Family
Code de la famille 1972 permitting an election of monogamy or polygamy
The 1972 Code de la famille requires the husband to elect monogamy, limited polygamy or full polygamy at marriage, an election recorded and binding. Marriage age is 18 for men and 16 for women. Succession may be governed by either the Code's rules or Islamic law.
Key rules
- Jurisdiction — Tribunal départemental in family matters; the parties may opt for Islamic succession rules.
- Deadline — Birth registration: one month
- Deadline — Election of matrimonial regime as to polygamy: made at the ceremony and binding
Governing law
- Loi n° 72-61 du 12 juin 1972 portant Code de la famille
- Loi n° 99-05 criminalising female genital mutilation
- Loi n° 2020-05 criminalising rape and paedophilia as crimes
In practice
The 1972 Code's dual succession scheme is its most distinctive feature: an estate is distributed under the Code's civil rules unless the deceased opted for Islamic succession, in which case Maliki shares apply. That election, made during life, determines whether daughters inherit equally with sons, so establishing whether an option was exercised is the first question in a Senegalese succession dispute.