The Impact of the Bill of Rights on African Customary Family Laws: A Study of the Rights of Women in Malawi with some Reference to Developments in South Africa.

• Main Author: Mwambene, Lea.
• Format: Others
• Language: English
• Published: 2008
• Subjects: African customary family laws; Bill of Rights; Cultural Rights; Customary marriage; Divorce; Inheritance; Matrimonial property; Matrilineal; Patrilineal; Women’s rights.
• Online Access: http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1656_1271625896

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo === s rights law reforms and courts&rsquo === adjudication of customary family law issues.</p>