major recommendations is to adopt eighteen years as the minimum age for marriage for
both females and males (at present women can get married at 15).
Despite the law above, it is not an offence for a person of African or Asiatic descent it is
not an offence to marry or permit the marriage of a girl under twelve years if it takes
place according to the customs of the tribe and it is not intended that the marriage is
consummated before the girl attains the age of twelve. In Zanzibar there two laws
governing marriages and their registration. In the first the Cap 91 Marriage and Divorce
(Muslim) Registration Decree) there is no minimum age for marriage provided. In the
second the Cap 92 Marriage (Solemnisation and Registration) Decree the minimum age is
twenty one years for both parties.
Law of inheritance and succession - Over the years, the Government has been urged by
NGOs and scholars to repeal the law relating to inheritance and succession67 which
upholds universal patrilineal principles of inheritance through male descendants. The law
denies women and girl children their inheritance. Currently the Women’s Legal Aid
Centre (WLAC) has instituted a petition (No. 82 of 2005) to the High Court of Tanzania
challenging the constitutionality of the law.
Bride price - Bride price is not a prerequisite for a valid marriage in Tanzania However,
for some families, this practice is a means of economic gain and results in forcing
daughters into early marriages. There are no studies on the extent of this practice in
relation to early or child marriages in Tanzania.
Children who need special protection
Article 26
Children living in the streets - Children living in the streets require special protection.
They are among the most vulnerable children, as discussed in Article 20.2 of this report.
While limited research has been conducted to discern the magnitude of the problem,
67
Local Customary Law (Declaration) Order 1963 the Second Schedule G.N. No. 436
72