In Niger and Senegal, however, divorce is not valid until registered with a court.? Emory University
Enjoy your journey through! The Code regulates marriage, divorce, succession and custody, with separate section for Muslim succession law.
In case the divorce is judged to be the exclusive fault of one party, the judge may grant the other party appropriate compensation.Custody is determined by judgement of the court and may be granted to either party or to a third party according to the best interests of ward.� Whichever parent has custody, the father is the guardian, unless he is unable to fulfill this role.Succession is governed by classical law as outlined in Section III on Muslim succession in Book VII of Family Code.
The validity of marriages performed abroad is not dependent upon the presence of an American diplomatic or consular officer, but upon adherence to the laws of the country where the marriage is performed. Senegal gained independence from France in 1960. Email: This website remains accessible for archival purposes, and for whatever value or resources viewers may find in it. Before Senegalese independence from French colonization in 1961, marriage law followed an Islamicized Wolof custom—that is, a set of rules and regulations drawn from both Islamic law and local traditions. In case the husband sought the divorce on grounds of incompatibility or incurable illness of the wife, the obligation to maintain is transformed to obligation to pay alimony. As of 1993, government established working group to adapt national legislation to conform with international instruments ratified by Senegal.Marriage Registration: obligatory; if marriage contracted under one of customary legal regimes recognised in Senegalese law, parties must inform officer of civil status one month prior to marriage; non-registration is punishable by fine but does not determine validityPolygamy: permitted; groom must register his option for monogamous, limited polygamous or polygamous (up to four wives) regime upon registration of first marriage, and option is for life; wives entitled to equal treatment in polygamous unionsObedience/Maintenance: husband identified as head of family; choice of residence lies with husband, and wife is required to live with him, unless a judge has authorised her to live elsewhere as a result of danger to herself or her children; although maintenance is defined as obligation of both spouses during subsistence of marriage, the obligation is principally that of the husband and failure to maintain is provided as grounds for wife to seek dissolutionJudicial Divorce: either party may seek judicial dissolution on following grounds (preceded by reconciliation efforts by judge): other party�s declared absence; adultery; sentencing for crime bringing dishonour to family; failure to fulfil legal condition stipulated upon marriage; abandonment of family or conjugal home; maltreatment rendering continuation of marital life impossible; medically established sterility; grave and incurable illness discovered since marriage; incompatibility making continuation of conjugal life intolerable; and for wife, failure to maintain on part of husbandPost-Divorce Maintenance/Financial Arrangements: in case husband sought divorce on grounds of incompatibility or incurable illness of wife, obligation to maintain is transformed to obligation to pay alimony; in case divorce is judged to be exclusive fault of one party, judge may grant other party compensationChild Custody and Guardianship: custody is determined by judgement of court and may be granted to either party or to third party according to best interests of ward; whichever parent has custody, the father is the guardian unless he is unable to fulfill this roleSuccession: governed by classical law as outlined in Section III on Muslim succession in Book VII of Family Code; includes provision for only granddaughters through predeceased sons not standing to inherit as residuary heirs from anyone else to receive one-sixth of estateCRC � signature & ratification 1990, without reservationsThe legal system is based on the French civil law system. Either party may seek a judicial dissolution on the following grounds (preceded by reconciliation efforts by the judge): the other party�s declared absence; adultery; sentencing for a crime bringing dishonour to the family; failure to fulfil a legal condition stipulated upon marriage; abandonment of the family or conjugal home; maltreatment rendering continuation of marital life impossible; medically established sterility; grave and incurable illness discovered since marriage; incompatibility making continuation of conjugal life intolerable; and for the wife, the husband�s failure to maintain her. 1301 Clifton Road Atlanta, Georgia 30322-2770 USA
In Niger and Senegal, however, divorce is not valid until registered with a court.? A minority of the population follows indigenous religions or is Christian (mainly Roman Catholic).Constitutional Status of Islam(ic Law): The Constitution was adopted on 3rd March 1963 and has been revised numerous times. Senegal has the highest polygamy rate—the percentage of polygamous marriages among all married couples—in West Africa: Close to half of the women are married to polygamous husbands. L. 421, 1994, Human Rights Committee, Fourth periodic reports of States parties due in 1995: Senegal, November 1996.Abdullahi A. An-Na'im
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