Family Law in Tanzania
Family law in Tanzania is governed by multiple legal frameworks, including statutory law, customary law, Islamic law, and religious laws. The main legislation regulating family matters is the Law of Marriage Act (LMA) of 1971, along with other relevant laws such as the Law of the Child Act (2009) and the Inheritance and Probate Acts.
1. Marriage Laws
Types of Marriage Recognized
Tanzania recognizes different types of marriage, including:
Civil marriage – Conducted under statutory law.
Customary marriage – Governed by local traditions and customs.
Islamic marriage – Follows Islamic principles under Sharia law.
Christian marriage – Conducted in churches and regulated by religious doctrines.
Legal Age for Marriage
The legal age for marriage is 18 years for both men and women.
However, under customary or Islamic law, girls as young as 15 years may marry with parental consent.
The Tanzania Court of Appeal ruled in 2019 that the minimum age should be 18 for both sexes, but enforcement is still inconsistent.
Marriage Registration
All marriages should be registered under the Registrar of Marriages for legal recognition.
Polygamy is allowed under customary and Islamic marriages, but not under civil or Christian marriages.
2. Divorce
Grounds for Divorce
Divorce is permissible but only under valid grounds such as:
Adultery
Desertion for more than two years
Cruelty (physical or mental abuse)
Separation for at least three years
Irreconcilable differences
Divorce Procedure
Mediation first: The law requires couples to attempt reconciliation before filing for divorce.
If mediation fails, a petition is filed in court to dissolve the marriage.
The court may grant spousal maintenance (alimony), depending on the financial situation of the spouses.
3. Child Custody and Support
Custody After Divorce
Best Interests of the Child Rule applies.
Generally, mothers are given custody of young children (below 7 years) unless proven unfit.
Fathers may receive custody for older children, especially boys, under customary law.
Joint custody is possible, depending on parental agreement.
Child Support
Both parents have a legal obligation to financially support their children.
If the father refuses, the mother can file a claim in court for child support payments.
4. Adoption
Governed by the Law of the Child Act (2009).
Eligibility:
The adopter must be at least 25 years old and at least 21 years older than the child.
Foreigners can adopt, but must reside in Tanzania for at least 3 years before applying.
Same-sex couples cannot adopt, as homosexuality is illegal in Tanzania.
5. Inheritance Laws
Types of Inheritance Systems in Tanzania
Tanzania has three inheritance systems, depending on the deceased’s background:
Statutory law – Applies to civil marriages.
Customary law – Applies to most Tanzanians following local traditions.
Islamic law – Applies to Muslims, following Sharia principles.
Inheritance Rights
Spouses and children are the primary beneficiaries.
Under customary law, male children inherit more than female children.
Under Islamic law, daughters inherit half the share of sons.
A will can override customary inheritance rules, but forced heirship applies in Islamic law.
6. Domestic Violence Laws
Domestic violence is criminalized under the Sexual Offences Special Provisions Act (1998).
However, enforcement is weak, especially in rural areas where domestic violence is often treated as a family issue.
Victims can seek protection orders, divorce, or criminal charges against abusers.
7. Legal Separation
Legal separation is allowed but not common.
A couple may live apart while still legally married, and a court may make rulings on child custody and maintenance.
8. Mediation and Dispute Resolution
Family disputes are often resolved through mediation by elders, religious leaders, or courts before proceeding to formal litigation.
Conclusion
Tanzania's family law system is a blend of statutory, customary, and religious laws. While the legal framework aims to protect spouses, children, and inheritance rights, enforcement challenges exist, particularly in customary and rural settings. Recent legal reforms continue to improve gender equality in marriage, divorce, and child custody matters.
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