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Between Custom and Code
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This open access book offers a detailed analysis of how legal perceptions and regulations surrounding marriage changed in Ethiopia from the earliest times of statehood until the fall of the Ethiopian Empire in 1974. Drawing on a wide range of historical and legal sources, the research examines the complex development of Ethiopian family law, with particular emphasis on marriage. The central questions explore the complex relationship between customary law, religious norms, and formal state law in shaping the institution of marriage in Ethiopia. The study assesses the extent to which these various legal traditions complement or contradict one another in the marriage context. It discusses the significance of Ethiopian laws and the 1960 Civil Code, analyzing how they align with or differ from traditional marriage customs. These issues prove particularly significant given Ethiopia’s distinctive historical trajectory. Unlike many other African countries, Ethiopia mostly avoided direct colonial rule, except for a short Italian occupation from 1936 to 1941. Its history has led to notable legal advancement, particularly in law codification, which differs markedly from other post-colonial African countries. Furthermore, the country’s diverse, multicultural, and multi-ethnic composition, with many languages, traditions, and customs, enhances both the complexity and richness of its legal system.
The book highlights marriage as a fundamental social institution that evolves gradually, serving as a useful perspective to examine broader societal and political shifts. The Amhara, as the dominant ethnic group, have significantly influenced marriage customs and Ethiopian laws, with their customary laws gaining considerable importance.
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Zuzanna Augustyniak is an Africanist specialising in Ethiopian studies, with an interdisciplinary approach combining anthropology, history and gender studies. Zuzanna is based at the Faculty of Asian and African Cultures. Her research interests encompass issues of gender and sexuality in African societies, but centering on the Ethiopian society, with a particular focus on masculinity, cultural identity and marriage customs. She also addresses the Ethiopian diaspora, and Christian-Muslim relations.
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