WIDOWHOOD PRACTISES AFFECTING WOMEN

1) WIDOWHOOD PRACTICES

Widowhood practices, in Igboland, are based on diverse customary laws which are essentially unwritten, but have grown out of age-long practices. Varieties of widowhood practices exist in various localities in Igboland, herein used as a case study; viz.

On the death of her husband, the widow is isolated and separated from all and sundry. She may be isolated at a corner of a room, near the corpse, inside her own room or in the kitchen close to the fireplace. At times, she is not alloawed to see the corpse of her husband nor witness any of the ceremonies pertaining to his burial and funeral. Her movement is restricted as she is made to sit on the bare floor before and after the burial for a period not less than 7 native weeks (28 days). During the mourning period she is kept under surveillance (she must be accompanied to answer nature's call, or to take bath, when such 'luxury' is allowed), leaving no room for privacy. The widow may not be allowed to bath for 7 weeks: she is in some cases, forced to eat from broken earthenware with her left hand and without cutleries. Her food must be prepared away her husband's household and usually brought to her by her natal relatives or friends. Other widowhood rites include; hair scrapping/shaving generally observed all over Igboland , drinking of water used in bathing the corpse, being forced to cry at particular intervals, ritual bath and widowhood run. The widow must must mourn for a stipulated number of months or years. In most cases, a widow is blamed for the death of the husband no matter the cause of death, and certain forms of oath-talking are enforced by the daughters of the lineage (Umu-ada) for example, drinking of the water used in bathing the corpse picking kolanuts placed on different parts of the deceased husband's body. Refusal to perform any of the above-mentioned rites is prima facie evidence of guilty. Therefore, a widow must endure it all to prove her innocence, meaning that she had no hand in the death of the husband.

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Despite all the ordeals and harsh degrading treatment meted out to widows. It is an abomination for a widow to die while mourning. Her corpse, in such a circumstance, is usually thrown away at the evil forest for forest for vultures and other birds to prey to feed upon. It is widely belived that burying her corpse is an abomination to the earth god, and will contaminate their ancestors and heritage. The poor perception of the social status of women appears to be the underlying factors in the obnoxious widowhood practices violative of women's right to dignity, freedom from degrading in human and cruel treatment, right to freedom of movement ,association, among others are violated.

2) FEMALE GENITAL MUTILATION (FGM)

This involves a number of traditional operations that involve the cutting off parts of the female external genitalia or other injury to the female genitals, whether for cultural or other non-therapeutic (curative) purpose. This is usually performed during infancy, childhood or adolescence. FGM is known as female circumcision.

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The World Health Organisation, (WHO) categorized FGM into four types:

TYPES 1 - The removal of the prepuce (clitoral hood) or sometimes the whole of the clitoris.

TYPE 2 - Both the clitoris and part of all the labia minora (inner vagina lips) are removed.

TYPES 3 - Infibulation, the clitoris is removed, some of the labia majora (outer lips) to create a raw surface. The raw surfaces are either stitched together and /or kept in contact until it heals as a "hood or skin" covering the urethra and most of the vaginal opening. This type of FGM is not practiced in Nigeria.

TYPES 4 - This involves "gishiri" cuts or introduction of corrosive substances and herbs into the vagina, and similiar practices. FGM is usually done by traditionally practitioners with little training.

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The practice of FGM is justified on a number of grounds, namely that it curbd female sexual desires; it has aesthetic, purifying ot hygienic benefits, it has religious significance and it is justifief part of socialization and womanhood.

Positive research has proved that the complications of FGM is usaually carried out without anaesthetia, there is always excrucisting pain. Sometimes, a major blood vessels could be cut or severed and result to serious bleeding, possibly leading to shock and/or death. Infection of the wound can lead to reproductive tract infection and chronic pelvic pain. There is also risk of infection, particularly HIV transmission, if the same equipment is used for several individuals. Continuing and long term effects if FGM include pain during urination and sexual intercourse. Women who become pregnant endure additional agony. If child labour is prolonged it may lead to damage of the bladder and surrounding organs resulting to VVF and RVF.

FGM is a total violation of women's dignity and right to privacy. The forceful nature of the act is akin to sexual violence. Thus, there is need for legislative change and advocacy to prevent FGM, and its adverse effects on the women and girl-children.

3) CHILD BETROTHAL AND MARRIAGE

Bethrothal is a formal engagement of a man and woman before actual marriage. Child betrithal can be between two infant children or between an infant and adult. Customary law in Nigeria does not know of any minimum age for betrothal, it only recognizes attainment of puberty as the age for consummation of marriage.In the Eastern State of Nigeria the minimum age for customary law marriage has been fixed by law. The Age of Marriage Law, (1956), S.3 (1), provides that *"A marriage....between or in respect of persons either of whom is under the age of sixteen shall be void". Thus under the law, 16 years is the minimum age for marriage."

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The above-mentioned law applicable to Eastern States of Nigeria has been ineffective due to high incidence of child marriage with all its attendant devilish consequences; viz. denial of education to the girl-child, which affects her social and economic status in society, high incidence of maternal and infant mobidity and mortality.

As a solution to these abuses, upward review of the minimum age is recommended. A legal system that requires registration if customary law marriage will also check the abuses.

4) PAYMEMT OF BRIDE PRICE

One of the conditions for contracting a valid customary marriage in Igbo land, is payment of bride price. There is no uniformity of the ruled governing the quantum of bride price. Incidents if high bride price payment in parts if Igboland has been adequately condemned for causing social ills, particularly in preventing young men who cannot afforf the enormous sum demanded by parents of the bride-to-be from getting married. In addition, this practice violates women's right to dignity and freedom from degradation as it contributes to women's loe status and the notion that women are property ot chattels to be purchased by the highest bidder.

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5) MARRIED WOMEN AND OWNERSHIP IF PROPERTY.

Ownership of property by women was governed by common law and by doctrines of Equity. Under common law a husband and wife are regarded as one, therefore, all her personal property and income become vested in her husband upon marriage to him. Such a system rests on the doctrine that "what is mine is yours, but what is yours is mine."

The common law, however, imposed a duty on a husband to maintain his wife in accordance with his means, unless she forfeited rights to be maintained.

A woman's right to property in Igboland under customary law depend on whether the property is ante-nuptial or post-nuptial. Ante-nuptial property including land purchased by a woman before marriage belongs to her personally. However, her exclusive right to property ceases if on her marriage she took the property to her husband's place and continued to make use of the property during marriage. In such a case she can only dispose of the property with her husband's consent.

With reference to property acquired after marriage, the position of customary law is that property acquired during marriage belongs to the husband, since customary law sees a woman as a chattel and as such, she cannot in her own right own a property, in particular, landed property. She is only accorded a farming right to any piece of land the husband permits her to cultivate. Futhermore, a customary law wife is not entitled to maintenance order where her husband neglects his marital obligation on her.