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July 30, 2026Routledge Open ResearchOpen Access

Between Custom and Constitution: Intersectional Bias Against Women in Plural Legal Systems in Nigeria and South Africa

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Authors

JDJane C. Diala

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Overview

Examines institutional bias affecting women in family law across Nigeria and South Africa, highlighting the need for reforms.

Key Points

  • The aim is to explore how the coexistence of customary law and constitutional provisions creates disadvantages for women in Nigeria and South Africa.
  • Analyzed legal cases, including landmark rulings in Nigeria and South Africa.
  • Investigated the impact of intersectional identities on women's rights in family law.
  • Proposed reforms based on findings to enhance equity in legal systems.
  • In Nigeria, judicial rulings have identified constitutional gaps in customary law enforcement, particularly affecting rural, low-income women.
  • In South Africa, progressive legal decisions have advanced gender equality in customary law, yet implementation issues persist.
  • Cultural competency gaps in the legal system hinder the protection of women's rights, necessitating targeted reforms.

Cite This Study

Jane C. Diala (2026) studied this question.

synapsesocial.com/papers/6a6af56d60e2b924d3ea1b9dhttps://doi.org/10.12688/routledgeopenres.21887.1
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1A Part of the Shared: a Comparative Analysis of Plural Marriages Under Customary Law and Women's Rights in Nigeria and South Africa2026
  2. 2Women's Succession and Inheritance Rights in Nigeria: A Contemporary Judicial Response to Gender Discrimination2026
  3. 3Access To Justice In Plural Legal Systems: A Case Study Of Customary And State Law Integration In Sub-Saharan Africa2025
  4. 4LEGAL PROTECTION OF WOMEN'S INHERITANCE RIGHTS IN NIGERIA: CHALLENGES POSED BY CUSTOMARY LAW2026
  5. 5Legal Pluralism in South Africa: The Implications of Co-Existing Customary and Civil Marriages2024