CUSTOM TO STATUTE: NAVIGATING THE TRANSISTION OF MARITAL FRAMEWORKS AND ITS LEGAL IMPLICATION IN NIGERIA

Abstract

This study explored the transitioning of customary marriage to statutory marriage within the framework of law. This study critically examined the transition from customary to statutory marriage laws, analysed the legal, social, and human rights implications of this transformation. Doctrinal legal research was adopted with analysis of primary sources of law, such as statutes, judicial precedents and customary laws which were systematically reviewed to strengthen the study. Complementing this study, secondary sources of law such as peer-reviewed journals, books written by renowned scholars were examined. The justification for the adoption of this methodology was to facilitate the understanding of the former legal provisions and the lived experiences of families operating within these legal systems. The study revealed, among other findings, the prevalence of legal uncertainty, whereby both customary and statutory marriage laws lead to conflicts in legal interpretation and enforcement. The study concluded that the transition from customary to statutory marriage laws present significant, legal, social and human rights challenges while statutory laws aim to establish uniform legal standards. Finally, an attempt was made at recommending desirable reforms with a view to resolving the conflict which has been brought into being by such a conversion. The study recommended, among others, that there should be harmonization of legal frameworks to integrate customary and statutory marriage laws to create a more cohesive legal system.