Re-Imagining the Place of Parental Consent in Customary, Hindu, and Islamic Marriages in Kenya

The Platform Magazine for Justice, Law and Society. Issue No. 85, February 2023

10 Pages Posted: 4 Mar 2023

See all articles by Ronald Bwana

Ronald Bwana

Mount Kenya University - Mount Kenya University, Parklands Law Campus, Students

Date Written: February 28, 2023

Abstract

Marriage is humanity’s most universal and recognized institution. In some communities, marriage is a religious sacrament whilst, in others, it is a civil contract. The right to marry with the free and full consent of the intending spouses is incorporated in both domestic and international law. This article explores the doctrine of parental consent in Islamic, Customary, and Hindu marriages in Kenya. It urges us to rethink parental consent in light of, among others, freedom of marital contract.

Keywords: Parental, Consent, Marriage, Hindu, Islamic, Customary

JEL Classification: K

Suggested Citation

Bwana, Ronald, Re-Imagining the Place of Parental Consent in Customary, Hindu, and Islamic Marriages in Kenya (February 28, 2023). The Platform Magazine for Justice, Law and Society. Issue No. 85, February 2023, Available at SSRN: https://ssrn.com/abstract=4373353 or http://dx.doi.org/10.2139/ssrn.4373353

Ronald Bwana (Contact Author)

Mount Kenya University - Mount Kenya University, Parklands Law Campus, Students ( email )

Kenya
00100 (Fax)

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