The Influence of Dinka Divorce Laws on Women's Socio-Economic Development: The Case of Duony Payam, Lakes State, South Sudan

Abstract

Dinka divorce laws reflect the community’s highly patriarchal norms, which not only curtail women’s human rights but also highlight double jeopardy from a socio-economic perspective. Despite its significant effects, the extent to which Dinka customary divorce laws impact social and economic stability is unclear. Moreover, the existing studies acknowledge issues in Dinka customary laws concerning women's rights to divorce, but do not scrutinize the socio-economic impacts whose effect on the well-being of its society is much greater. Therefore, this study assessed the influence of Dinka Divorce Laws on Women's Socio-Economic Development in Duony Payam, Lakes State, South Sudan. Thus, it sought to answer the following research questions: How do Dinka Customary Law divorce practices influence women's ability to participate in socioeconomic opportunities? What are the limitations imposed by Dinka Customary Law on women's right to divorce, and how do they affect the community’s socioeconomic development in Duony Payam? What strategies can be adopted to reform Dinka Customary Law to promote sustainable socioeconomic development? The study was informed by the Feminist and Social Exchange Theories. It adopted a qualitative ethnographic research design, whereas the study area was Duony Payam, Lakes State, South Sudan. The study’s sample size was 80 respondents who were selected using purposive and snowball sampling techniques. Semi-structured oral interviews and focus group discussions (FGDs) were used for the generation of primary data, while secondary data was derived from documentary review. Qualitative data generated were analysed through thematic analysis. The study determined that Dinka customary divorce laws in Duony Payam severely constrain women's socioeconomic opportunities through bridewealth repayment, loss of children and property, and social penalties, perpetuating economic dependency and limiting income-generating activities under patriarchal norms viewing marriage as a familial contract. It also found these laws hinder broader community socioeconomic development by marginalizing divorced women, reducing human capital, and exacerbating poverty cycles via family dependency. The study concluded that prohibitive costs trap women in abusive marriages, undermining their agency and reinforcing gender disparities. It concluded that these laws foster economic precariousness, social instability, and lost productivity, impeding household prosperity and poverty reduction. The study concluded that despite cultural resistance, multifaceted reforms like legal harmonization, awareness campaigns, and economic support are feasible for gender justice and women's empowerment. The study recommends economic programs such as grants and vocational training for divorced women, and community education to promote empathy and independence. The government should also codify family laws for fair asset division, partial bridewealth refunds, and custody rights, and engage traditional leaders in equality training. The study’s findings will benefit multiple groups, including women in Duony Payam who will gain evidence to advocate for their rights, while communities may benefit from more equitable family structures and stronger household economies. Policymakers and reformers will receive data to guide legal harmonisation and enforce women’s representation. Gender and human rights advocates can leverage the research in their campaigns, and scholars will gain new insights into the economic costs of cultural norms, informing future gender and development studies.