Religious, customary marriage, and legal boundaries : navigating between recognition and effective implementation in Ivorian family law

Abstract

Religious, cultural, and ethnic diversity are intrinsic to humanity, and their harmonization is a central topic of intellectual debate. Since its independence, Ivory Coast has implemented a family law that ignores these aspects, creating a gap between the legislation and the matrimonial practices of Ivorians. This research argues that Ivory Coast must adopt a pluralistic legal system within its civil code to better reflect the diversity of its population. To achieve this goal, we used socio-legal theory to examine the interaction between law and society, collecting data from administrative documents, articles, and interviews with participants from religious and customary structures. The findings are as follows: First, the exclusion of religious and customary marriages since independence is due to various factors, such as the colonial legacy of the constitution, the founding president’s vision of unity, administrative challenges, international human rights agreements, and a societal reality that hinders the integration of these marriages. Second, establishing a pluralistic system in family law poses administrative challenges, but this can be overcome through close collaboration between legislators and experts in religious jurisprudence, as well as through the involvement of customary leaders. Finally, the interviews revealed the urgent need to revise Ivorian family law to better represent the country’s ethnic, religious, and cultural diversities. This research therefore proposes to adopt a pluralistic system that takes this diversity into account. It offers new perspectives for religious, customary, and legislative practitioners to find solutions to the recognition of religious and customary marriages. For future research, we recommend adopting a mixed methodology to more precisely identify these marriages, conducting empirical research among institutions and the population, as well as comparative studies between Ivory Coast and other countries. These studies could help authorities envision a pluralistic legal system that protects the rights of all Ivorian citizens.