{UAH} IF I AGREE TO DO A CHURCH MARRIAGE AT THE KWANJULA, THEN CHANGE MY MIND DOES IT INVALIDATE MY MARRIAGE?

IF I AGREE TO DO A CHURCH MARRIAGE AT THE KWANJULA, THEN CHANGE MY MIND DOES IT INVALIDATE MY MARRIAGE?

Harold and Nabunya were adults and in so deep in love. To solidify their love, they decided to have a beautiful Kwanjula. So, they went for a Kwanjula. However, during Reverend Sekitoleko's speech (Nabunya's father) stated that he would only give his final blessing if Harold 'did' Kwanjula and thereafter took his daughter to church. Harold was burning with love and agreed immediately with this when giving a speech with his 'new' wife.

A few months down the road, Nabunya became pregnant with twins. Harold asked himself why he should have a church marriage ceremony yet it has many expenses. Nanti, after church, people expect to eat food at a wedding reception. The cost for decoration, transport, reception venue, and food was scary. So, he decided that instead of spending all that money on just one day, why not use that money to take care of his expectant wife and twins?

Nabunya's father got wind of this and he was very furious. He informed all the clan members and Harold's family that since Harold had refused to go ahead with the church marriage ceremony he no longer recognized the marriage between Harold and his daughter Nabunya. He ordered his daughter Nabunya to 'come back home' as she is an unmarried woman 'living in sin'.

Does refusing to get married in church invalidate a customary marriage?

CAN NABUNYA'S FATHER CANCEL THE MARRIAGE?

Unfortunately for Nabunya's father, he does not have the power to invalidate the marriage between Nabunya and Harold.

A church marriage and a customary marriage (called "Kwanjula' in certain societies) are two different types of marriage. A customary marriage is a legal marriage under the laws of Uganda carried out under the customs of society (such as the tribes in Uganda). Most customs in Uganda require dowry to be paid while the laws of Uganda ask that the couple should be above the age of 18 years and of sound mind. If this is done, then marriage is valid under the law.

ON WHAT GROUNDS CAN HAROLD AND NABUNYA'S MARRIAGE BE INVALIDATED?

• if Harold and Nabunya are related to each other by blood for example father, mother, sister, brother, cousins e.t.c.
• if one of the parties is already married monogamously (already married through church or civil marriage). Harold and Nabunya have not even been married before so this would also not suffice.

Basing on the above, Nabunya father's condition would not be adequate to invalidate the customary marriage because this is not a condition for validity of customary marriage and failure to convert one form marriage to another form of marriage cannot be a reason to cancel the marriage. That said, Harold and Nabunya are legally married in the eyes of the law so Nabunya's father cannot order her to go back home because this would mean she is deserting her husband.

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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)

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