LOVE, MARRIAGE AND THE LAW

Photo by Beatriz Pérez Moya on Unsplash

Marriage in Nigeria is more than just a union of love — it’s a legal, cultural, and religious institution with rights and responsibilities. But did you know that not all marriages are equal under the law?

The law recognizes three main types of marriage, each with its own legal standing:
💍 Customary Marriage — Rooted in tradition and family customs.
🕌 Islamic Marriage — Governed by Islamic law and principles.
📜 Statutory Marriage — Formalized under the Marriage Act with full legal protection.

Each type has different requirements, rights, and legal implications for spouses. Failing to understand these distinctions could leave you unprotected in the eyes of the law. Thus, before saying I do, it is essential to ensure your marriage is legally recognized and your rights are secured.

Customary Marriage in Nigeria: Tradition Meets Legality

A Customary Marriage, AKA Traditional wedding is rooted in the rich traditions and customs of Nigeria’s diverse ethnic groups. It is widely practiced and legally recognized under Section 35 of the Matrimonial Causes Act (MCA). However, while deeply cultural, it also carries legal implications that every couple must understand.

Key Features of Customary Marriage:

1. Bride Price Payment — The groom must pay the agreed bride price or dowry to the bride’s family, symbolizing respect and commitment.
2. Parental Consent — Family approval is essential; both families must give their blessing.
3. Traditional Rites — Specific cultural ceremonies and rituals must be performed to seal the marriage.
4. Polygamous Nature — A man can legally marry multiple wives, provided he adheres to customary practices.

Legal Recognition of Customary Marriage

Customary marriages are legally valid in Nigeria once all traditional requirements are fulfilled. However, for added legal security, couples can register their marriage at the local marriage registry under Section 30 of the Marriage Act. Registration provides formal documentation, which can be useful in cases of inheritance, legal disputes, or official recognition.

Dissolution (Divorce) of Customary Marriage

Unlike statutory marriages, customary marriages can be dissolved through traditional means or by a customary court. The exact process depends on the ethnic group but often includes:
1. Returning the Bride Price — In many cultures, the refund of the bride price signifies the end of the marriage.

2. Family & Elders’ Mediation — Some communities require intervention by family elders before dissolution is finalized.

3. Customary Court Proceedings — Where necessary, a customary court can oversee the divorce process.

Islamic Marriage in Nigeria: A Union Under Sharia Law

Islamic Marriage, also known as Nikah, is conducted in accordance with Sharia (Islamic) law and applies to Muslims in Nigeria. It is legally recognized, particularly in Northern states that practice Sharia law, and follows the principles outlined in the Holy Quran and Hadiths.

Key Features of Islamic Marriage:

1. Consent of Both Parties — The bride and groom must willingly accept the marriage. Forced marriages are not permitted in Islam.
2. Payment of Mahr (Dowry) — The groom is required to give the bride a Mahr (a financial or valuable gift), which becomes her exclusive property.
3. Marriage Contract (Aqd-Nikah) — A formal agreement is signed in the presence of at least two witnesses, ensuring the marriage is valid under Islamic law.
4. Polygamous in Nature — A Muslim man may marry up to four wives, but only if he can treat them all equally and justly, as commanded in Quran 4:3.

Legal Recognition of Islamic Marriage

1. Recognized Under Sharia Law — Islamic marriages are legally valid and recognized by Sharia courts and customary courts in Northern Nigeria.
2. Not a Statutory Marriage — Unless registered under the Marriage Act, an Islamic marriage does not enjoy the full legal protections of statutory marriages. Couples seeking additional legal security should consider formal registration.

Dissolution (Divorce) of Islamic Marriage

Islamic law allows for divorce but imposes strict guidelines to ensure fairness and justice:

1. Talaq (Husband-Initiated Divorce) — A husband can divorce his wife by pronouncing Talaq, but Islamic law discourages impulsive divorces and requires reconciliation attempts.
2. Khul’ (Mutual Separation) — A wife can request a divorce from her husband by returning her Mahr (dowry), if both parties agree.
3. Faskh (Court Annulment) — A woman may seek annulment through an Islamic court if the husband fails in his marital duties (e.g., neglect, abuse, or failure to provide).

Statutory Marriage in Nigeria: The Highest Legal Protection

A Statutory Marriage is a monogamous union conducted under the Marriage Act, Cap M6, Laws of the Federation of Nigeria 2004. It is widely regarded as the highest form of legal marriage in Nigeria because it offers strong legal rights and protections.

Key Features of Statutory Marriage

1. Strictly Monogamous — A man can only have one wife at a time. Any additional marriage while still legally married is bigamy, a criminal offense.
2. Conducted at a Registered Place — The marriage must take place at a Marriage Registry or a licensed place of worship with a government-authorized officiant.
3. Notice of Marriage — Couples must give at least 21 days’ notice at the registry before the marriage is formalized.
4. Legal Protection — Statutory marriage provides stronger legal rights in matters of inheritance, divorce, and spousal support compared to customary or Islamic marriages.

Legal Recognition of Statutory Marriage

📜 Fully Recognized Under Nigerian Law & Internationally — This type of marriage is legally binding both in Nigeria and abroad.
📜 Must Be Registered — After the wedding, a Marriage Certificate is issued as proof of legal marriage, ensuring rights and protections under the law.

Dissolution (Divorce) of Statutory Marriage

Unlike customary and Islamic marriages, a statutory marriage can only be dissolved by a High Court under strict legal grounds set out in Section 15(2) of the Matrimonial Causes Act. Acceptable reasons for divorce include:

1. Adultery — If one spouse engages in extramarital affairs.
2. Desertion — If a spouse abandons the marriage for at least one year.
3. Intolerable Behavior — Includes domestic violence, emotional abuse, or any conduct making life unbearable.
4. Irretrievable Breakdown of Marriage — If the couple can no longer live together as husband and wife.

Conclusion: Choose Wisely, Protect Your Future

Marriage is more than just a union of love — it is a legal contract with rights and responsibilities. Each type of marriage in Nigeria — Customary, Islamic, and Statutory — comes with its own rules, protections, and legal implications. Failing to understand these differences can lead to disputes, inheritance issues, or lack of legal protection in the future.

Legal Tips for Couples:

✅ For Strongest Legal Protection — Opt for a statutory marriage under the Marriage Act to ensure full legal rights on inheritance, divorce, and spousal support.
✅ For Customary or Islamic Marriage — Ensure proper documentation and registration to prevent legal disputes, especially concerning property, inheritance, or divorce.
✅ Know Your Rights — Understanding the legal impact of your marriage choice can help safeguard your future and prevent avoidable conflicts.

💡 Marriage is a lifelong commitment — make sure it’s built on a solid legal foundation. Choose wisely, protect your rights, and secure your future. Love may be blind, but the law isn’t! ⚖️💍

• KNOWLEDGE TENT ORGANIZATION

Follow us on X, Instagram and LinkedIn @knowledgetent for more updates on simplified legal knowledge.