ANALYSIS OF THE PROHIBITION OF SAME SEX MARRIAGE UNDER NIGERIAN LAW


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TABLE OF CONTENT

Title Page
Table of Abbreviation
Table of Cases
Table of Statute
Table of Content
Abstract

CHAPTER ONE
GENERAL INTRODUCTION
1.1       Background to the Research
1.2       Statement of the Research problem
1.3       Research Questions
1.4       Aim and Objectives of the Research
1.5       Significant of the Research
1.6       Scope of the Research
1.7       Research Methodology
1.8       Literature Review
1.9       Chapters Outline

CHAPTER TWO
CONCEPTUAL DISCOURSE ON MARRIAGE
2.1       Introduction
2.2       Meaning of Marriage
2.3       Types of Marriages
2.4       Marriages under Nigerian Laws
2.4.1    Statutory Law Marriages in Nigeria
2.4.1.1 What Constitutes Statutory Marriage in Nigeria
2.4.2    Customary Law Marriages in Nigeria
2.4.2.1 Prerequisites of marriage under native law and custom
2.4.2.2 Types of customary marriages in Nigeria
2.4.3    Islamic Law Marriage
2.4.3.1 The Concept/Meaning of marriage under Islamic Law
2.4.3.2 Purpose and Obligation of Marriage under Islam
2.4.3.2 Types of Islamic Marriage
2.5       Obligations of parties under marriage
2.6       Some vital elements Common to all marriages in Nigeria

CHAPTER THREE
PROHIBITION OF SAME SEX MARRIAGE UNDER NIGERIAN LAW
3.1       Introduction
3.2       Concept of same sex marriage
3.3       The Same Sex Marriage Prohibition Act 2013
3.3.1    The Penal Provisions of the Act
3.3.2    What constitutes the offence of Same Sex Marriage
3.4       The Rationale for the prohibition of same sex marriage in Nigeria
3.5       Same sex marriage under Islamic law
3.6       Same Sex Marriage under Native Law and Custom
3.6.1 The Concept of Same Sex Marriage under Nigeria Customary Law
3.6.2    The Nature and Form of woman to woman marriage
3.6.3    Woman-To-Woman Marriage and Lesbianism
3.6.4    Justification for Woman To Woman Marriage
3.6.5    The Legal Position
3.6.6    The Position of Female Husband Marriages in the Light of Same Sex Marriage Prohibition Act
3.6.7    Repugnancy Test Analysis
3.7       Adoptions as Unacceptable Option to Childlessness under Islamic and Customary Laws

CHAPTER FOUR
THE CHALLENGES OF ENFORCEMENT
4.1Introduction
4.2       Nigerian Same Sex Marriage Prohibition Act Vis -a-Vis the Human Right Position
4.3       The Same Sex Marriage prohibition Act Vis-à-vis the Constitutional Rights
4.3.1    Freedom of Expression
4.3.2    Freedom of Association and Liberty
4.3.3    Rights against Any Form of Discrimination
4.4       The Same Sex Prohibition Act and the International Laws
4.5       Law, Morality and Culture in the light of human right same sex arguments
4.5.1    Same sex as a Civil Right
4.5.2    Same Sex Civil Rights to adopt Children
4.6       Abuse as a Challenge towards Enforcement of Same Sex Marriage Prohibition Act

CHAPTER FIVE
SUMMARY AND CONCLUSION
5.1Summary
5.2       Findings
5.3       Recommendation
            Bibliography



ABSTRACT


Marriage as an institution has been for ages the image of unity despite differences in culture, religion and civilization, and to some extent, has reflected the belief that neither man nor woman is perfect or complete without the other. This institution of marriage is today under serious attack from many quarters such that any keen observer can discern in the secular mentality of the contemporary world, an effort to undermine its natural and religious meaning. The meaning of Marriage is today being distorted to include same sex relationships. In view of this, a law has been passed in Nigeria to protect marriage as a union of a man and a woman; thus banning, prohibiting and criminalizing all forms of same sex marriages in Nigeria. This research examines the meaning of the concept

‗Marriage‘ distinguishing it from other types of marriages ‗in quote‘ including ‗same sex marriage‘ trying to analyze the implication of redefining Marriage as a union of two

Persons; analyzing the essential elements / ingredients of these marriages as well as the likely implications if accepted as marriages in Nigeria. In the course of making these analyses, the researcher took cognizance of the challenges likely to impeach the enforcement of the same sex marriage prohibition Act considering the position of the human right activists as well as other human right laws applicable to Nigeria. The researcher thus discovered that there are some lacunas in the Act as it failed to spell out in clear terms the necessary ingredients of what constitutes the offence of same sex, thereby creating opportunity for possible abuse of people‘s rights. Thus the researcher recommends that the Act be amended to fill up the loopholes and that the ban against same sex marriage in Nigeria be more strengthened by reflecting the definition of marriage as a union between a man and a woman in the constitution by amending item 61 of part 1 of the second schedule to the Constitution.




CHAPTER ONE


GENERAL INTRODUCTION


1.1              Background to the Research


Marriage as an institution has been for centuries the image of unity despite differences in culture, religion and civilization, and to some extent, has reflected the belief that neither man nor woman is perfect or complete without the other. Marriage as an institution1 is established by God the creator in both the holy Bible and holy Quran as a union of a man and a woman. The Bible in Genesis 2:21-24 made us to understand that a woman was created from the rib of a man which explains the reason why man is so attached to his wife2. A similar provision also exists in the holy Quran as we find in Qur'an 4:1: "O humankind! Be conscious of your Lord Who created you from a single soul, and out of it created its mate, and out of the two spread countless men and women. Be conscious of your Lord through Whom you demand your mutual rights and honor the wombs; God always watches over you."3 The marriage institution seems to be the largest institution in the world because of its universal nature. It also contributes to the well being of the rest of other institutions of the country including the Government. This institution is established to ensure the fiscal and legal protection of families.

The institution of marriage is today under serious attack from many quarters such that any keen observer can discern in the secular mentality of the contemporary world, an effort to undermine its natural and religious meaning. The identity of the family as a natural institution based on the valid marriage of a legally qualified man and woman, for the attainment of the universally recognized noble marital ends is today being distorted. Many countries of the world......


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