In love with first cousin

I am a 32-year-old man living in Mwanza and have fallen deeply in love with my first cousin. We love each other and are seriously planning to get married. However, our families are strongly opposed to the relationship because our tribal customs strictly prohibit marriage between cousins. I have heard that Tanzanian law does not prohibit cousins from marrying, but my relatives insist that our marriage would be against our traditions. I am now confused. Can we legally marry despite our customary practices? 

PJ, Mwanza

Love certainly has a way of creating complicated family meetings. Fortunately for you, the legal position may be more encouraging than your relatives suggest. Section 14(1) of the Law of Marriage Act expressly prohibits marriages between certain relatives, including parents and children, grandparents and grandchildren, brothers and sisters, uncles and nieces, and aunts and nephews. Interestingly, cousins are not included in the prohibited relationships. Therefore, the mere fact that the lady is your first cousin does not, by itself, prevent you from marrying her under the Act.

However, your family’s objection raises another issue. Tanzania recognises customary law, and certain communities have traditions prohibiting marriage between cousins. Such customs may influence whether a customary marriage ceremony can be performed and whether the marriage will be accepted within your community. Nevertheless, customary objections do not automatically create an additional statutory prohibition under section 14. The legal effect of any particular custom would need to be considered in light of the Act and the applicable rules governing customary law.

If you are both free to marry, you may consider contracting a civil marriage rather than a customary marriage. However, this does not necessarily mean that your families will accept the union merely because it is legally recognised. Our advice is that you first ensure that there are no other legal impediments and, if possible, engage your families before proceeding.