What are the different types of marriage in Tanzania, and what does a typical traditional wedding look like?
Tanzania is an East African country with diverse ethnic groups. The country is made up of over 120 ethnic groups, and marriages are celebrated in unique ways among them.
Thousands of marriages are held every year in Tanzania by Tanzanian couples and foreign nationals.
Marriage in Tanzania is not just a mere celebration, it is rich in diverse culture, traditions, and ritual practices.
But did you know that Tanzania was among the few countries in the world that permitted child marriages and also encouraged the male gender to have multiple spouses? To understand this and more, it is right to know the various types of marriages the law in Tanzania recognises. Keep reading, as JanaTribe takes you through everything you need to know.
Types of Marriages in Tanzania
Types of marriage vary from culture to culture. In most European states, the US, and China, legally sanctioned marriages are monogamous. In the Islamic world, a man, under certain conditions, is allowed to marry up to four wives. In most African societies, polygamous marriage is permitted, in which a man could have multiple wives, though even in such societies, some men have only one wife. Polyandry is a situation where a woman could have more than one husband; in most of our jurisdictions, this is not commonly applicable.
The law of Tanzania only recognises three main types of marriages, and each has its unique features. These include:
- Customary (or traditional) marriage
- Civil or court (oftentimes called marriage under the Act or ordinance)
- Religious marriages
The Customary Marriage in Tanzania
The customary marriage is also known as the traditional marriage. Traditional marriages in Tanzania are deeply rooted in ceremonial customs, typically involving elaborate rituals and ceremonies that vary across different ethnic groups. These ceremonies often symbolize the union of two families and carry significant cultural importance. However, the legitimacy of a traditional marriage is primarily established through the payment of the bride price, with other aspects of the ceremony being optional.
Normally, these types of marriages are presumed to be polygamous marriages. These marriages are also recognized as valid marriages for all legal purposes and make the requirement of registration of customary marriages mandatory, with no penalty for failure to register. This is an achievement to protect spouses under customary marriage. The law recognizes unregistered customary marriages as being valid and with the same protection as any other form of marriage.
The non-recognition of customary marriages may lead to severe hardship for the children who are not regarded as legitimate and for the wives of customary marriages, who are not given the same status as wives from civil marriages in matters of intestate succession and maintenance.
The Civil Marriage in Tanzania
A civil marriage is also known as a court marriage, contract marriage, marriage under the ordinance, or registry marriage.
A civil marriage is recognized and protected by law in Tanzania. This marriage takes place at the registry and is officiated by a state-authorized registrar. This type is contracted in the presence of either the judge, resident magistrate, or district magistrate and shall be recorded in writing, signed by the husband and wife and the person before whom it is made, as well as witnesses. These marriages are regulated by the Law of Marriage Act of 1971, unlike other forms of marriage, which are regulated either by religious rules or by customary rules.
Civil marriages are accessible to both Tanzanians and foreign nationals, and couples who want to perform this type of marriage must be fully eligible before going forward with it. Spouses who are from another country must ensure they are not prohibited from getting married in their home country.
Tanzanians can get married in the country or at the consulate or embassy of Tanzania in another country. This type of marriage is also legal and recognized by law in Tanzania. The marriage application in Tanzania allows spouses to apply either online or in person. All the conditions for marriage must be met, and spouses are required to submit all the necessary documents for the marriage to be legally registered in the country.
However, the law has relief for spouses who wish to convert their marriage from monogamous to potentially polygamous, and if the husband has one wife, from potentially polygamous to monogamous by declaration. However, this shall not be applied to Christian marriage, since the Christian faith does not recognize the marriage of more than one wife.
Generally, civil marriages in Tanzania do not take a long time, and couples often complete the ceremony in under 30 minutes. However, the procedures involved in registering the marriage can take anywhere from a few weeks to a month or two.
In-person Application
Spouses can download the application for marriage registration from the Tanzania contact link to begin the application process. The form has information columns that must be filled correctly by both spouses. Applicants are advised to go along with a photocopy of all the original documents required for the registration procedure. After the form is filled out and all the necessary paperwork is attached and submitted, the authorities in charge will contact the spouse to let them know when the registered document will be available (usually in a week). Since the notification has been received, the applicant may then go to the office to obtain their documents.
Online Application
Couples who want to carry out their marriage application online can do this by registering the marriage on the official link (online.rita.go.tz). A page will be opened where applicants can fill in their details to create a new account. Applicants who have already worked on their marriage application and have an account can simply login again. There is a “register marriage” option on the page, and applicants are redirected to where they can get the application form to register the marriage. All the columns must be filled out appropriately, and applicants must submit digital copies of all the required documents when submitting the application form. All required fees can be paid online through any of the payment channels provided on the website. Here, an applicant must input the district of the pickup point for them to successfully collect the certificate. Upon the correct completion of the application form, a marriage certificate should be sent to the spouse within a week.
Documents Required
- Government-issued birth certificate
- Copies of the national identity card or a valid passport
- 2 passport photos: These must be submitted by both spouses, and the pictures must have been taken recently.
- Both spouses must provide at least two local witnesses. These witnesses must not be related to them by a direct link or affinity.
- Certificate of no impediment to marriage This certificate must show that a partner is not currently in a marriage and that there is no current obstruction to the marriage.
- The witnesses must also provide a valid means of identification and have the legal right to perform the task.
- The documents provided by foreign spouses must be notarized and apostilled with stamps of authorization. Also, these documents must be translated by an authorized translator into any of the three official languages of Tanzania, which are Swahili, English, or Arabic.
Religious Marriage in Tanzania
Religious marriages in Tanzania entail Christian marriage and Muslim or Islamic marriage. Tanzania is a Christian-majority nation, with Islam being the largest minority faith in the country. This shows that most of the marriages are either held in the church or the mosque.
Tanzania makes the process of getting married simple, and spouses can easily get married regardless of their religion. Religious marriages are also legally binding in the country.
Both religions have their own unique ways of practicing marriage.
Christian or church wedding in Tanzania
According to the religious demography in a 2020 Pew Forum survey, approximately 63 percent of the population in Tanzania identifies as Christian.
Church weddings are officiated by a registered priest or pastor. It is customary for Christian weddings to be held in the church, followed by a reception that lasts until later in the day. Most times, the two marriages are classified as one and celebrated on the same day.
Unlike Islamic marriage, Christian marriage prohibits polygamy as it operates solely on the monogamy principle. This means a Christian is obliged to marry one woman.
Many Christian homes encourage church weddings due to their beliefs. Usually, churches issue a church marriage certificate. However, it is important to note that in Tanzania, some church unions are not recognised by the Marriage Act.
The Tanzanian law recognises some churches as statutory places of worship. These churches are licensed by the Ministry of Interior to conduct legal unions. They issue a church certificate and a statutory marriage certificate to couples.
It is important to confirm if your church is licensed as a statutory place of worship. If not, you should consider conducting church and statutory ceremonies, as the law allows this. In most cases, people conduct a traditional ceremony before a church or statutory wedding.
The Islamic Marriage in Tanzania
The 2020 Pew Forum survey shows that approximately 34 percent of the population in Tanzania identifies as Muslim.
Muslim wedding ceremonies are either held in the mosque or at the bride’s family house and are performed by a registered imam.
This type of marriage gives the husband the right to contract another marriage while the other subsists. The marriage contracted under Islamic rites is presumed to be polygamous or potentially polygamous unless centrally proven. The reason for this presumption is that, under Islamic law, a husband can marry up to four wives at a maximum.
The types of marriage can also be classified into the way they can be contracted, though all these ways of contracting marriage are governed by the single Act, they may differ in the manner in which they are executed. It follows therefore that marriage contracted under customary rites is regarded as customary marriage; hence, we have civil and Islamic marriage.
In Muslim law, marriage depends upon the free volition of the parties concerned, as does its dissolution, though the wife’s volition in this regard is subordinate to that of the husband since the Muslim jurists subscribe to the notion that of the two partners, the husband, on account of the physical and intellectual superiority, has to play the dominant role and the wife is therefore subordinate to him so that she enjoys no marital freedom. Therefore, in Muslim jurisprudence, unlike in Christianity, the husband enjoys the absolute power of divorcing his wife. The wife can successfully claim divorce from her husband only when he agrees to her proposal.
Islamic marriage allows polygamy, and for it to be considered valid, the following criteria should be met:
- The groom and the bride must consent to the union verbally and in writing.
- A bridal gift must be issued to the bride, which remains her property as security in the union.
- Two adult witnesses must be present to verify the Wedlock contract.
- The bride or groom can issue contract conditions that, if agreed upon, become legally binding conditions of the union, e.g., the wife’s right to continue her education and where the couple will reside.
Marriage Laws and Rights, Costs and Duties
Laws
The Law of Marriage Act in Tanzania gives specific rules and regulations to parties contracting marriage, and until these laws and rules are fulfilled, marriage cannot be contracted. In Tanzania, where the minimum legal age of marriage for men is 18 years and 15 years for women, special consideration is given to minors who wish to contract marriage under special circumstances, provided it comes from both parents. Religious, customary, and civil marriages are recognized and protected under the law, and couples can decide to contract whichever type of marriage they prefer. Same-sex marriage is illegal in Tanzania; homosexual relations are prohibited, and offenders are liable to face punishment. Due to the different religions in the country, couples who contract religious marriages have to follow the laws and dictates of their religious beliefs.
Polygamy and monogamy are the only recognized forms of marriage in the country; Muslim men are allowed to marry up to four wives according to Islamic law, while Muslim women are not allowed to do so. Christians are only allowed to marry one wife, according to Christian marriage laws. The law does not allow the marriage of persons who are related; marriage between siblings, biological or adopted, stepsiblings, cousins, uncles, aunts, grandparents, etc. is prohibited. There must be at least two witnesses present at the time of marriage to testify to the authenticity of the relationship. Consent must be obtained from both parties; they both must understand the concept behind marriage and agree to it voluntarily. If one of the couples is mentally unstable, he or she will not be allowed to marry because it is believed that he or she is not capable of giving free and full consent.
Forced marriage is prohibited by law; any marriage that was founded using force or coercion for deception or fraud can be annulled by the judge. According to the law, monogamous couples must be single at the time of marriage and must not attempt to practice polygamy. The same rule applies to polygamists; monogamy must not be attempted. All important documents must be available upon request from the authorities; documents such as identity documents, birth certificates, certificates of no impediment, etc., must be submitted at the civil registry office or various religious institutions. If one or both of the spouses have previously been married, he or she must provide proof that such a marriage no longer exists in a monogamous setting.
Rights
By virtue of marriage, certain rights are conferred on the parties contracting the marriage. There has been a shift in the types of rights enjoyed by the husband and wife over time. When it comes to inheritance rights in marriage, women do not have equal rights with men in Tanzania; women do not have the right to inherit their husband’s property after his demise; it goes to his family members. In a polygamous marriage, the husband has exclusive sexual rights over his wives, which are frequently one-sided. The husband and wife have the right to bear children or adopt and raise them according to their own personal and moral beliefs.
As previously stated, a man in a potentially polygamous marriage has the right to marry more than one wife at the same time, provided he is financially capable and mentally fit to treat them all equally. This is not a right that a Muslim woman has. The wife has the right to request maintenance from her husband for herself, the home, and the children. Across the country, divorce is frowned upon, but this does not limit the right of the husband and wife to file for divorce. The couple has the right to work and gain meaningful payment for that work. Couples have the right to make decisions based on mutual agreement on issues that concern the home. Spouses have the right to exercise financial freedom; they have the right to own property and financial assets as they see fit. Couples have the right to be involved in political and socioeconomic activities.
Does Tanzania support LGBTQI marriages?
Same-sex marriages are illegal in Tanzania. The country prohibits homosexuality and any form of sexual or romantic activity between two people of the same sex. Homosexuals in Tanzania can face severe legal consequences, including life imprisonment if they are caught.
