Government Should Move Cautiously On The DRB
Dec 09, 2003
A reform of the country’s laws relating to marriage, divorce, adultery, family property rights, et cetera has been long over due.
A reform of the country’s laws relating to marriage, divorce, adultery, family property rights, et cetera has been long over due. There is no doubt that the existing laws are archaic and inapplicable. Not only do these laws not reflect the modern trends, they in some instances cause legal confusion. For instance, it is lawful under the Marriage Act for a girl aged below 18 years to marry, while under the Penal Code it is a serious criminal offence for a man to have sexual intercourse with such a minor.
Nonetheless, Government ought to move carefully and cautiously on the Domestic Relations Bill (DRB). Broad consultations and extensive public debate is a necessity on the proposed reforms, which according to the Minister of State in the Vice-president’s office, Adolf Mwesigye, would “greatly alter family life.â€
Women political leaders particularly in Parliament are pressing hard for enactment of the DRB ahead of the election year - 2006 for obvious reasons. I hope government would resist the temptation to use this DRB for political manoeuvre. There is misunderstanding that the Muslim community is opposed to the DRB because it seeks to restrict polygamy.
The question is whether the Muslims should be governed by Sharia (Islamic law) or the secular laws in matters of marriage, divorce, family property, et cetera.
What happens when the secular law conflicts with Sharia? These are pertinent issues that need to be examined. Should the country have the same marriage law for people of divergent religious beliefs? I also have some reservations on legislating against polygamy. I believe it is economic factors and economic empowerment of women that would gradually eliminate polygamy, but not mere laws on the statute books. Some of the proposals in the draft DRB are to say the least, a recipe for upheaval in families. For example, lots of men could end up in police cells on flimsy excuse that they forced their spouse into sexual intercourse.
Is there no possibility that a jilted wife could maliciously accuse her husband of marital rape?
There is a false impression that polygamy is only an African phenomenon. Polygamy is currently a subject of big debate in the US, Canada and other countries.
The Government should consider fears that a stringent family law may have other social consequences such as concubinage. It may be necessary also to consider fears that making it easy for spouse to divorce might result into high divorce rate and what has been described as ‘serial polygamy’, that is, a man or woman marrying and divorcing from time to time.
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Nonetheless, Government ought to move carefully and cautiously on the Domestic Relations Bill (DRB). Broad consultations and extensive public debate is a necessity on the proposed reforms, which according to the Minister of State in the Vice-president’s office, Adolf Mwesigye, would “greatly alter family life.â€
Women political leaders particularly in Parliament are pressing hard for enactment of the DRB ahead of the election year - 2006 for obvious reasons. I hope government would resist the temptation to use this DRB for political manoeuvre. There is misunderstanding that the Muslim community is opposed to the DRB because it seeks to restrict polygamy.
The question is whether the Muslims should be governed by Sharia (Islamic law) or the secular laws in matters of marriage, divorce, family property, et cetera.
What happens when the secular law conflicts with Sharia? These are pertinent issues that need to be examined. Should the country have the same marriage law for people of divergent religious beliefs? I also have some reservations on legislating against polygamy. I believe it is economic factors and economic empowerment of women that would gradually eliminate polygamy, but not mere laws on the statute books. Some of the proposals in the draft DRB are to say the least, a recipe for upheaval in families. For example, lots of men could end up in police cells on flimsy excuse that they forced their spouse into sexual intercourse.
Is there no possibility that a jilted wife could maliciously accuse her husband of marital rape?
There is a false impression that polygamy is only an African phenomenon. Polygamy is currently a subject of big debate in the US, Canada and other countries.
The Government should consider fears that a stringent family law may have other social consequences such as concubinage. It may be necessary also to consider fears that making it easy for spouse to divorce might result into high divorce rate and what has been described as ‘serial polygamy’, that is, a man or woman marrying and divorcing from time to time.
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