
There is nothing traumatizing as losing someone’s husband, but the idea of getting inherited by his brother would even be more traumatizing to me. Wife inheritance is not so new to us since some of our communities are allowed by their traditions to do it.
I could not avoid giving the issue a thought after going through some facts on the proposed law on marriage that seeks to revolutionize marriage by outlawing forced marriage and wife inheritance while embracing come-we-stay unions.
Even though the Bills fate hangs on a balance since more consultations should be made before its taken to parliament, its take on wife inheritance and other crucial issues that touches on marriage are some of the issue that most of us should concur with.
The Bill provides that one does not have to pay dowry to get married, but recognizes dowry payment by those who are capable of doing so. It also states clearly that dowry will not be recovered in the event that the marriage collapses.
The Bill also proposes that any man or woman in a marriage would provide for the upkeep of the financially weaker spouse. According to the draft copy of the Bill, a couple will be deemed to be legally married if they cohabit for two years or more.
It also allows the bridegroom and the bride to decide whether their marriage will remain monogamous or become polygamous at some stage, so long as they both consent in writing.
The Bill further grants a widow the right to marry a person of her choice a clear attempt to eradicate the culture of forced wife inheritance practiced among some Kenyan communities.
It also blocks the marriage of a person to his stepmother, a practice which still prevails in some parts of the country, and further blocks one from marrying an adopted son or daughter.
The bill also seeks to make a husband secure a court order before kicking the wife out of the house and vice versa. The law will change the overall perception of marriage giving it a new dimension which many might find hard to cope with.
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