An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania

Abdulrahman Omari Juma Kaniki

doi:doi:10.11648/j.ijls.20250804.14

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An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania

Abdulrahman Omari Juma Kaniki^*

Published in International Journal of Law and Society (Volume 8, Issue 4)

Received: 3 October 2025 Accepted: 22 October 2025 Published: 3 December 2025

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Abstract

Efforts should be made to ensure that marriage is salvaged. It is in this understanding that the Law of Marriage Act provides for the Marriage Conciliation Boards (MCBs) whose main role is to conciliate spouses of shaking marriages. That is why the law provides that all divorce proceedings should be preceded by conciliation before MCBs. It is only when the MCBs fail to conciliate the parties to the marriages that courts are invited to dissolve such marriages. In view of this requirement, this paper seeks to analyse the legal and institutional framework on MCBs in Tanzania. The study employed a doctrinal research whereby various sources were reviewed and analysed. They included text books, peer-reviewed journals, official reports, statutes, subsidiary legislation and case-law. In the course of analysis, a number of decisions of the High Court and Court of Appeal of Tanzania are cited to show proper interpretation of relevant provisions of the Law of Marriage Act. It is only in instances where the court is satisfied that there are extraordinary circumstances which make reference to the Board impracticable that matrimonial disputes go straight to court seeking for petition for divorce. The study identifies some challenges that affect effective operation of MCBs as envisaged by the law. They include lack of training and adequate skills to members of the boards and married, spouses opting for improper fora, handling of matrimonial cases by petitioners and lawyers, and inadequate skills by judicial officers of lower courts. The paper finds that MCBs are very important in bringing estranged spouses together through conciliation and that it only where a marriage has irretrievably broken down then courts of law are invited to entertain divorce proceedings. Thus, the following recommendations are made with the view to improving operationalisation of MCBs: the need for legal education to members of the public, strengthening legal-institutional capacity of members of MCBs and needed training for magistrates on legal-institutional framework governing matrimonial matters.

Published in	International Journal of Law and Society (Volume 8, Issue 4)
DOI	10.11648/j.ijls.20250804.14
Page(s)	309-319
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2025. Published by Science Publishing Group

Keywords

Marriage, Disputes, Conciliation, Boards, Divorce

References

[1]	Mukono, M., “Divorce Law in Kenya: In Support of a Uniform No-Fault Regime”, Strathmore Law Review (SLR), (2022) Volume 7, Issue 1, p. 161-183, p. 163.
[2]	Kumar, R. and Saxena, N., “Revolutionising Matrimonial Justine: The Case for Implementing ODR in India”, Educational Administration: Theory and Practice, 2023, 29(9), pp. 4875 4784, p. 4875.
[3]	Salehi, F. et al., “A Review of Intervention Approaches in Marital Conflicts”, KMAN Counseling and Psychology Nexus, (2025) 3, pp. 1-11, p. 1.
[4]	Parkinson, L., Conciliation in Separation and Divorce: Finding Common Ground, Croom Helm, London, 1986, p. 52.
[5]	Mnyukwa, M. S. and Kiwango, A. A, “Division of Matrimonial Assets after Divorce: A Feminist Theoretical Standpoint vis a vis Tanzanian Law”, IJA Journal, Volume II, Issue No. I, November 2019, pp. 74-88, p. 78.
[6]	Omari, F. M., “Legal and Institutional Framework Governing Marriage Conciliation in Tanzania”, International Journal of Law Management & Humanities, (2024) Vol. 7 Iss. 5, pp. 1305-1317, pp. 1309-1310.
[7]	Smith, L., “Family Law for Family Life: Rethinking the Boundaries of Family Law”, Current Legal Problems, (2025), pp. 1-36, p. 1.
[8]	Zain, N. et al., “A Qualitative Study on Marriage Reconciliation Process Under Marriage Tribunal in Malaysia”, World Applied Sciences Journal (2017) 35 (12), pp. 2608-2613, p. 2608.
[9]	Rwezaura, B. A., “The Integration of Personal Laws”, Zimbabwe Law Review, Vol 1&2, 1983-4, p. 85, at p. 91.
[10]	Binamungu, C., “A Competent Matrimonial Case in Tanzania Mainland: Lessons from Recent High Court Decisions”, The Tanzania Lawyer: Journal of the Tanganyika Law Society, 2018 (1) 1, pp. 65-99, p. 67.
[11]	Wako, S. A., “An Assessment of the Marriage and Divorce Commission Report in Kenya”, Journal of the Denning Law Society, University of East Africa, Dar es Salaam, Vol 2, No 2, 1969, p. 73, at p. 82.
[12]	Alphonce, J. and Binamungu, C., “Settlement of Matrimonial Disputes through Marriage Conciliation Boards in Mainland Tanzania: Critical Examination of the Law and Practice Governing Communal Boards”, Journal of Contemporary African Legal Studies: Volume 1, Issue 2, 2023, pp. 1-18, p. 4.
[13]	Rwezaura, B. A., “Recent Cases and Conflicts: A Short Study of The New Tanzanian Divorce Law'”, Dar es Salaam University Law Journal, Vol. 6, 1977, p. 71, at p. 81.
[14]	Alphonce, J. et al., “Factors Hindering Couples from Accessing Marriage Conciliation Boards in Mainland Tanzania”, Journal of African Law, Volume 66 Issue 3, October 2022, pp. 439 - 464, p. 439.

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Kaniki, A. O. J. (2025). An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania. International Journal of Law and Society, 8(4), 309-319. https://doi.org/10.11648/j.ijls.20250804.14

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Kaniki, A. O. J. An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania. Int. J. Law Soc. 2025, 8(4), 309-319. doi: 10.11648/j.ijls.20250804.14

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Kaniki AOJ. An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania. Int J Law Soc. 2025;8(4):309-319. doi: 10.11648/j.ijls.20250804.14

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@article{10.11648/j.ijls.20250804.14,
  author = {Abdulrahman Omari Juma Kaniki},
  title = {An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania
},
  journal = {International Journal of Law and Society},
  volume = {8},
  number = {4},
  pages = {309-319},
  doi = {10.11648/j.ijls.20250804.14},
  url = {https://doi.org/10.11648/j.ijls.20250804.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20250804.14},
  abstract = {Efforts should be made to ensure that marriage is salvaged. It is in this understanding that the Law of Marriage Act provides for the Marriage Conciliation Boards (MCBs) whose main role is to conciliate spouses of shaking marriages. That is why the law provides that all divorce proceedings should be preceded by conciliation before MCBs. It is only when the MCBs fail to conciliate the parties to the marriages that courts are invited to dissolve such marriages. In view of this requirement, this paper seeks to analyse the legal and institutional framework on MCBs in Tanzania. The study employed a doctrinal research whereby various sources were reviewed and analysed. They included text books, peer-reviewed journals, official reports, statutes, subsidiary legislation and case-law. In the course of analysis, a number of decisions of the High Court and Court of Appeal of Tanzania are cited to show proper interpretation of relevant provisions of the Law of Marriage Act. It is only in instances where the court is satisfied that there are extraordinary circumstances which make reference to the Board impracticable that matrimonial disputes go straight to court seeking for petition for divorce. The study identifies some challenges that affect effective operation of MCBs as envisaged by the law. They include lack of training and adequate skills to members of the boards and married, spouses opting for improper fora, handling of matrimonial cases by petitioners and lawyers, and inadequate skills by judicial officers of lower courts. The paper finds that MCBs are very important in bringing estranged spouses together through conciliation and that it only where a marriage has irretrievably broken down then courts of law are invited to entertain divorce proceedings. Thus, the following recommendations are made with the view to improving operationalisation of MCBs: the need for legal education to members of the public, strengthening legal-institutional capacity of members of MCBs and needed training for magistrates on legal-institutional framework governing matrimonial matters.
},
 year = {2025}
}

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TY  - JOUR
T1  - An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania

AU  - Abdulrahman Omari Juma Kaniki
Y1  - 2025/12/03
PY  - 2025
N1  - https://doi.org/10.11648/j.ijls.20250804.14
DO  - 10.11648/j.ijls.20250804.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 309
EP  - 319
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20250804.14
AB  - Efforts should be made to ensure that marriage is salvaged. It is in this understanding that the Law of Marriage Act provides for the Marriage Conciliation Boards (MCBs) whose main role is to conciliate spouses of shaking marriages. That is why the law provides that all divorce proceedings should be preceded by conciliation before MCBs. It is only when the MCBs fail to conciliate the parties to the marriages that courts are invited to dissolve such marriages. In view of this requirement, this paper seeks to analyse the legal and institutional framework on MCBs in Tanzania. The study employed a doctrinal research whereby various sources were reviewed and analysed. They included text books, peer-reviewed journals, official reports, statutes, subsidiary legislation and case-law. In the course of analysis, a number of decisions of the High Court and Court of Appeal of Tanzania are cited to show proper interpretation of relevant provisions of the Law of Marriage Act. It is only in instances where the court is satisfied that there are extraordinary circumstances which make reference to the Board impracticable that matrimonial disputes go straight to court seeking for petition for divorce. The study identifies some challenges that affect effective operation of MCBs as envisaged by the law. They include lack of training and adequate skills to members of the boards and married, spouses opting for improper fora, handling of matrimonial cases by petitioners and lawyers, and inadequate skills by judicial officers of lower courts. The paper finds that MCBs are very important in bringing estranged spouses together through conciliation and that it only where a marriage has irretrievably broken down then courts of law are invited to entertain divorce proceedings. Thus, the following recommendations are made with the view to improving operationalisation of MCBs: the need for legal education to members of the public, strengthening legal-institutional capacity of members of MCBs and needed training for magistrates on legal-institutional framework governing matrimonial matters.

VL  - 8
IS  - 4
ER  -

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Abdulrahman Omari Juma Kaniki

Faculty of Law, Catholic University of Mbeya, Mbeya, The United Republic of Tanzania

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APA Style

Kaniki, A. O. J. (2025). An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania. International Journal of Law and Society, 8(4), 309-319. https://doi.org/10.11648/j.ijls.20250804.14

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ACS Style

Kaniki, A. O. J. An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania. Int. J. Law Soc. 2025, 8(4), 309-319. doi: 10.11648/j.ijls.20250804.14

Copy | Download

AMA Style

Kaniki AOJ. An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania. Int J Law Soc. 2025;8(4):309-319. doi: 10.11648/j.ijls.20250804.14

Copy | Download

@article{10.11648/j.ijls.20250804.14,
  author = {Abdulrahman Omari Juma Kaniki},
  title = {An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania
},
  journal = {International Journal of Law and Society},
  volume = {8},
  number = {4},
  pages = {309-319},
  doi = {10.11648/j.ijls.20250804.14},
  url = {https://doi.org/10.11648/j.ijls.20250804.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20250804.14},
  abstract = {Efforts should be made to ensure that marriage is salvaged. It is in this understanding that the Law of Marriage Act provides for the Marriage Conciliation Boards (MCBs) whose main role is to conciliate spouses of shaking marriages. That is why the law provides that all divorce proceedings should be preceded by conciliation before MCBs. It is only when the MCBs fail to conciliate the parties to the marriages that courts are invited to dissolve such marriages. In view of this requirement, this paper seeks to analyse the legal and institutional framework on MCBs in Tanzania. The study employed a doctrinal research whereby various sources were reviewed and analysed. They included text books, peer-reviewed journals, official reports, statutes, subsidiary legislation and case-law. In the course of analysis, a number of decisions of the High Court and Court of Appeal of Tanzania are cited to show proper interpretation of relevant provisions of the Law of Marriage Act. It is only in instances where the court is satisfied that there are extraordinary circumstances which make reference to the Board impracticable that matrimonial disputes go straight to court seeking for petition for divorce. The study identifies some challenges that affect effective operation of MCBs as envisaged by the law. They include lack of training and adequate skills to members of the boards and married, spouses opting for improper fora, handling of matrimonial cases by petitioners and lawyers, and inadequate skills by judicial officers of lower courts. The paper finds that MCBs are very important in bringing estranged spouses together through conciliation and that it only where a marriage has irretrievably broken down then courts of law are invited to entertain divorce proceedings. Thus, the following recommendations are made with the view to improving operationalisation of MCBs: the need for legal education to members of the public, strengthening legal-institutional capacity of members of MCBs and needed training for magistrates on legal-institutional framework governing matrimonial matters.
},
 year = {2025}
}

Copy | Download

TY  - JOUR
T1  - An Analysis of the Legal and Institutional Framework on Marriage Conciliation Boards in Tanzania

AU  - Abdulrahman Omari Juma Kaniki
Y1  - 2025/12/03
PY  - 2025
N1  - https://doi.org/10.11648/j.ijls.20250804.14
DO  - 10.11648/j.ijls.20250804.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 309
EP  - 319
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20250804.14
AB  - Efforts should be made to ensure that marriage is salvaged. It is in this understanding that the Law of Marriage Act provides for the Marriage Conciliation Boards (MCBs) whose main role is to conciliate spouses of shaking marriages. That is why the law provides that all divorce proceedings should be preceded by conciliation before MCBs. It is only when the MCBs fail to conciliate the parties to the marriages that courts are invited to dissolve such marriages. In view of this requirement, this paper seeks to analyse the legal and institutional framework on MCBs in Tanzania. The study employed a doctrinal research whereby various sources were reviewed and analysed. They included text books, peer-reviewed journals, official reports, statutes, subsidiary legislation and case-law. In the course of analysis, a number of decisions of the High Court and Court of Appeal of Tanzania are cited to show proper interpretation of relevant provisions of the Law of Marriage Act. It is only in instances where the court is satisfied that there are extraordinary circumstances which make reference to the Board impracticable that matrimonial disputes go straight to court seeking for petition for divorce. The study identifies some challenges that affect effective operation of MCBs as envisaged by the law. They include lack of training and adequate skills to members of the boards and married, spouses opting for improper fora, handling of matrimonial cases by petitioners and lawyers, and inadequate skills by judicial officers of lower courts. The paper finds that MCBs are very important in bringing estranged spouses together through conciliation and that it only where a marriage has irretrievably broken down then courts of law are invited to entertain divorce proceedings. Thus, the following recommendations are made with the view to improving operationalisation of MCBs: the need for legal education to members of the public, strengthening legal-institutional capacity of members of MCBs and needed training for magistrates on legal-institutional framework governing matrimonial matters.

VL  - 8
IS  - 4
ER  -

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