INTRODUCTION

According to Rwebangila1 defines customary law as the law which is written, declared or unwritten but
is recognized by community as having force of law. It is applicable to African members irrespective of
their religious affiliation. Also ustomary law simply refers to rules, principles, practices and customs of
indigenous and local communities which are intrinsic and central party of the way of life of these
communities.

Customary law is the law that makes another authority to Tanzanian sources of law. Customary law and
is established under section 9 of the Judicature and Application of Laws Act2, .These are sets of rules
developed through customs, practices and/or usages of Tanzanian ethnic tribes and they are accepted
by Tanzanian as binding rules. The customs were accepted by the colonial regime thus accepted to be
applicable in ‘native courts’ to native parties. At independence these rules continued to be binding and
were made part of the laws of Tanzania in all courts having exclusive application at the primary courts.
The application of customary laws is only limited to civil cases particularly on issues of marriage,
succession, inheritance, land and family relations. Customary law applies only to members of the
community concerned. Customary law applies only when there is no written law, does not conflict with
statutory law and as of today’s conception, to circumstances which are not repugnant to principles of
human rights. To date customary laws include: codified customary laws, Islamic laws and other religious
laws.3

Example of customary law is Bridewealth Payments, according to Local Customary Law (Declaration)
Order4 Bridewealth is a payment in the form of cattle or other property from the bridegroom to the
bride's father or his representatives, and is given so that the bridegroom can marry a daughter of the
family [upon the marriage of the bridegroom to the father's daughter].

MAIN BODY

1
Rwebangila, The Law of Inheritance in Tanzania (A Status Report) of 1995 at pg 5,

2
[CAP 358 R.E. 2002] (JALA)

3
Local Customary Law (Declaration) Order (Numbers one to eight), 1963.

4
Local Customary Law (Declaration) Order. GN no 279 of 1963