0.

1 INTRODUCTION

Marriage; means the voluntary union of a man and a woman, intended to last for their joint lives.
this means that under the law there are three elements that marriage must be voluntary, it must be
intended to last for life, marriage must be between a man and a woman(heterosexual) provided under
section 9(1) section 9(1) of The Law of Marriage Act [CAP.29 R.E 2019]1. There are two types of
marriage under law of marriage act which are monogamous marriage and polygamous marriage.
Provided under section 9(2) and (3) of The Law of Marriage Act [CAP.29 R.E 2019]2. In the land
mark case of Hyde v Hyde (1866) L.R1 P&D 130,133 the court by lord Penance was of the view that
“ marriage as understood in Christian dome may be defined as the voluntary union for life . 3 Where by
monogamous marriage is a marriage between one man and one woman, and polygamous marriage is a
marriage in which a man marries more than one woman in Tanzania those two types of marriage are
accepted and practiced in most of the societies where by polyandry is highly prohibited and not
practiced in Tanzania because involves marriage where one woman married by many men( more than
one man) the law of marriage act does not allow a woman to be married with more than one man and
a married woman who is a party to a ceremony whereby she purports to marry another man commits
an offence. Provided under section 152(1) of The Law of Marriage Act [CAP.29 R.E 2019]4.

Tanzania is an offence for a woman to be married by more than one man where by legal systems
around the world the practice of a woman having more than one husband, is considered taboo
or even illegal. There are several reasons why this type of marriage is viewed as an offence
differently from monogamous marriage and polygamous marriage

Historical and cultural context: Throughout history, many societies have been patriarchal
in nature, where men held more power and authority than women. As a result, the idea of a
woman having multiple husbands may challenge traditional gender roles and societal norms
because it acts against cultural norms of men superiority because have historically held a
lower social status than men. Polyandry could threaten patriarchal control over women
sexuality and reproduction. Because if a woman has multiple husbands, it becomes difficult
to determine the father of her children, making it harder to assign lineage and inherit
property.

Parentage and inheritance: One practical concern with polyandry is determining the
paternity of children born within such relationships. In societies where inheritance and

1
S.9(1) of LMA [CAP 29.R.E 2019]
2
Ibid S.9(2)
3
Hyde v Hyde (1866) L.R 1
4
Ibid S.152(1).
lineage are important, having multiple fathers for a child can complicate matters related to
property rights, inheritance laws, and social status because of misunderstanding of the really
father of the child

Social stability: Polyandrous relationships can potentially lead to conflicts over resources,
jealousy among spouses, and issues related to decision-making within the family unit. This
complexity may be seen as a threat to social harmony and stability and it can be difficult to
determine the biological father of a child this can lead to dispute over lineage and inheritance
rights and social status of the child

Legal frameworks: Many legal systems are structured around monogamous marriages or
polygynous marriages but do not have provisions for polyandrous unions. This lack of legal
recognition can create challenges in areas such as taxation, healthcare benefits, child custody,
and other legal rights that are typically associated with marriage.it can be said that in many
jurisdiction including Tanzania we have forbidden polyandry to be practiced and declared it
illegal and set for sufficient legal consequences for the purpose of discouraging people in
practicing polyandry hence the Tanzania Law of Marriage Act [CAP 29 R.E 2019] section 10
(1) do recognize two types of marriage which are polygamous and monogamous
respectively.5 However, its well known that for any act to become an offence it should first be
forbidden by the law of a particular country.

Religious and cultural beliefs: In some cultures and religions, the concept of one woman
deeply held beliefs or teachings. These religious or cultural norms can influence societal
attitudes towards polyandry.as we do all know that even religious teachings doesn’t
acknowledge this polyandry as the type of marriage, for instance in Christians they do believe
into one man to one woman, however for those who are Muslim believers they do practice
and acknowledge polygamous marriage so this polyandry seems to be criminalized by both
faith means of Christians and Muslims

Gender equality: in some societies polyandry may be viewed as oppressive to women

particularly if its practiced without their consent. Polyandrous relationship might be
perceived as exploitative especially if the women are forced into such arrangements against
their will The perception of fairness and equality between genders also plays a role in how
polyandry is viewed. Some argue that allowing men to have multiple wives while prohibiting
5
Ibid S.10(1)
women from having multiple husbands perpetuates unequal power dynamics between the
sexes.

Therefore; in Tanzania a legal prohibition on polyandry reflects a combination of historical

and cultural factors that prioritize male dominance and clear lineage. This aligns with the
patriarchal structure of Tanzanian society and some religious beliefs. While the impact of
polyandry on social stability might be debatable, the law reflects the current societal norms
that emphasize monogamy and established inheritance practices

REFERENCES

STATUTES

1.The Law of Marriage Act

CASE

1.Hyde v Hyde (1866)

ONLINE SOURCES

1.www.law.cornell

2.www.ojp.gov

3.www.cliffnotes.com