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For instance, the customary law of a particular village can be that only male children are allowed to inherit the estate of their fathers. However, to make sure that you fully understand these features, i will quickly explain each of them. it’s a matter of advocacy. 137) 137. If you know anyone that could be interested in the information provided above, be sure to share this with them! The second kind is conducted under customary law and can be polygamous as well as monogamous. This was why John Austin defined custom as “positive morality, a long as it does not receive judicial pronouncement.” The element of law is important because it is that which in reality carries sanction in the event of breach. Thankfully, some states have taken it upon themselves to negate this injustice, setting the legal age at 16 even for customary law marriages. One of the striking characteristics of customary law is that, it is totally unwritten.
It doesn’t have a formal status but is still recognized in court. This law is the same as the Islamic law, which predominates in the northern part of Nigeria and it had been in use since 1959. The issues concerning customary law marriages has been a popular topic in Nigeria for decades. This aspect of the customary law has its foundation in the Islamic religion. Yes! Other authorities such as the Black’s law dictionary, professor Obilade, Taslim Elias etc, has also corroborated their fact that it is the obligation of the people who practice a particular custom to translate it into a binding law. Its diverse nature calls for special studies. In other words, a custom may exist without the element of coercion or sanction. A customary law can only exist if two requirements are met: A customary law has power not because some influential person or company enforces it, but because of the collective mindset of the population. Continue reading below! The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. The Nigerian common law is divided into 2 broad aspects, which are: • The non-Muslim/Ethic laws and • The Sharia/Muslim laws. There have been cases where the court ruled that where a custom is not accepted it cannot be said to be a customary law. If other faiths too have a strong legal base, let them also include it.

Customary Law in Nigeria: All You Need To Know, Nigeria Immigration Service Recruitment: General Guidelines, UNILAG Admission Requirements for Undergraduates, JAMB UTME Subject Combination for Computer Science, FUTA Admission Requirements for Undergraduates, Management Institutions in Nigeria: The Ultimate List. It is also contended, that the diversity of customs in Nigeria, is the major obstacle to the uniformity of customary law system in Nigeria. These form the basis of what is termed the customary law in Nigeria.

It is not enlightening at all, I was hoping to learn something new. A wedding ceremony and celebration must be held, during which the bride will be handed over to the groom’s family. Having known this, we will now look at the characteristics of customary law in general. I really understood this topic. Leave your email to receive our newsletter, Get the hottest stories from the largest news site in Nigeria, Drop your mail and be the first to get fresh news, Restructuring Nigeria’s overbloated academic curricular by Moshood Olajide (opinion), REPORT: How COVID-19 increased child labour in Lagos state (parents, children share experiences), 80% staff of Niger education ministry with forged certificates - Committee makes surprising revelation, AMVERIFIED: Africa’s indigenous social network community, Visa Ban for electoral offenders: Buhari administration annoyed with US, UK. In the celebrated case of Lewis v Bankole (1909) 1 NLR, it was stated that one of the striking features of customary law is its flexibility; it appears to have been always subject to motives of expediency, and it shows unquestionable adaptability to altered circumstance without entirely losing its character. Court cases do bring up judicial precedents too and they make up integral part of the Nigerian law. The unwritten feature of customary has also made it very flexible. Bscholarly is an education and legal blog that is focused on disseminating Legal tips/news, Court judgments, Case Summaries, Admission News and school tips for scholars all over the world. The process of Islamizing Nigeria had been considerably successful over the years and this is one of the factors that promotes the introduction and inculcation of the Islamic law into the Nigerian legal system. Both types of laws exist in parallel to each other.
Following this definition, it should be noted that a custom may only reflect the common usage and practice of the people in a particular matter without having the force of law. Which CDMA has the best network in Ibadan outskirt?

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