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Maajabu Ya Sheria ya Ndoa!!!

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Aloysius, Jul 20, 2011.

  1. Aloysius

    Aloysius Member

    #1
    Jul 20, 2011
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    Je wajua kuwa Sheria ya Ndoa ya Tanzania ni matokeo ya muswaada wa sheria ya Ndoa iliokataliwa kupitishwa na wabunge nchini Kenya, ndipo sisi tukaichukua nakuibariki kuwa sheria? Muhoji mbunge wako kuhusu hili! aloysrugazia@yahoo.co.uk
     
  2. C

    CHUAKACHARA JF-Expert Member

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    No it is not true!! What I know and it is so, it our LMA borrows heavily from Kenyan marriage law. Soma case hii itakupa mwanga kuhusu hoja yako. Wanasheria tunaomba elimu hapa.
     

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  3. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

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    Jul 21, 2011
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    Check your records again:

    Sheria ya ndoa ya Tanzania ilipitishwa mwaka 1971 na ilianza kufanya kazi tarehe 12 Februari 1971, ina vifungu 167 na imegawanyika katika sehemu VIII.

    Muswada wa kunya ulikataliwa 1985 itawezekana vipi kwamba sisi tunatumia muswaada huo?
     
  4. Aloysius

    Aloysius Member

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    Jul 28, 2011
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    What am saying is that what the Kenyan rejected, right from the Indian tailored Law of marriage manufactered from the Britons is what we assumed. Research that come to argue against while armed.
     
  5. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

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    Can you give examples, it is difficult to comprehend what you are driving at.

    What is it that the Kenyans rejected and we took, where did we take it from? India or UK
     
  6. C

    CHUAKACHARA JF-Expert Member

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    Looks aloysis you are a lawyer. Kesi ambayo nimei-attach hapo juu itakupa mwanga mkubwa chanzo cha sheria yetu ya ndoa.
     
  7. Aloysius

    Aloysius Member

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  8. Aloysius

    Aloysius Member

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    [Thank you for your case, I have read it just to find that it is confirming my argument. What I am stating is that whatever was borrowed from the Kenyans Bills or so was rejected by Kenyans in its entirety, what boggles you down? Yaani kuwa huo muswada wa wakenya tuliokopa sheria yao, wakenya waliukataa wote bungeni, kuwa ni mbovu.
     
  9. Aloysius

    Aloysius Member

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    Wewe soma kesi aliyo i attach bwana Chuakachara katika kunijibu ndio utaelewa nasema nini.
     
  10. Aloysius

    Aloysius Member

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    Read the case that Chuakaruka have gave as an attachment in reply to this topic. You will be blessed to decipher what I mean in light of it.
     
  11. zeus

    zeus JF-Expert Member

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    Aug 14, 2011
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    ajabu ipo wapi?? kwamba ilikataliwa Kenya?
     
  12. WomanOfSubstance

    WomanOfSubstance JF-Expert Member

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    Aug 14, 2011
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    Mnabishana nini sasa?

    Niwape historia kidogo kuhusu LMA 1971.

    LMA 1971 ni matokeo ya kazi ya miaka 10 na matokeo ya Kalema Report. Kwa kiasi Aloysius is right kuhusu kuchukua sana kutoka muswada ya Sheria ya Kenya. Kazi hiyo ya miaka 10 inajumuisha tafiti mbaimbali zilizolenga kupata sheria moja ya ndoa itakayowaridhisha watu mbalimbali kuendana na mila zao na dini zao na huo mswada wa Kenya kwa kiasi ulionekana umekidhi hayo matakwa japo huko Kenya mswada haukupita!

    Hiyo kesi uliyoweka ndugu ya landmark case ya mwaka 1984 ya Bi Hawa iliyotafsiri kifungu 114 ya LMA 1971 kuhusu kugawana mali iliyochumwa ndani ya ndoa imeweka precedent inayofuatwa hadi leo. Hiyo kesi haikuamuliwa from the abstract. Ni "Case Law" lakini imetokana na sheria hiyo hiyo ya LMA1971.
     
  13. WomanOfSubstance

    WomanOfSubstance JF-Expert Member

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    rekebisha kidogo hapo. Rejea tena finding za Tume ya Kalema ya 1965 upate historia ya sheria ya Tanzania ya ndoa.Muswada wa Kenya uliokataliwa ni huu wa karibuni wa 2007. Huo "uliokumbatiwa" kwenye Sheria yetu ya 1971 ni mwingine.
     
  14. MaxShimba

    MaxShimba JF-Expert Member

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    Aug 15, 2011
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    TANZANIA LAW AND ORDER: Law of Marriage No. 5 OF 1971
     
  15. MaxShimba

    MaxShimba JF-Expert Member

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    Aug 15, 2011
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    Law of marriage Case Laws

    THE TANZANIAN LAW OF MARRIAGE ACT

    The term marriage refers to an agreement by which a man and a woman enter into a relationship with each other and which creates and imposes mutual rights and duties (N.V. Lowe & G. Douglas. Bromley's Family Law 9th ).
    Marriage is the voluntary union for life of one man to one woman to the exclusion of all others (S.M. Cretney, et al Principals of Family Law)

    In Hyde v. Hyde (1866 LRIP & D 130, 133), it was stated that marriage is the voluntary union for life of one man and one woman to the exclusion of the others.

    In Ahmmed Said Kidevu v. Sharifa Shamte (1989 TLR 148) Maina , J. Observed that marriage is the voluntary union of a man and a woman and it is contracted with the consent of the parties.

    The provision of s.9 of the Law of Marriage Act, Act No.5 of 1971(Cap, 29 R.E.2002) defines the term marriage as the voluntary union of a man and a woman intending to last for their joint lives.

    Generally marriage can be defined as a contract between a man and a woman that contracted with their free consent with the intention of living together for the whole of their lives.

    The Law of Marriage in Tanzania is originated from the colonialists. In Tanzania by then Tanganyika, the British introduced the Tanganyika Order in Council (T.OC.) of 1920 that introduced the application of Customary Laws and the enactment of the Judicature and Application of Laws Act (JALA) (Cap, 358 R.E.2002) by then The Judicature and Application of Laws Ordinance (JALO).This provided for the application of Islamic and customary laws in marriage matters in the country.

    Read more ยปhttp://tanzanialaw.blogspot.com/2011/08/law-of-marriage-case-laws.html
     
  16. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

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    Aug 15, 2011
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    our marriage act devolved from a local interactive dialogue although tailored as per kenyan draft lwa.........tatizo is not what Kenyans feel it is not okay ought to guide how are laws are patched up
     
  17. Aloysius

    Aloysius Member

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    Aug 19, 2011
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    We must warn our selves in adopting what others are shunning. That was my worry!
     
  18. Kiranga

    Kiranga JF-Expert Member

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    Aug 19, 2011
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    I wish our learned friends would be more specific

    Hata mchungaji akitaka ku make point yake hasemi "read the bible, here it is". Atakwambia soma Kitabu fulani sura fulani, maandishi yanasema hivi na hivi na kuendelea ku build his case from there.

    Kama unaweza kutaka ku discuss sheria usiwe mvivu wa kudiscuss the intricacies.

    Hiyo kuweka mkesi tu hapa na kuwaambia watu wasome hakutoshi, maana kesi hiyo hiyo inaweza kuwapa watu 100 tofauti interpretations 100 tofauti.

    Kwa nini unasema Tanzania imechukua kilichokataliwa Kenya? Je, inawezekana, hata kwenye vipengele vyako unavyofikiri, ukweli ni kwamba Kenya wamekataa kilichokubaliwa Tanzania according to the given timeline ? Do you understand the difference?
     
  19. Kiranga

    Kiranga JF-Expert Member

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    Aug 19, 2011
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    We must warn ourselves? really? How do we warn ourselves?

    Kanumba English aside.

    The entire idea of "warning ourselves" about something simply because other's are "shunning" it is faulty logic.

    You cannot live solely by looking at how others live, otherwise you will be trying to "keep up with the Joneses" while your situation might not allow.

    Give us specific points on why this act is not good for Tanzania, and that should be enough.

    If the Kenyans throw diamonds in the sea will you also "warn yourself" about diamonds and throw bags of them in the sea?

    Kenya undoubtedly has some different dynamics, why do you want to sell us a Kenyan mentality towards marriage law without providing specific Tanzanian justification?
     
  20. nkasoukumu

    nkasoukumu JF-Expert Member

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    Aug 19, 2011
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    Legal pluralism on our marriage act affects women' marital rights
     
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