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Customary law is a recognized source of law within jurisdictions of the civil law tradition, where it may be subordinate to both statutes and regulations. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight ...
Silvano Melea Otieno (1931 – 20 December 1986) — known as Silvanus Melea Otieno and S.M Otieno — was a leading criminal lawyer in Nairobi whose death and burial gave rise to a significant legal controversy regarding the tension between customary and common law in Kenya.
Likewise, the Kamba people recognise iweto marriages which are "woman-to-woman union[s] sanctioned by Kamba customary law". [7] The Kipsigis call this institution ketunchi toloch (literally "one marries for support"), with the female "husband" observing the same betrothal rites as a man seeking a wife. [ 8 ]
[17] [18] While Hindu personal law based on customary laws of Indian religions and Muslim personal law based on hanafi school are currently used, [50] the Indian government is promoting a Uniform Civil Code that applies to all citizens. [51] Kenya: Based on English Common Law and Civil law as well as the country's customary law. Lesotho
However, the employment of customary law differs greatly between nations and this is based on conditions for human rights and conflicts with the western laws employed. For example, Kenya has abolished its customary criminal laws, retaining only offenses surrounding marriage relations, [28] due to inconsistencies with the British common law ...
Polygamy is common among traditional communities in Kenya, as well as among the country’s Muslim community. [ 3 ] In parliament, the proposed 2014 polygamy bill had initially given a wife the right to veto the husband's choice, but male members of parliament overcame party divisions to push through a text that dropped this clause. [ 4 ]
Gabon: [9] Both men and women can join in polygamous marriage with the other gender under Gabonese law. In practice, the right to multiple spouses is reserved for men only. [10] The Gambia [11] Guinea [12] Guinea-Bissau; Libya [13] [14] [15] Kenya: Polygamy legal under legislation passed in 2014. [16] Mali [17] Mauritania [18] Morocco [19]
The practice of levirate marriage is strongly associated with patriarchal societies. The practice was extremely important in ancient times (e.g., Ancient Near East), and remains so today in parts of the world. Having children enables the inheritance of land, which offers security and status.