Reflecting on the Legal Discord between Civil and Customary Marriages: A Study of Polygamous Marriages Influenced by African Spirituality in South Africa

Abstract

South Africa is a secular state that recognizes and accepts both religious and African spiritual practices. The marriage regimes in South Africa acknowledge various types of marriages, including civil and customary marriages. It is well-established that civil marriages strictly permit only two individuals to marry, whereas customary marriages may allow for two or more individuals to enter into a polygamous arrangement. A traditional healer may begin their marriage as a civil marriage and later transition into a polygamous marriage. In such a polygamous arrangement, the traditional healer may be guided by the Amadlozi, or Ancestors, to take multiple wives. In this context, this paper explores the relationship between Amadlozi and polygamy. It also investigates the extent to which the Amadlozi approve of polygamy. Furthermore, the paper examines spiritual guidance related to polygamous arrangements. Lastly, it discusses the cultural significance and spiritual evolution of the Amadlozi within the framework of contemporary customary marriages.

Presenters

Konanani Happy Raligilia
Senior Lecturer, Jurisprudence, University of South Africa, Gauteng, South Africa

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Religious Community and Socialization

KEYWORDS

AMADLOZI, CIVIL, CUSTOMARY, POLYGAMY, AFRICAN, SPIRITUALITY, HEALERS