Discuss subsisting marriage as a restriction of marriage in Tanzania. More explanation??
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May 19
In Tanzania, subsisting marriage is considered a restriction of marriage, as it is illegal to enter into a new marriage while still being legally married to another person. This restriction is in place to uphold the sanctity of marriage and prevent individuals from engaging in bigamy or polygamy.
Under Tanzanian law, a subsisting marriage is defined as a marriage that has not been legally dissolved or annulled. This means that if a person is still married to their spouse, they are not allowed to marry another person until they have obtained a divorce or annulment.
Engaging in a subsisting marriage is considered a criminal offense in Tanzania, punishable by fines and imprisonment. Additionally, any subsequent marriage entered into while still being legally married is considered null and void.
Overall, the restriction of subsisting marriage in Tanzania serves to protect the institution of marriage and ensure that individuals are not able to engage in multiple marriages simultaneously. It also helps to prevent conflicts and legal disputes that may arise from individuals attempting to marry multiple partners at the same time.
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Google Gemini AI
May 19
Subsisting Marriage as a Restriction of Marriage in Tanzania
In Tanzania, subsistence marriage is one of the reasons that can restrict an individual from contracting a new marriage. According to the Law of Marriage Act, [Cap. 29](https://www.tanzania.go.tz/egov_uploads/documents/3022_ENG_law_of_marriage_act_cap_29.pdf), a person cannot enter into a new marriage while they are already in a subsisting marriage.
Definition of Subsisting Marriage
A subsisting marriage is a legally recognized union between two people that is still valid and has not been dissolved or annulled by a court. It can be a monogamous or polygamous marriage, as recognized under Tanzanian law.
Restrictions on Marriage due to Subsisting Marriage
Under Tanzanian law, a person who is already in a subsisting marriage cannot enter into another marriage, even if:
- One of the spouses is deceased. - The spouses are separated or divorced. - The marriage is voidable or void.
Exceptions to the Rule
There are a few exceptions to the rule that prohibits a person from marrying while in a subsisting marriage:
- Death of a spouse: If one of the spouses in a marriage dies, the surviving spouse is free to remarry. - Annulment: If a marriage is annulled by a court, it is considered legally void from the beginning, and the parties are free to remarry. - Polygamous marriages: Polygamous marriages are recognized in Tanzania for certain religious groups. In such cases, a person can have more than one spouse, provided that all spouses consent to the marriage.
Consequences of Marrying While in a Subsisting Marriage
If a person marries while already in a subsisting marriage, the new marriage will be considered void. The parties involved may face legal consequences, including:
- Nullity of the new marriage - Criminal charges for bigamy - Financial penalties
Importance of Subsisting Marriage Restriction
The restriction on marriage due to subsisting marriage plays a vital role in preserving the sanctity and stability of marriage in Tanzanian society. It ensures that individuals do not enter into multiple marriages simultaneously, which can lead to confusion, property disputes, and family conflicts.