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Determination of HIV Status as a Pre-requisite for Contracting English /Traditional Marriages: The Emerging Matrimonial Issue in Nigeria and Zambia

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Faculty of Law, University of the Gambia, Banjul-Republic of the Gambia

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The paper examines the emerging concept of matrimonial issue of determination of HIV status before contracting marriages in both Nigeria and Gambia. Using the doctrinal method, the paper analysis the legality of this requirement for HIV screening as a pre-marital determinant. The effect and variations in the socio-cultural diversity in the two countries were also examined. Similarly, the effect of screening on English /traditional marriages and contemporary challenges facing the validity of this requirement were diagnosed. The draw conclusion by offering meaningful and reasonable suggestions for the future practice.

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