This chapter argues that Africana womanism provides a lens for examining marriage and inheritance practices from pre-colonial to post-colonial times. It uses a largely historical methodology, while data sources range from early anthropological works to oral interviews. For precolonial society, the chapter uses early anthropological and ethnographic work on marriage and inheritance in Zimbabwe as a form of primary sources. In the absence of written evidence of the authentic voice of Africans, this work provides fundamental data on which Zimbabwean marriage historiography is based. In terms of marriage preparation, practices and payments, Shona society was based on Ubuntu values and respect for motherhood. Women were respected in their productive and reproductive roles and there was evidence of self-naming. Marriage and inheritance practices had a clear purpose in society, to ensure that the deceased family was cared for. Families had a way of monitoring the use of a deceased man’s property. In some cases, they used myths and proverbs to scare offenders. The appointment of sons as heirs and the inheritance of the wife ensured family continuity and, when performed according to African culture, benefited the whole family. In some cases, however, personal interest exceeded family/group interests, leading to the dispossession of women and girls. According to Africana Womanism, culture comes into play to strengthen group rights as opposed to individual rights. Colonialism was a system of oppression for Africans in general, but exacerbated the oppression of women, particularly in relation to inheritance rights. While customary law provided that an heir could inherit property on behalf of the larger family, the individualization of inheritance, which followed a Western individualization of rights, opened room for selfishness among the heirs, dispossessing the rest of the family, including the widow. Colonial inheritance laws improved the widow’s maintenance from the deceased husband’s estate but retained her legal status as a minor. Post-colonial legal reforms in Zimbabwe have positively changed the legal landscape for marriage and inheritance for women, but implementation has lagged. Because of the patriarchal nature of the state, of legislators and law enforcers, there remains a large gap between the law on paper and the practice.

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Marriage and Inheritance: An Africana Womanist Rendition of Precolonial and Postcolonial Shona Societies

  • Sibongile Mauye

摘要

This chapter argues that Africana womanism provides a lens for examining marriage and inheritance practices from pre-colonial to post-colonial times. It uses a largely historical methodology, while data sources range from early anthropological works to oral interviews. For precolonial society, the chapter uses early anthropological and ethnographic work on marriage and inheritance in Zimbabwe as a form of primary sources. In the absence of written evidence of the authentic voice of Africans, this work provides fundamental data on which Zimbabwean marriage historiography is based. In terms of marriage preparation, practices and payments, Shona society was based on Ubuntu values and respect for motherhood. Women were respected in their productive and reproductive roles and there was evidence of self-naming. Marriage and inheritance practices had a clear purpose in society, to ensure that the deceased family was cared for. Families had a way of monitoring the use of a deceased man’s property. In some cases, they used myths and proverbs to scare offenders. The appointment of sons as heirs and the inheritance of the wife ensured family continuity and, when performed according to African culture, benefited the whole family. In some cases, however, personal interest exceeded family/group interests, leading to the dispossession of women and girls. According to Africana Womanism, culture comes into play to strengthen group rights as opposed to individual rights. Colonialism was a system of oppression for Africans in general, but exacerbated the oppression of women, particularly in relation to inheritance rights. While customary law provided that an heir could inherit property on behalf of the larger family, the individualization of inheritance, which followed a Western individualization of rights, opened room for selfishness among the heirs, dispossessing the rest of the family, including the widow. Colonial inheritance laws improved the widow’s maintenance from the deceased husband’s estate but retained her legal status as a minor. Post-colonial legal reforms in Zimbabwe have positively changed the legal landscape for marriage and inheritance for women, but implementation has lagged. Because of the patriarchal nature of the state, of legislators and law enforcers, there remains a large gap between the law on paper and the practice.