Arnold, Josephine (2014) Women and the Right to Property on Divorce: A Critical Analysis of the Division of Matrimonial Property Rights upon Divorce: A Case Study of Ilala District Court in Dar es Salaam, Tanzania. Masters thesis, University of Zimbabwe.
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Abstract
This paper provides the summary of what the research was about and the finding of a study carried out in Ilala District Court in Dar Es Salaam Tanzania on women and the right to property on divorce: A critical Analysis of the Division of matrimonial property rights upon divorce. It further seeks to analyze the legal position of women under the Tanzanian Law of Marriage Act and to facilitate amendment of section 114(2) (b) to include clear guidelines on the division of matrimonial property pursuant to their non monetary contributions on divorce The main objectives of the study were: To analyze the legal position of women under the Tanzanian Law of Marriage Act and to facilitate amendment of section 114(2)(b) to include clear guidelines on the division of matrimonial property pursuant to their non monetary contributions on divorce. To suggest useful recommendations aimed at assisting women get their property rights upon divorce. In order to analyze the legal position of women in relation to division of matrimonial property upon divorce; I had to employ various research methodologies during the study such as women’s law approach, grounded theory, human rights approach, legal centralism approach, feminist legal perspective, sex and gender analysis, actors and structures approach. Methods used during the study in collecting data include experiential data, individual in-depth interviews and court and TAWLA records The findings of the research included; women’s lived realities on divorce and division of matrimonial assets including; factors like lack of knowledge and awareness on their rights, economic factors, fear and stigma from the society, quantification problems by women on their monetary and non monetary contribution in relation to the acquisition of the assets in question, the role of the court when adjudicating matrimonial property claims and the role of the TAWLA as a vibrant women rights organization within the Ilala District.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | H Social Sciences > HQ The family. Marriage. Woman K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Geoffrey Obatsa |
| Date Deposited: | 19 Jan 2018 13:56 |
| Last Modified: | 19 Jan 2018 13:56 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/3143 |
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