What are the types of marriages in Nigeria? Everything about the Nigerian marriage legal framework: requirements, and legal implications explored!
If there’s one thing about most African countries that makes them distinct, it’s their rich traditions and customs.
You should now know that these nations had their practices, rituals, and way of life before they were colonized by the Westerns, which has brought forth some modern practices.
Among the many things that have evolved because of colonization is the way people get married. In ancient times, our forefathers had only the traditional marriage system before any other type was borrowed. This is why a lot of African weddings have a traditional marriage followed by a white or civil marriage.
Back then, it was solely traditional before Africa domesticated the two exogenous religions. While Islam and Christianity both came to Africa from the outside, both traditions have been present on the African continent for nearly as long as they have existed. Keep reading as we channel our attention to marriage in Nigeria while explaining the various types that exist.
Types of marriages in Nigeria
As a cherished and sacred institution, marriage has often been described as a voluntary union of one man and marriage—the exclusion of others. Due to the duplicity of laws in Nigeria, however, a marriage may or may not exclude others.
There are two main types of marriages recognised by the law in Nigeria. They include:
- Traditional or customary marriage.
- Marriage under the act (oftentimes called statutory, civil, or court marriage; this also includes two types: Christian/church marriage and Moslem/Islamic marriage).
A lot of popular Nigerian outlets have also classified marriage into three categories: traditional, statutory, and religious marriage (this is where the Islamic and Christian types fall under).
In this article, JanaTribe will examine their requirements, extent, and implications under the law, which intending couples should be aware of. By understanding the legal aspects of marriage, individuals can make informed decisions and navigate any complexities that may arise.
1. Customary Law Marriage
Of all the types of marriages, the traditional or customary marriage is the oldest, and any other type is regarded as modern or borrowed from the Westerns.
Various customs operate in different localities in Nigeria. These customs, however, are subject to the provisions of the constitution and are binding on its people. Under various customary laws in Nigeria, marriage is collectively recognized as an important institution, with very similar circumstances. Under customary law, marriage is seen as a voluntary union of a man and woman or women for life to the exclusion of all others.
Customary marriages are recognized under the Nigerian legal system, and they have their own set of requirements and procedures. Generally, customary marriages involve traditional ceremonies, the exchange of gifts, and the consent of both parties.
Practically, it requires the meeting of the two families on marriage matters. The groom will pay the bride’s price and bring the dowry to her family’s house. During this process, the father of the bride will hand over the wife to the groom’s family. That ends the traditional marriage. It is not necessary to document it with the local government.
It is important to note that the specific requirements and procedures can vary depending on the customs of the ethnic group involved. A Yoruba union, for example, may follow different traditions than an Igbo one.
Different customs guard different customary law marriages in Nigeria, and some common forms include traditional marriage, Islamic marriage, sororate marriage, woman-to-woman marriage, and ghost marriage. The only constant factor among the various customs is the permission given to men to contract marriage with more than one person.
For a customary marriage to be valid, the following requirements must be fulfilled:
- Consent of the parents and guardian of the bride, and consent between the parties to marry each other.
- This consent must be given before the celebration of the marriage. In the case of Osanwoyi v Osanwoyi, A and B were married under customary and native law. B paid a dowry of sixty thousand (60,000) to A’s father without the knowledge and consent of A. The Court held that there was no valid marriage between A and B under the customary law. Thus, before a customary marriage is valid, both parties have to agree to marry each other, and the parents who will receive the bride price also have to approve. This was judicially furnished in Okpanum v Okpanum (3), where the court held that to constitute a valid customary marriage, there must be parental consent and mutual agreement between the parties. This was also held in other customary law cases in Nigeria.
- Payment of the bride price.
- The groom must pay a bride price to the parents or guardian of the bride, as the case may be. The groom must comply with their marriage list or requirements to take the bride out of their custody.
- The marriage must be between citizens of Nigeria.
- That is to say that a marriage between a Nigerian and a non-Nigerian is void under the customary law. In the case of Savage v Maltery (4), the court held that the marriage between a Yoruba girl and a Sierra Leonean man was void, and in Fonesca v Passman (5), the same was held for the marriage between an Efik girl and a Portuguese man.
- The marriage must be free from consanguinity and affinity.
- That is to say, parties to the marriage should not be related by blood or birth; otherwise, the marriage will be void. In most customs, it is an abomination to marry or have sex with someone of the same blood. Thus, where a marriage is between two people of the same blood, e.g., brother and sister, mother and son, male and female cousin, such marriage by its consanguinity is void under the customary law.
- Also, the marriage must be conducted according to the customs of the particular society.
When it comes to customary law marriage in Nigeria, the framework is based on the customs and traditions of different ethnic groups. So, only elders and knowledgeable persons in such ethnic groups and communities could give adequate descriptions of such marriage traditions.
2. Statutory Marriage
Simply put, statutory marriage (also called court registry or civil) is one provided for under the Marriage Act. It makes monogamous marriage a compulsion. It is a result of the free consent of both parties: a contract between a man and a woman under which they enter into legal relations involving certain rights and obligations.
Examples include marriages done at the court registry and marriages done in a licensed place of worship (church marriage).
The principal pieces of legislation regulating statutory marriages in Nigeria are:
- The Marriage Act;
- Matrimonial Causes Act, Cap M7, Laws of the Federation of Nigeria, 2004;
- Matrimonial Causes Rules made under the Matrimonial Causes Act.
Under the Marriage Act and the Matrimonial Causes Act, the following requirements are requisites for persons who wish to contract a statutory marriage. They include;
- Parties should be of reasonable age.
- Parental consent must be obtained.
- Neither party must be already married.
- Payment of dowry.
- Parties must not be within the prohibited degrees of consanguinity and affinity.
This form of marriage is similar to that of a contract. Its premise is on the consensus ad idem of two persons to become one to the exclusion of others. In addition to the above requirements, the marriage must be registered at the appropriate Marriage Registry, and a marriage certificate will be issued as proof of the union. The Act also outlines the process for solemnizing the marriage, which involves the presence of witnesses and an authorized marriage officer. A person who has contracted a statutory marriage cannot go further to contract another marriage (statutory or customary) with another person until the dissolution of the previous marriage is concluded.
These requirements distinguish a statutory marriage from all others and that is why the law’s stance on it is quite strict. Failure to comply with the above requirements renders such a marriage void or voidable under the provisions of the law.
i. Christian or Church Union
Various religious denominations celebrate weddings between their members in a church setting. An ordained priest, pastor, or other member of the clergy officiates these unions, which are normally monogamous.
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 Nigeria, some church unions are not recognised by the Marriage Act.
The Nigerian 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.
ii. Moslem/Islamic Law Marriage
Islamic law marriage in Nigeria, also known as Nikah, follows the framework of Islamic principles and traditions. The process involves several steps, including the proposal, acceptance, and the presence of witnesses. The marriage contract, known as the Nikahnama, is an important document that outlines the rights and responsibilities of both parties.
It is important to note that the specific requirements and procedures may vary slightly depending on the Islamic sect and local customs. It is usually classified under customary marriage in Nigeria because quite several northern states regard Islamic law as their custom. Much like customary law and the provisions of Islam, a man is allowed to contract a marriage with up to four women.
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.
FAQs
What are the 3 types of marriage?
The 3 types of marriage in Nigeria are statutory, customary, and Islamic unions. Each of these is legally recognised in Nigeria.
What are the types of marriage in Nigeria?
The main types of marriages in the country are statutory, Islamic, and customary. Church weddings normally fall under statutory unions, but only if the church is licensed as a statutory place of worship.
What are the two types of marriage in Nigeria?
Broadly speaking, there are 2 types of marriage in Nigeria: marriage under the Act and traditional or customary marriage.
What are the different ways in which people get married?
People can enter into wedlock in Islamic, statutory, or traditional ways. Islamic and traditional unions allow for polygamy, while statutory unions are monogamous.
Which are the 10 types of marriage in the world?
There are many categories of unions in different parts of the world. They include inter-faith, civil, religious, common law, morganatic, secret, shotgun, same s*x, arranged, and convenience unions. Some of these are not legally binding in Nigeria.
What is the most common marriage in Nigeria?
In Nigeria, a court wedding is the most common type. Essentially, four major types of marriage can be conducted in Nigeria. These include statutory marriage (registry); customary marriage (traditional); church marriage; and Islamic marriage.
What is modern marriage in Nigeria?
Modern marriage was brought into Nigeria from outside the country. There are three types of modern marriage, namely: Christian marriage or church marriage, Muslim marriage, and marriages under the Marriage Act.
What are the two ways of getting married in Nigeria?
Two types of marriages are recognized under the law, and they are: Ordinary Marriage: This is a marriage between a Nigerian and a Nigerian. Special Marriage: This is a marriage between a Nigerian and a non-Nigerian or between a non-Nigerian and a non-Nigerian in Nigeria.
What is civil marriage in Nigeria?
In Nigeria, a court wedding, also known as a civil marriage, is a legal union between two individuals that is conducted and recognized by a court of law, typically the registry or magistrate’s court. It’s a straightforward process involving signing legal documents in the presence of a registrar and witnesses.
What are Nigerian marriages like?
Nigerian weddings are colorful, lively, engaging, entertaining, and often long affairs. The religious and tribal elements that need to be incorporated will be dictated by which tribe the bride and/or groom are from, i.e., the breaking of kola nuts or the groom and his friends prostrating before the bride’s family.
What is the difference between court marriage and church marriage in Nigeria?
The only difference between a civil marriage and a wedding in the church is that the marriage officer is not ecclesiastical and that one does not get married in a church. Most of those who choose to marry civilly want a wedding dress, bridesmaids, a wedding bouquet, and, of course, a wedding party.
Conclusion
Nigeria has a diverse legal framework for marriages, encompassing customary (also known as traditional) and statutory, and in most cases, religious (which consists of Islamic law marriages and church unions). Each type has its requirements and legal implications, ensuring that the rights and responsibilities of individuals are protected. Individuals must understand the specific requirements and procedures for their chosen type of marriage to ensure its validity and legality. By consulting the relevant laws, such as the Marriage Act, and seeking legal advice when needed, individuals can navigate the marriage process with confidence. The legal framework for marriage in Nigeria reflects the country’s rich cultural and religious diversity, providing a solid foundation for unions and the recognition of marital rights.
