The shadow of legal pluralism in matrimonial property division outside the courts in Southern Nigeria
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Date
2018
Authors
Journal Title
Journal ISSN
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Publisher
University of Pretoria
Abstract
Scholarly interest in the co-existence of normative orders in African social
fields tends to focus on conflicts arising from the interaction of customary
law with state law. This article takes a different path by revealing the
normative influence of state law on actors involved in matrimonial
property division outside the courts in Southern Nigeria. Based on
individual interviews and focus group discussions with female divorcees,
their parents, clergy, traditional leaders, NGOs and social welfare officials,
it analyses inequalities in property division under customary law, arguing
that these inequalities often lead to ‘dignity takings’. It reveals how the
Social Welfare Department, a government agency mandated to champion
the interests of women and children, plays a prominent role in the
privileging of gender, class and women’s dignity. Spurred by statutes, this
department increasingly orders men to divide matrimonial property and/
or to pay compensation to women. Its quasi-judicial orders on marriage
gifts, properties bought by women, and child custody potentially
contribute to ‘dignity restoration’ for women infantilised by the customary
law of matrimonial property. By revealing the driving forces behind shifts
in the traditional philosophy of matrimonial property, the article
demonstrates how non-judicial dialogue between state law and
customary law facilitates a living customary law of marital property
division in Southern Nigeria.
Description
Keywords
Customary law divorce, Nigeria, Social Welfare Department, Matrimonial, Property
Citation
Diala, Anthony C. (2018). The shadow of legal pluralism in matrimonial property division outside the courts in Southern Nigeria. African Human Rights Law Journal, 18(2), 706-731. https://dx.doi.org/10.17159/1996-2096/2018/v18n2a13