Women Land Rights under the Haya Customary Law: An Examination of the Law And Practice
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Mzumbe University
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A Compulsory Research Report Submitted in Partial Fulfillment of the Requirement for Award of Bachelor of Laws (LLB) Degree of Mzumbe University
This research examines the position of women in the administration of justice in Tanzania in relation to property rights under Haya customary law. The researcher used secondary method of data collection to investigate, interpret and identify physical resources such as books, journal articles and manuals. . In discussing women land rights under Haya customs the researcher discovered that, the application of rule 20 of the local customary violates human rights as well as it goes against the constitution. The said rule has been challenged before the court of law in number of cases. This problem happens to the people in rural areas hence they lack awareness, information and don’t knowledge on how to enforce their rights. On the other hand the problem still exists in different societies due poor interpretation and implementation of laws. The researcher recommends the legislative organ to revise the local customary law declaration order so as to cope with the constitution and human rights effort which emphasizes equality. Hence the mere declaration of courts when handling cases involving discriminatory customs does not cease the application of those customs.
This research examines the position of women in the administration of justice in Tanzania in relation to property rights under Haya customary law. The researcher used secondary method of data collection to investigate, interpret and identify physical resources such as books, journal articles and manuals. . In discussing women land rights under Haya customs the researcher discovered that, the application of rule 20 of the local customary violates human rights as well as it goes against the constitution. The said rule has been challenged before the court of law in number of cases. This problem happens to the people in rural areas hence they lack awareness, information and don’t knowledge on how to enforce their rights. On the other hand the problem still exists in different societies due poor interpretation and implementation of laws. The researcher recommends the legislative organ to revise the local customary law declaration order so as to cope with the constitution and human rights effort which emphasizes equality. Hence the mere declaration of courts when handling cases involving discriminatory customs does not cease the application of those customs.
Keywords
Women Land Rights, Haya Customary Law, Land rights, Land, Women, Customary Law