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📌Shiavault - a Vault of Shia Islamic Books In Defence of Islamic Laws Memorandum on Tanzania White Paper on Uniform Marriage Law Note: This Memorandum unavoidably incorporates some paragraphs from the Memorandum submitted to the Kenya Govt.’s Commission. On behalf of the Shi’a Ithna-’Ashari Community of Tanzania, we take the liberty of submitting the following views on the Government proposals on Uniform Law of Marriage (Government's Paper No. 1 of 1969).

The claimed aim of the proposals is to remove the present condition in which "the existing laws do not recognize all the marriages contracted under different laws as equal.” But, is it necessary, for this purpose, to enact a uniform law of marriage? Can this object not be easily achieved by bringing all the marriages under the jurisdiction of one court and under one register of marriages?

In 1964, the 'Restatement of Islamic Laws Act' was passed to the effect that the rules of Islamic Laws of marriage be codified. A Subsidiary Legislation' under that Act was published as the Supplement No. 34 in the Gazette of 27th June, 1967. This was supposed to be the first installment. We wonder why that policy could not be continued, or even extended to cover the different customary as well as the Hindu and Christian marriage laws.

These laws could be codified and brought under the jurisdiction of one court. Then, and only then, could a comprehensive chapter be added dealing with the conflict of law, some examples of which have been given in the White Paper. We appreciate that multiple social problems arising out of the abuse or misinterpretation of customary or religious laws, in general give cause for serious concern to the Government.

The Government, in the efforts to secure the welfare of its people, in that respect, is confronted with the task of eradicating social evils. Any effort in this direction is worthy of support and deserves all co-operation. But we feel that the idea of enacting a common law, repealing the Restatement of Islamic Laws Act, is not the right one. Even traditions (not having any divine authority behind them) are hard to change.

This becomes even more dangerous in cases like the Islamic Law which is an integral part of our religion. These laws cannot be violated without incurring a sense of guilt and sin. Therefore, we feel that the best way would be to "let a hundred flowers bloom." National unity does not demand that all citizens should have the same dialect or the same religious belief.

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