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

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