Intersecting injustices: child marriage and the law in conflict-affected Sudan

Sudan is the only country in North Africa that is yet to reform its family law embodied by the Personal Status Act for Muslims of 1991. This law legalises child marriage, contradicts the National Child Act of 2010 that outlaws child marriage. This study aimed to understand how the pluralistic legal system in Sudan affects the occurrence and circumstances of child marriage in Kassala State in the context of the current war, to inform future advocacy efforts to ban child marriage. Thirteen key informants were interviewed in Kassala state and at the national level, complemented by one focus group discussion (FGD) at national level. In Kassala state, seven FGDs and eight in-depth interviews were held with young people who married as children and with parents whose children married under 18 years. Data were transcribed and coded, after which thematic analysis was undertaken. The findings affirm that child marriage is a commonplace practice, often justified by religion, driven by financial incentives and the on-going war. The closure of schools since 2023, abuses of girls by armed forces, and growing financial precarity are prompting parents to marry their daughters early. Community informants displayed a lack of awareness regarding the laws around child marriage and the legal minimum age of marriage. Contradictions between the laws create confusion and leave room for different interpretations, which are influenced by religion and social norms, further complicating the legal landscape. Although mazons (local marriage registrars) are mandated to follow civil law, they officiate underage marriages to conform to ‘local culture’, due to parental pressure, or because of false age certificates presented by families. Previous legal reform efforts failed to create consensus among religious hardliners and activists. Sudan’s pluralistic legal system has institutionalised gender inequality and legitimised the culturally accepted practice of child marriage. A future post-war recovery period might provide a window of opportunity for law reform. Sudan could build on successful strategies used by neighbouring countries to reform the family law. Policy and legal reform need to be accompanied by broader social and economic change, including advances in gender equality, to address child marriage in Sudan.