Marriage
The Law of Marriage Act defines marriage as the voluntary union of a man and a woman intended to last for their joint lives (s. 9(1)) and recognises two kinds, monogamous and polygamous or potentially polygamous (s. 10). Parties may marry in civil form before the district registrar, by the rites of a specified religion, in Islamic form where the husband is a Muslim, or by customary rites (s. 25(1)). Its provisions speak of 'the law of Mainland Tanzania' (s. 12); Zanzibar has separate marriage decrees.
Section 13(1) of the Revised Edition 2023 still lets a man marry at 18 and a woman at 15, and s. 13(2) lets a court give leave to parties who have both reached 14 where special circumstances make the marriage desirable; s. 17(1) requires a female under 18 to obtain her father's consent, or her mother's if he is dead, or her guardian's. On 8 July 2016 a three-judge High Court (Misc. Civil Cause No. 5 of 2016, petitioner Rebeca Gyumi) found ss. 13 and 17 inconsistent with Articles 12(1) and 13(1) of the Constitution and gave the Government one year to set 18 for both sexes. The Court of Appeal dismissed the Attorney General's appeal on 23 October 2019, adding that 'a child is a child whether married or not', and recorded that the sections had been found unconstitutional rather than declared void.
A couple must give notice of intention to a registrar or registration officer at least 21 days before the wedding (ss. 18 and 26); the notice states ages, parents' names, whether each party is a bachelor, spinster, widowed, divorced or married, and whether the marriage is meant to be monogamous or polygamous. Anyone who knows of an impediment may lodge an objection, which is sent to the court, and an existing wife of a polygamous man may object to a further wife on grounds of hardship to the family, the intended wife's notoriously bad character or likely grave discord in the household, in which case the Marriage Conciliation Board hears it (ss. 20 to 22). A civil marriage is complete once each party says in English or Kiswahili that they take the other as spouse before the registrar and two witnesses of at least 18 (ss. 27 and 29).
A ceremony is a nullity if a party is below the minimum age and has no leave, if the parties are within the prohibited relationships, if one is already married, if consent was not free, if both parties were not present, if fewer than two competent witnesses attended, or if the marriage is expressed to be temporary (s. 38(1)). Lack of notice, procedural irregularity, unpaid dowry and failure to register do not invalidate an otherwise compliant marriage (s. 41). A party who knowingly marries someone below the minimum age commits an offence carrying three years' imprisonment, and an officiant, a consenting person or a witness who takes part risks up to two years (ss. 148 and 156).
Zanzibar is governed separately. The German Federal Foreign Office lists the Marriage (Solemnisation and Registration) Decree (No. 11 of 1915) for civil and church marriages and the Marriage and Divorce (Muslim) Registration Decree (No. 8 of 1935, Cap. 91) for Islamic ones, and a law firm's 2024 guide gives the Zanzibar Civil Status Registration Agency registration fee as TSh 20,000. Zanzibar's Children's Act 2011 defines a child as anyone below 18 and lists forced marriage among forms of exploitation.
Key points
| Minimum age (statute) | Man 18, woman 15; court leave from 14 for both in special circumstances (s. 13, Cap. 29 R.E. 2023) |
|---|---|
| Minimum age (court ruling) | Ss. 13 and 17 held unconstitutional; 18 for both sexes ordered, Act not yet amended (Gyumi, Court of Appeal, 23 Oct 2019) |
| Consent for a girl under 18 | Father, else mother, else guardian; a court may substitute its consent (s. 17) |
| Notice | At least 21 days before the ceremony, to a registrar or registration officer (ss. 18 and 26) |
| Waiver of notice | Registrar General's special licence (s. 23); RITA lists a fee of TSh 200,000 |
| Witnesses | At least two, each 18 or over (s. 27) |
| Kind of marriage | Monogamous or potentially polygamous; Islamic and customary marriages presumed polygamous (s. 10(2)) |
| Marrying someone under the minimum age | 3 years' imprisonment; officiant, consenting person or witness up to 2 years (ss. 148 and 156) |
| Husband's intercourse with a wife under 18 | 10 years' imprisonment (Penal Code, s. 138(1)) |
In practice
- Lodge the notice of intention at least 21 days ahead; RITA's online system (eRITA) takes it with both parties' IDs or passports, passport photographs and a letter of introduction from the local street office, and lists TSh 100,000 for a marriage conducted at a District Commissioner's office.
- If a wedding must take place within 21 days, ask the Registrar General for the special licence under s. 23 (RITA fee TSh 200,000, supported by a document proving the urgency, such as a transfer or travel invitation); a licence for a venue other than a place of worship or the registrar's office is a separate application under s. 31 (TSh 200,000).
- Check that the minister holds a current licence from the Registrar General before booking; RITA's list of active officiants at 30 June 2025 has 8,188 numbered entries, and an officiant not lawfully entitled makes the ceremony void if both parties knowingly accept him (s. 38(1)(g)).
- Make sure the marriage certificate is completed in duplicate and signed by both parties and two witnesses (s. 33(1)); RITA uses form RGM 8, and a customary marriage with no registration officer present must be registered within 30 days (s. 43(5)).
Cost and coverage
RITA's online fee list gives TSh 100,000 for a marriage at a District Commissioner's office, TSh 200,000 for the Registrar General's special licence or a special-place licence, TSh 300,000 for a certificate of no impediment for a Tanzanian marrying abroad and TSh 200,000 to register a marriage contracted abroad.
Recent changes
At a meeting in Dodoma on 30 September 2026, attended by government institutions, the Law Reform Commission, the Commission for Human Rights and Good Governance and civil-society groups including TAWLA, speakers said consultations on raising girls' minimum marriage age to 18 or higher were continuing and asked why the reform had taken so long; The Citizen had reported on 6 December 2023 that the 2019 judgment was still not implemented.
Where to go
- District registrars and District Commissioners' offices for civil marriages; licensed ministers of religion and kadhis for religious ones (ss. 29 and 30).
- The Registrar General of Marriages and Divorces, who is the head of RITA in Dar es Salaam, for licences and certificates of no impediment (ss. 23 and 35).
- Registration officers, who are divisional officers working through the District Commissioner's office, for customary marriages (RITA).
- Tanzanian embassies and high commissions in countries designated under s. 8, where a registrar can solemnise a marriage (s. 34).
- Zanzibar Civil Status Registration Agency, for marriages registered on Zanzibar (Rive & Co, 2024).
Worth knowing
For a girl of 15 to 17 the statutes still pull in different directions: s. 13(1) of the Act lets her marry, while s. 130(2)(e) of the Penal Code treats intercourse with a girl under 18 as rape unless she is the man's wife, is 15 or older and is not separated from him.
Frequently asked questions
Can a 16-year-old girl legally marry in Tanzania?
The printed text of s. 13 allows a girl to marry at 15, with her father's consent until 18 (s. 17), but the Court of Appeal held both sections unconstitutional on 23 October 2019 and the High Court had ordered 18 for both sexes; Parliament had not amended the Act when the 2023 revised edition was published and reform consultations were still running on 30 September 2026.
Is a marriage valid if it was never registered?
Yes: s. 41(f) says failure to register does not affect an otherwise compliant marriage, although the certificate is prima facie evidence of it (s. 55) and a person under a duty to apply for registration who fails to do so commits an offence punishable by a fine of up to TSh 500 (s. 157).
Can a marriage celebrated abroad be recognised in Tanzania?
Yes if it followed the law of the place, each party had capacity under the law of their domicile and both consented, and, where one is a Tanzanian citizen or domiciled on the Mainland, both also had capacity under the Act (s. 36); a Tanzanian citizen can have it registered with the Registrar General under s. 45.
Sources
- Law of Marriage Act, Cap. 29, Revised Edition 2023 (Attorney General's Office, official revised text) — ss. 9 to 18, 20 to 27, 29 to 38, 41, 43, 55, 148, 156 and 157; the Revised Edition 2023 text of s. 13 and s. 17
- Law of Marriage Act, Cap. 29 -- consolidation as at 30 November 2019 (TanzLII) — consolidation as at 30 November 2019, used to cross-check section numbers
- Attorney General v Rebeca Z. Gyumi, Civil Appeal No. 204 of 2017, Court of Appeal of Tanzania at Dar es Salaam (judgment of 23 October 2019), copy hosted by the University of Toronto — judgment of 23 October 2019 on ss. 13 and 17; High Court decision of 8 July 2016 (Misc. Civil Cause No. 5 of 2016)
- RITA (Registration Insolvency and Trusteeship Agency) -- marriage and divorce services page, in Kiswahili (opened 12 October 2026) — notice of intention, special licence, special-place licence, officiant licences and the fees quoted
- Penal Code, Cap. 16 (text published on tanzanialaws.com, opened 12 October 2026) — ss. 130(2)(e) and 138
- allAfrica / Daily News, "Activists seek dialogue on reforms to Tanzania's marriage laws" (30 September 2026) — Dodoma meeting of 30 September 2026
- The Citizen, "Why review of marriage law is still pending" (6 December 2023) — status of the 2019 judgment on 6 December 2023
- German Federal Foreign Office, Dar es Salaam embassy -- "Marriage and Getting Married in Tanzania" — Zanzibar marriage decrees
- Rive & Co, "A Guide for Foreigners Marrying in Zanzibar" (24 September 2024) — Zanzibar registration fee
- Children's Act, Act No. 6 of 2011 (Zanzibar), assented 6 July 2011 — child defined as under 18; forced marriage listed among forms of exploitation
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