Is customary law still relevant?
Is customary law still relevant?
In the Scandinavian countries customary law continues to exist and has great influence. Customary law is also used in some developing countries, usually used alongside common or civil law.
What is the concept of customary law?
Customary law is a set of customs, practices and beliefs that are accepted as obligatory rules of conduct by indigenous peoples and local com- munities. Customary law forms an intrinsic part of their social and economic systems and way of life.
How can customary law be proved?
The proof of customary law in court is governed by the copious provision of Section 16 of the Evidence Act 2011. The summary of the Act therefore is a customary law can either be proved by direct evidence to establish its existence or by established judicial notice.
What is Nigeria customary law?
Customary law is the law that captures the norms, traditions and rules of behaviour of the people. The topic is discussed under six sub-heads, namely: Introduction; conceptual analysis; application of customary law in Nigeria; customary law and justice; customary law and arbitration; and conclusion.
How does customary law function in the tribal society?
There is no universally accepted definition of a customary law. It can be described as a set of rules through which a tribe practises its culture and expresses its worldview. These norms thus restrain their pattern of behaviour and regulate the social, cultural and religious aspects of the individual and the family.
What are the features of customary law?
One of the striking characteristics of customary law is that, it is totally unwritten. What this means is that, customary laws are not contained in a single document. For instance, the customary law of a particular village can be that only male children are allowed to inherit the estate of their fathers.
How is customary law enforced in Nigeria?
By a long line of judicial authorities, customary arbitration is valid and enforceable in Nigeria if it meets the threshold for validity set by the Courts30.
What were some of the customary rights enjoyed by the tribal?
Answer: what were some of the customary rights enjoyed by tribes tribals (a) Birsa Munda ‘avoured the Imposition oi British rule. (b)The British adopted a lenient View towards tribal uprisings. (c)The people of Assam resented the imposition of house tax.
Is customary marriage legal in Nigeria?
It is regulated by the Native Law and Custom, making it completely legal in terms of the law in Nigeria. The biggest controversy surrounding customary law marriages is that there isn’t any age restriction.
What are the features of customary law in Nigeria?
SALIENT CHARACTERISTICS OF CUSTOMARY LAWS Customary law has several features which include inter alia: 1 It is largely unwritten 2 It is accepted as binding in the society. 3 It differs from tribe to tribe i.e. it is not uniform 4 It must be in existence at the material time.
What are the features of Nigeria customary law?
