Mujuzi argues that unlike the constitutions of South Africa and Malawi, which expressly require courts to refer to international law when interpreting the respective Bill of Rights, the Ugandan Constitution has no such requirement. It is considered a family debt of honor. There is a tradition of payment of bride price on the island of Money or other form of wealth paid by a groom or his family to the family of the bride harvnb error: no target: CITEREFHammurabi163-164 (The Jewish Way in Love & Marriage, Rabbi Maurice Lamm, Harper & Row, 1980, Chapter 15Num Wawn Num La Shaman Ga hte Htinggaw Mying Gindai,2010, Mougaung Baptist Church Accordingly, our appeal partly succeeded and partly failed. So, to enable these young men to marry, the rabbis, in effect, delayed the time that the amount would be payable, when they would be more likely to have the sum. In other instances, people marry at an advanced age, as they still need more time to acquire enough property to marry their wives officially.

Customary law is also considered more than just bride price but other rituals and ceremonies that enrich Ugandan cultures. It is not rare, that the groom has to give his bride huge amounts of cattle and also a house, car and other property.

In the Supreme Court, Justice Tumwesigye in his lead judgement acknowledged that the commercialisation of bride price “has also served to undermine respect for the custom” (MIFUMI Case, 2015, p. 26).

Such an amendment would ensure that one need not rely on the discretion of the presiding judge to decide whether or not to refer to international law. Justice Kisaakye agreed: “Given the dire consequences that a woman, her family and partner may face from a husband who is demanding refund of his bride price, it is not far-fetched to envisage that the requirement to refund bride price may force women to remain in abusive/failed marriage against their will” (p. 68). "This dowry budget can pay Kenya's debt to China," one Calvins Otieno commented on social media. This is done to allow young men who do not have much to marry while they work towards paying off the bride price as well as raising a family or wait for their own sisters and aunts to get married so they in turn can use the amounts received to offset their debts to their in-laws. I would support Mujuzi (2010) when he says that to protect such women, it is important that Uganda “domesticates” international law. The custom of refund of bride price devalues the worth, respect and dignity of a woman; ... ignores the contribution of the woman to the marriage up to the time of its breakdown; ... is unfair to the parents and relatives of the woman when they are asked to refund the bride price after years of marriage; ... may keep the woman in an abusive marital relationship for fear that her parents may be in trouble owing to their inability to refund bride price; ... and makes marriage contingent on a third party. When dowry price is being calculated is going to be higher or lower depending on the situation.In Africa and many parts of the world, dowery has always been as an appreciation to the girls/ladies side for their good upkeep of her. Marrying someone without children you will agree with me it is not the same with having with the one who has born children before marriage. Kenya: Dowry - Does It Put a Price On Women?

This was a landmark ruling that set a precedent throughout Africa, where bride price had not been challenged as a human rights issue in a court of law. 44–46) According to Justice Dulu, bride price is a gift or payment made to the parents of the bride at marriage, while dowry is a gift given to the woman in a marriage, which becomes her sole property. A woman is priceless. He recommends that Uganda should amend its constitution accordingly. “The promise of dowry in the marriage is a contract and in my view is enforceable.

Changing customary law on bride price in Uganda is difficult as it is guarded by society, which is especially in the rural areas approving its relevance.

The level of education has been seen as the key factor in much successful life as well as marriages. The woman might have control of this morning gift during the lifetime of her husband, but is entitled to it when widowed. The whole culture of the People of Ankole is deeply connected to the institution of bride price. The negotiations themselves have been described as the crucial component of the practice as they provide the families of the bride and groom the opportunity to meet and forge important bonds. Though the decision was conservative in upholding that bride price per se is constitutional, and in this regard yielded only incremental progress, its outlawing of bride price refund will act as a catalyst for other human rights demands that are implicit in such issues as polygamy, wife inheritance and FGC. However the outcome lent weight to the argument that society is the first to change, and it's only later that the law catches up with it. But there are also others, who take loans to be paid back within many years, just to marry the woman they love. On the other hand, a rich man marrying an educated woman, who has spent millions on her education in the expensive Ugandan education system, are willing and proud to "show up" and pay.

For instance, in Middle-Age Europe, the family of a bride-to-be was compelled to offer a dowry —- land, cattle and money —- to the family of the husband-to-be. The argument often is that dowry wasn’t “bride price” per se, but an act of “uniting” the two families.
Courtesy of Vania Turner
In Sub-Saharan Africa where land was abundant and there were few or no domesticated animals, manual labor was more valuable than capital, and therefore bridewealth dominated. When you want to pay a bride price in Kenya You need to consider the following three factors and which mostly will affect the price to pay : Of course, next to constitutional changes, changes in customary law would be necessary to abolish the practice.In sub-Saharan Africa, the visits between families to negotiate the bride price are traditional customs that are considered by many Africans to be central to African marriage and society.


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