Go back to country map. Although laws exist to protect women and girls, discrimination and violence against women, particularly domestic violence, remains a significant problem and the constitutional rights of women are subject to traditional religious customs. A growing NGO community dedicated to ending domestic violence and other harmful practices is working closely with the government to address these issues, however, it is too soon to tell what the impact of recent legislative changes and program implementation will be, particularly in rural areas.
For further information and guidance for individuals from the U. There are four types of marriages that are legally recognized in The Gambia: Muslim Mohammedan marriages, governed by Sharia law and the Muslim Marriage and Divorce Act of ; Christian marriages, governed by the Christian Marriage Act of ; Civil Marriages, governed by the Civil Marriage Act of ; and customary marriages, based on tradition and heavily influenced by Sharia law.
Most marriages are not registered with the government and many instances of forced marriage are not reported. Until recently, The Gambia did not have an official legal minimum age of marriage. Although the Constitution ensures equal rights regardless of gender, it carves out exceptions in certain personal or family law matters, including marriage, divorce and inheritance which are governed by customary and religious law. In rural areas in particular, girls and adult women have little say in regards to whom they marry.
Annulment is an available option for ending a marriage in The Gambia. A marriage governed by civil law can be annulled on several grounds, including fraud and lack of consent. However, based on observation of common practice, it is highly unlikely that a marriage could be annulled in The Gambia after it has been consummated. Divorce is also available in The Gambia and either the husband, the wife, or a guardian of the wife may file for divorce.
Domestic violence is likely substantially underreported in The Gambia and forced and child marriage are prevalent. With the exception of civil marriages, which are governed by the Constitution and require the consent of both parties, there are no laws in The Gambia governing forced marriage performed under customary and religious law. According to Sharia law, a girl who has reached puberty is eligible to be married regardless of her age 13 and a Survey indicated that In rural communities in particular, it is not uncommon for girls to be removed from school and forced into marriage.
