SANCTITY OF MARRIAGE IN STATUTORY AND CUSTOMARY PARLANCE:A LEGAL ANALYSIS

Student: Peace Ojonago Adejoh
Supervisor: Mrs Ajibade Toluwalase
HOD: Prof Dorcas Odunaike
Department of JURISPRUDENCE AND INTERNATIONAL LAW
Law
Babcock University, Ilishan-Remo, Ogun State

Abstract

This research explored the concept of sanctity of marriage in both statutory and customary law. This research began by examining the legal definitions of marriage and the main focus was the various legal frameworks governing marriage in different jurisdictions. The objectives of this research identified the laws regulating marriages, the lacunas in the laws, factors that seek to water down the sanctity of marriage and also delved into the relevance of sanctity of marriage in both statutory and customary parlance. The methodology employed in this research was primarily the doctrinal research, involving the study of relevant legal materials such as statutes, case law, and legal commentary. This research also drew on comparative research, and examined the similarities and differences between legal frameworks in different jurisdictions. The findings of this research revealed that while the concept of sanctity of marriage is rooted in both statutory and customary law, it is subject to certain exceptions and limitations. While the legal definition of marriage varies between jurisdictions, the institution of marriage is generally considered to be a solemn and binding union between two individuals. This research also highlighted the role of religion and cultural norms in shaping the concept of sanctity in marriage. In conclusion, this research demonstrated that the sanctity of marriage is a fundamental aspect of both statutory and customary law. While the legal frameworks governing marriage differed between jurisdictions, the concept of sanctity remains a key component of the institution of marriage. There is need for a balanced approach to the concept of sanctity of marriage, taking into account the interests of all parties involved. Understanding the role of sanctity in marriage is crucial for policy makers, legal practitioners, and individuals seeking to enter into marriage, as it shapes the legal and social expectations of this important institution. Keywords:Marriage,Sanctity of Marriage, Statutory Law, Customary Law, Annulment Word Count: 298

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