The Domestic Relations Bill in Uganda: Potentially Addressing Polygamy, Bride Price, Cohabitation, Marital Rape, Widow Inheritance and Female Genital Mutilation

Abstract

The Domestic Relations Bill is a crucial piece of legislation for Ugandan women. It addresses women's property rights in marriage and women's right to negotiate sex on the grounds of health, sets the minimum age of marriage at eighteen, prohibits FGM and criminalizes widow inheritance. As a compromise measure, bride price will not be prohibited, but the payment of bride price will no longer be essential for the formalization of customary marriages, and any demands for the return of marriage gifts will be an offence. The bill criminalizes marital rape and provides for civil remedies, such as compensation and restricting orders. The grounds for divorce are equally applicable to both spouses and alimony is provided for. The Domestic Relations Bill continues to exclude cohabitation from the presumption of marriage, but provides parties to such relationships with certain rights, including the right to register the fact of cohabitation and particulars of any monetary or non-monetary contributions made. A competent court may then distribute the property equitably in accordance with those contributions, and may do so even when registration has not taken place. Polygamy is also strictly regulated by guidelines that provide for the economic support of all wives. The bill also provides for equal sexual rights and establishes more equitable grounds for divorce. The paper discusses domestic and international law and Islamic Family Law in arguing that the reforms, while a step forward, do not go enough, offers arguments and alternatives and examines the particular situation of Muslim women. It questions the wisdom of promoting Khadi Sharia courts and discusses the Indian Shah Bano case as germane to Uganda's dilemma on issues of religious rights conflicting with issues of gender equality in contexts of Sharia personal law.