Have any enquiry? send a message!

+234 814 776 7193

publictions.lawrit@gmail.com

Edit Template

THE VALIDITY OF CONSENT IN RELIGIOUS AND CUSTOMARY MARITAL DISPUTE RESOLUTION- A CASE STUDY OF ETHIOPIA

THE VALIDITY OF CONSENT IN RELIGIOUS AND CUSTOMARY MARITAL DISPUTE RESOLUTION- A CASE STUDY OF ETHIOPIA

The constitution of the federal democratic republic of Ethiopia allows customary and religious courts to adjudicate cases related to family and personal matters(when all parties consent to it). While this pluralistic approach presents alternative ways of solving marital disputes, it brings along with it a danger to societies with low level education and low access to information. This is specially concerning since once someone agrees(consents) to settle their matter in this alternative methods the decision is binding and the person can not take their case to the formal court anymore. While article 34(5) of the constitution makes consent a precondition for religious and customary laws to handle cases related to family and personal matters the legitimacy of the consent given by people with low access to legal information can be put to question. In order for consent to be valid it needs to be done with the person having full information on the issue they are making a decision on. The application of religious and customary laws to resolve marital disputes, particularly when consenting parties lack sufficient legal information undermines the validity of the given consent. This article aims to critically analyze the detrimental effects of allowing customary and religious laws to resolve marital disputes in light of the validity of the consent.

Leave a Reply

Your email address will not be published. Required fields are marked *

Popular Posts

  • All Posts
  • Volume I
  • Volume II Issue I
  • Volume II Issue II
  • Volume III Issue I
  • Volume III issue II
  • Volume IV Issue I
  • Volume IV issue II
  • Volume V Issue I
  • Volume V Issue II

All Publications

Latest Publication!

Volume 5 issue I (2025) Now Published!

Blog Tag

    An online, peer-reviewed, open-access journal proving students of law with a platform to express their views on diverse legal issues.

    Our Subsidiaries

    Lawrit Ink Cell

    Contact

    +234 814 776 7193

    Publications.lawrit@gmail.com

    Updates, Events, and publications

    You have been successfully Subscribed! Ops! Something went wrong, please try again.

    © 2025 Developed by FemJoe