Marriage law controversy: A bone of contention in Tanzania

Dar es Salaam. Tanzania is at a critical juncture as the government grapples with the decision to amend the Marriage Act of 1971, which currently allows girls as young as 14 years old to marry with parental consent.

This law has been the subject of intense debate, with human rights advocates pushing for its revision, while some religious leaders oppose the changes, citing religious beliefs.

The controversy highlights a fundamental question: Should religious doctrines be allowed to override human rights, particularly the rights of young girls?

This dilemma became more pronounced following the introduction and passing of the Child Protection Laws (Miscellaneous Amendments) Bill, 2024, in Parliament this week.

While the new Bill is a significant step forward in safeguarding children's rights, many believe that the amendment of the Marriage Act should have been a priority.

For many young girls in Tanzania, the implications of the Marriage Act are profound. Child marriage often cuts short their education, exposes them to health risks, and traps them in a cycle of poverty.

According to the Demographic and Health Survey (2022), 29 percent of women aged 20-24 were married before they turned 18. This is a staggering statistic that underscores the urgency of reform.

Activists like the Executive Director of the Msichana Initiative, Ms Rebecca Gyumi, have been vocal in their demands for change.

"The current law undermines the dignity and dreams of young girls, It’s not just about age; it’s about their right to education, their right to choose their future," Gyumi says.

Despite winning court cases in 2016 and 2019 that mandated amendments to the Marriage Act, the government has yet to act.

This inaction, Ms Gyumi argues, continues to endanger the lives of countless young girls.

However, the push for reform faces stiff resistance from some religious leaders, particularly within the Muslim community.

They argue that allowing girls to marry while young is a way of preventing fornication and maintaining moral integrity.

"She should be married off to avoid fornication driven by bodily desires," said one religious leader during a recent meeting.

This stance reflects a broader tension between religious beliefs and human rights—a tension that is not unique to Tanzania.

Global perspectives on marriage age

In countries like Saudi Arabia and Iran, where religious doctrines heavily influence the legal system, child marriage remains legal, though it is increasingly scrutinised.

Saudi Arabia, for example, has no official minimum marriage age, though it has set 18 as the recommended age for marriage.

In contrast, countries like Tunisia and Turkey, which also have strong Islamic traditions, have set the minimum marriage age at 18.

These countries have recognised the need to protect children, even when it means challenging long-standing religious practices.

Legal experts argue that Tanzania can draw lessons from these countries.

"It’s not about discarding religious values," says the coordinator of the Tanzania Women Cross Party (TWCP) – Ulingo platform, Dr Ave Maria Semakafu.

"It’s about ensuring that those values do not infringe on the basic human rights of children," she adds.

The government’s indecision on the Marriage Act is becoming increasingly untenable. While the new Child Protection Bill is a welcome development, it does not address the root issue: the outdated Marriage Act.

In Parliament, lawmakers, like Sarome Makamba, (Special Seats, Chadema), have expressed frustration over the delay in reforming the Marriage Act.

“The harm caused to these children is great, we need to review and amend this law to help our children achieve their dreams," Ms Makamba said during a recent session.

Ms Makamba's sentiments were echoed by her CCM counterpart, Ms Mariam Kisangi, who pointed out the increasing number of child abuse cases as evidence of the urgent need for legal reform.

The way forward

As the debate rages on, it is clear that the government has to make a decision soon. The stakes are too high to delay any longer. For many young girls in Tanzania, their future depends on it.

"We cannot continue to ignore the plight of these children," says a senior advocacy officer at Msichana Initiative, Ms Lucy Gidamis, who added, "The law has to change to protect them."

She cautions about the long-term consequences of child marriage, which often traps girls in a cycle of poverty and exposes them to various forms of abuse.

"Child marriage poses severe health, economic, and social risks," Ms Gidamis explains, adding, "Amending the law is crucial to safeguarding the rights and futures of these children."

Activists also point out that Tanzania has already seen court rulings in 2016 and 2019 that declared sections of the Marriage Act unconstitutional.

Despite these legal victories, the government has yet to implement the necessary changes, even though it has been promising to do so.

"It's frustrating that despite winning these cases, the law remains unchanged," says Gyumi, adding, "This inaction puts more young girls at risk every day."

The activists believe that the government has a moral and legal obligation to act swiftly to protect the country's children.

"We need to ensure that the law reflects our commitment to children's rights, every day that passes without reform is another day that young girls are denied their rights and their dreams," says Ms Gidamis.

While concluding her argument pertaining to the Bill she tabled in Parliament, the minister for Community Development, Gender, Children and Special Groups, Ms Dorothy Gwajima, told the lawmakers that all their arguments were valid and that her ministry would work on them to ensure that children's rights were protected.