Legal Pluralism and Women's Rights: A Study in Postcolonial Tanzania

This article looks as Tanzania as a case study for the problems that arise when a multi-cultural society adopts a pluralistic legal system. In 1971, legislative changes in Tanzania made it so that rules governing marriage, divorce, property ownership, and alimony differ significantly depending on an individual's residence and religion. After an examination of the differences between the various legal systems, the author cautions that antagonism toward the current system may not result in change but rather opposition from local communities, putting individuals in the unenviable position of choosing between their rights and social belonging. Instead, a "transformative accommodation" model of joint governance is recommended, where traditional law is not wholly renounced but is overridden where it conflicts with internationally recognized rights. The article suggests that further unification is necessary to ensure equality and human rights are protected within this pluralistic system.