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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Division of Matrimonial Property in Tanzania
Author:Mtengeti-Migiro, Rose
Periodical:Journal of Modern African Studies
Geographic term:Tanzania
Subjects:marriage law
Peoples of Africa (Ethnic Groups)
Women's Issues
Law, Human Rights and Violence
Cultural Roles
Marital Relations and Nuptiality
External link:https://www.jstor.org/stable/161233
Abstract:In Tanzania up to 1971, family affairs were basically governed in accordance with either the customary law and/or religious beliefs of the different communities. This state of affairs not only gave rise to a number of problems, particularly as regards conflict of legislation, but also hindered the emergence of national unity. The National Assembly's enactment of the Law of Marriage Act in 1971 was considered as a progressive step towards uniformity and as a recognition of equality between husbands and wives. The Act gives power to the court, inter alia, to order a division of the marital assets acquired by the spouses during marriage through their joint efforts. Unfortunately, the Act does not make clear what constitutes a 'contribution' towards the acquisition of matrimonial assets. In particular, the main bone of contention has been whether or not 'work' includes housework. Several court cases are presented to illustrate this ambiguity of the Act. Ref.