In love with mother-in-law
I am a 35 year old man and my mother-in-law is a 40 year old woman. Over time we have become very close and comfortable with each other. I now want to leave my wife so I can marry her mother. I have heard that incest is a criminal offence in Tanzania. Will divorcing my wife and marrying my mother-in-law or having relations with her get me in trouble with the law? Please advise.
JW, Morogoro
We have been responding to questions from the public for over a decade. However, nothing has baffled us like the question you have asked.
Strictly speaking, the law prohibiting incest does not include relations with in laws. The Penal Code [Cap.16 R.E. 2022] (the Penal Code) provides that having sexual relations with one’s family relations such as mother, daughter, sister or grandmother is strictly prohibited. Section 158(1) of the Penal Code provides that any male person who has prohibited sexual intercourse with a female person, who is to his knowledge his granddaughter, daughter, sister or mother, commits the offence of incest. Based on the above you will not be committing incest.
Much as having a relationship with your mother-in-law will not amount to incest, you cannot legally marry your mother-in-law as such type of relation is prohibited under the Law of Marriage Act [Cap. 29 R.E. 2019]. Section 14(2) of this law states that no person shall marry the grandparent or parent, child or grandchild of his or her spouse or former spouse. Further section 149 states that any person who is a party to a ceremony purporting to be in marriage where the parties are within the prohibited relationships shall be guilty of an offence, and shall be liable on conviction to imprisonment for a term not exceeding 2 years. Hence if you proceed to marry your mother-in-law, both you and your mother-in-law, and anyone else who participates in such a marriage ceremony, will go to jail for up to 2 years.
We recommend that you seek professional help or other relevant therapy. Your counsellor or lawyer can guide you further.
