Zimbabwe continues to navigate the intersection of culture, constitutional rights and evolving family structures, with growing calls for customary marriages to receive the same legal recognition as civil unions.
At the center of the debate is the argument that culture and human rights should complement not contradict each other in strengthening families and communities.
In an interview with NewsDay Life & Style, Dzimbahwe Institute of Heritage and Culture executive director Milcah Maigurira said formal recognition of customary marriages could protect women and children who often become vulnerable when relationships collapse or spouses die.
Maigurira said many Zimbabweans continue to marry traditionally, yet such unions frequently remain undocumented, creating legal uncertainty around inheritance, maintenance and property ownership.
“Our motivation is justice and clarity,” she said. “Millions of Zimbabweans enter customary unions, yet these unions exist in a legal shadow. When a husband dies or a couple separates, women and children often cannot access inheritance, maintenance or property rights because the state does not fully recognize their marriage.
“Recognition on par with civil marriages is not about eroding tradition. It is about ensuring tradition offers the same dignity and protection as the law.”
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The proposal comes as Zimbabwe intensifies conversations around sexual and reproductive health rights (SRHR), gender equality and the eradication of gender-based violence (GBV).
Maigurira argued that granting customary marriages formal legal standing would improve access to justice for women trapped in abusive relationships by ensuring domestic violence cases arising within such unions are treated with the same seriousness as those involving civil marriages.
“Formalization creates a legal footprint,” she said. “Right now, a woman in a customary union may be told by a police officer, ‘Go back to your in-laws; you are not legally married.’
“With formal recognition, abuse in a customary marriage becomes a documented, prosecutable offense under the Domestic Violence Act. It also removes the ‘private sphere’ excuse — domestic violence is no longer a family matter, but a public crime.”
Central to the proposal is a recommendation that trained traditional chiefs and leaders be recognized as marriage officers operating within a regulated legal framework.
Maigurira said chiefs already hold social legitimacy in many communities and could help bridge the gap between customary practices and modern law if properly trained in constitutional rights, consent, mediation and child protection.
“We envision traditional leaders as first-line guardians of marriage integrity,” she said. “They would undergo a state-accredited training module covering constitutional law on consent and age, GBV identification and referral, mediation, and registration procedures.
“Their role would focus on conflict prevention and cultural education, not replacing magistrates or courts.”
The proposal also seeks to modernize customary marriage administration through simplified registration systems linked to national records. Under the framework, couples would receive legally recognized customary marriage certificates carrying the same weight as civil marriage documents.
Maigurira stressed that the reforms would apply strictly to consenting adults aged 18 and above, in line with Zimbabwe’s constitutional protections against child marriage.
“This is non-negotiable,” she said. “No registration of a customary marriage will be accepted unless both parties prove they are 18 or older. We are not legitimizing child marriage — we are drawing a bright line: customary marriage is for consenting adults only.”
While some critics fear formal recognition could entrench patriarchal practices, Maigurira argued the opposite.
“Formalization actually exposes harmful patriarchal norms to legal scrutiny,” she said. “Patriarchy thrives in ambiguity; it fears sunlight. By standardizing consent, age and legal recourse, we are giving women in customary unions the tools to challenge harmful practices.”
She added that Zimbabwe could draw lessons from countries such as South Africa, Mozambique and Rwanda, which have introduced legal reforms and community-based systems to regulate customary unions.
For many Zimbabwean families, customary marriages remain deeply symbolic ceremonies rooted in kinship, identity and heritage.
Maigurira said preserving those cultural values while protecting vulnerable groups was possible through what she called “principled pluralism.”
“Preserve the ceremony, the symbolism, the kinship building and the celebration of heritage,” she said. “Modernize the consequences: equal rights, protection from harm and exit options.
“Heritage without accountability is tyranny; law without cultural legitimacy is unenforceable.”
Marriage counselors and cultural experts say successful traditional marriages depend on communication, mutual respect, financial transparency and shared goals alongside cultural values.
They also encourage young couples to prioritize education, career development and emotional maturity before marriage, while emphasizing premarital counseling, consent, gender equality and joint decision-making as foundations for healthy unions that balance tradition with modern human rights standards.