Opo-Sisu (Levirate Marriage): to what extent has the Yoruba culture survived neo-liberalism of the 20th century?

Odumosu, Taiwo and Opebiyi, Fatimah ORCID: https://orcid.org/0000-0002-3715-0972 (2021) Opo-Sisu (Levirate Marriage): to what extent has the Yoruba culture survived neo-liberalism of the 20th century? Journal of Commonwealth Law, 3. pp. 101-125. ISSN 2563-643X

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Abstract

Prior to the introduction of English law, the ethnic groups occupying the geographical area known as Nigeria relied on their customary laws to maintain economic and social inclusion in instances of succession. One of these customs, as protected by local laws, is opo-Sisu (levirate marriage) as practised under Yoruba law and custom. Within this culture, levirate marriage involves the inheritance of widows by the relatives of the deceased. In most cases, the inheritors are restricted to the brothers of the deceased. While this practice may be antithetical to concepts of equality and human dignity in some instances, it is not without its benefits. Key amongst the benefits is the preservation of the deceased’s estate, raising his offspring, and protecting his widow. While women’s liberation movements and Western societies may regard this practice a relic of the dark pre-colonial past, the practice continues in some parts of Nigeria, especially southwestern Nigeria. Relying on functionalist theories, this paper critically analyses the concept and practices of levirate marriage under the Yoruba law and custom. The paper adopts the theory in explaining what we term ‘the benefactors’ triad’ i.e., the widow, the offspring of the deceased, and the larger society. This explanation presupposes that customary law mechanisms enforce the triad’s rights against the inheritor. The purpose of this analysis is to unveil the explanations for the practice notwithstanding the liberation movements targeted at emancipating women perceived to be disadvantaged by the practice. This paper concludes that where consent of the widow is freely given and legal mechanisms are effectively utilised, levirate marriage significantly solves the problems of all the parties involved, including that of the society.