Senior legal ccholar, Diana Musoke has rejected the proposal of having marriages conducted Virtually in Uganda.
Musoke made the stance while appearing before the Joint Committee of Legal and Gender, during the consideration of The Marriage Bill 2024, that was tabled last year by Tororo District Woman MP Sarah Opendi.
The Bill tabled in October last year, proposes a requirement for marital consummation. According to Clause 41, newlywed couples are required to consummate their marriage within six months or risk having their marriage declared voidable.
"This clause ensures that marriages are genuine and not just ceremonial unions," the Bill states.
Appearing before the committee, Musoke wondered how such marriages will be consummated if the parties are living in two different time zones.
“The law introduces marriage by virtual or zoom or whatever gadget. Does this mean that consummation is no longer a necessary essential requirement validating the marriage? Can two people claim to be married but living in different time zones? What is the purpose of marriage then without sexual intercourse? Is this an introduction of convenient marriage or compassionate marriages?” asked Musoke.
Musoke, currently teaches Domestic Relations at Islamic University In Uganda (IUIU).
She also rejected the proposal of having marriages annulled because of infertility on either party, wondering why marriages have to end over something that can be treated medically.
“I think impotence can be determined medically and scientifically. If you are impotent, you are impotent but whatever this is, can be corrected by surgery and once it can be corrected by surgery, you can’t say that the marriage is void. I don’t know why it was introduced. We need to know, who is going to determine it anyway?” Musoke noted.
Opendi’s proposal in the Marriage Bill seeks to declare a marriage null and void if either party fails to have a marriage consummated within six months.
However, Musoke insisted that the purpose of marriage is to legalise sexual intercourse, and questioned the purpose of telling a person that the marriage is voidable if they are unable to consummate the marriage within six months.
If passed, the Marriage Bill would bring series of landmark reforms aimed at updating Uganda’s marriage laws.
The Bill focuses strongly on equal property rights, the protection of minors, and new regulations on marital arrangements.
The Bill also deals with financial responsibilities within marriages, specifically addressing pre-marital debts.
According to Clause 51, liabilities incurred before marriage remain the sole responsibility of the spouse who bore them, unless the property involved becomes part of the matrimonial estate, at which point the debt may be shared.
In a move aimed at curbing bigamy, the Bill proposes penalties for individuals who knowingly marry someone already in a monogamous union. Clause 92 recommends a sentence of up to five years in prison or a fine of Shs10 million for those found guilty.