finds that codification of customary laws provides for written records of these laws which makes the accessible. The study concludes that legislative reforms are necessary to balance respect for the cultural traditions of the ikwerre urhobo and oron tribes with the need for ultimately promoting a fairer and more equitable resolution process for customary marriage dissolutions. This study adopted the doctrinal method.

Identifiers

Resource ID

urn:uuid:c00a3c74-5b50-4e24-8ce4-0b2ce757ec16