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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Women without 'ankhoswe' in Malawi: a discussion of the legal position of women who enter into informal marital relations
Author:Chimango, L.J.
Periodical:African Law Studies
Geographic term:Malawi
External link:https://heinonline.org/HOL/Page?handle=hein.journals/jlpul15&id=60&collection=journals&index=journals/jlpul
Abstract:Marriage in traditional Malawian society is a special type of contract which is governed by well established principle. It is not sufficient for the parties to such a union merely to agree on cohabitation without consulting the ankhoswe (marriage guardians). It is essential for these ankhoswe from both sides of the union to get together and formally agree to the marriage. Absence of the ankhoswe renders such a union invalid, no matter how long the parties live together. They cannot institute divorce proceedings for the marriage never existed. This paper exposes the harshness of this rule and reveals its in applicability in the urban setting. Notes ref.; résumé en français.