Abstract
Both the FDRE Constitution, which has supremacy all over the country, and the Revised Constitution of the SNNPRS hinted the laws giving recognition to the marriage concluded under the systems of customary laws to be enacted. Accordingly, the House of Peoples’ Representatives of the FDRE enacted the revised family code by revising provisions in Civil Code dealing with family matters. The council of the SNNPRS, on its part, enacted the family code applicable in the region. Under both family codes marriages concluded according to the custom are given recognition provided that the essential conditions set under them are observed. These essential conditions are consent, age, consanguinity, affinity, bigamy, judicial interdiction and observance of period of widowhood. This study, therefore, was conducted to evaluate whether the marriages concluded according to the custom of Sidama observe the essential conditions of marriage under the family code of the region. To this effect, the research employed combined method of interview and analysis of the statutes and secondary data on the customary marriage of Sidama. Besides, personal observations were also vital. The findings of the study revealed that the essential conditions of marriage under the family code are not observed while marriages are concluded according to the custom of Sidama, rendering the marriages susceptible to dissolution. Thus, all concerned organs are called to act towards the observance of the essential conditions of marriage while marriages are concluded according to the custom of Sidama as it majorly affects the rights of women and ultimately drags the nation into backwardness.
Highlights
Marriage is a universal institution which is recognized (Family Law I Course Guide, National Open University of Nigeria, 2010) and practiced by all human societies since time immemorial (Kumo, 2016)
Both the FDRE Constitution, which has supremacy all over the country, and the Revised Constitution of the SNNPRS hinted the laws giving recognition to the marriage concluded under the systems of customary laws to be enacted
This study, was conducted to evaluate whether the marriages concluded according to the custom of Sidama observe the essential conditions of marriage under the family code of the region
Summary
Marriage is a universal institution which is recognized (Family Law I Course Guide, National Open University of Nigeria, 2010) and practiced by all human societies since time immemorial (Kumo, 2016). The people in Sidama have been getting married from time immemorial They do their marriage according to the rites of their customary law. It has not yet been studied that the essential conditions of marriage under the family code are observed in marriages concluded according to the custom of Sidama. With regard to the nature of marriage, the union of a man and woman may not, in many cases, be permanent in Sidama (Abayineh, 1992) This is because, wife is free to desert her husband and conclude another marriage. The wife may not be mature enough to weight and reach sound decision on essential matters In such situations, she may prefer deserting her husband and concluding another marriage hoping that would bring better life. The mother is required to educate her daughter concerning good management of household duties and discharging marital duties
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