Can the Law Secure Women’s Land Rights in Tanzania?

Authors : Jenesta Urassa

Pages : 43-57

Doi:10.26650/iukad.2025.1664644

View : 21 | Download : 174

Publication Date : 2025-10-23

Article Type : Review Paper

Abstract :This literature review explores the extent to which Tanzanian land laws secure women’s rights to land. The qualitative method based on narrative reviews was adopted. The classical theories on the evolution of property rights and empirical studies published between 1990 and the present were reviewed. Findings indicate that while the law formally recognises women’s land rights, actual tenure security remains elusive. The coexistence of statutory, customary, and religious legal systems creates complex land rights. Socio-cultural norms often obstruct the enforcement of statutory laws intended to protect women’s land rights. Additionally, the law may discriminate against women, especially those whose names are not listed on a certificate of occupancy. In contrast, communal tenure arrangements offer more reliable safeguards. The review identifies the challenges in implementing, monitoring, and enforcing land laws and calls for comprehensive reforms. These include strengthening legal enforcement mechanisms, revising outdated laws, fostering political commitment to gender equity, and encouraging a shift in societal and religious attitudes towards women’s access to land.
Keywords : Kadınların arazi hakları, Örf ve adet hukuku, Kanuni hukuk, Mülkiyet güvenliği, Topluluk mülkiyeti

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