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Contract or agreement between two families
- A customary marriage can be regarded as a contract or agreement between two families which includes the payment of a ‘bride-price’ (lobolo), permits polygamy and obligates all parties to perform specific duties.
journals.ufs.ac.za › index › jjsPractical implications of the recognition of customary marriages
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This law defines “customary marriage” as the marriage between a man and a woman performed according to the tribal tradition of their locality and provides that a wife’s rights and duties within a customary marriage are the same as a wife’s rights and duties in a statutory marriage (a statutory marriage is a civil marriage license under ...
May 10, 2024 · Legal Framework for Customary Marriages. The RCMA, effective from November 2000, lays down clear criteria for a customary marriage to be considered valid: Both parties must be over 18 years of age and mutually consent to the marriage. The marriage must be negotiated and celebrated according to customary law.
May 1, 2021 · A customary marriage is one that is concluded in accordance with customary law, and the RCMA defines ‘customary law’ as ‘the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples’.
Oct 8, 2021 · According to the Recognition of Customary Marriages Act, 120 of 1998, a customary marriage is a “marriage concluded in terms of customary law”, and this Act defines customary law as “the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples”.
Feb 15, 2021 · 1 Sometimes known as indigenous law, customary law is defined in the Recognition of Customary Marriages Act 1998 (RCMA) as the customs and usages observed among the indigenous African peoples of South Africa, which form part of the culture of those peoples.
- Thandabantu Nhlapo
- 2021
At its core, a customary marriage is a union that is recognized and upheld by the customs and traditions of a particular community or group. Distinct from civil marriages, customary marriages are governed by the unique cultural practices of a group rather than by universal civil law.
Customary marriage, a form of union rooted in tradition and cultural practices, offers unique benefits and significance that often go unrecognized in the broader discourse on marital relationships. Understanding the advantages of customary marriage not only helps in.