Includes official land rights in Kenya; refusing inheritance – widows and daughters in the patrilineage, dispute trajectories; institutionalizing women’s exclusion – local control boards, local dispute tribunals, formal courts; shifting the debate; working with constructive values in this context. The problem needs to be tackled using the avenues that currently promote the marginalization of women; the socio-cultural value systems that determine which behaviour, arguments, and actions are legitimate in a community.

Based on government statistics and interviews with villagers across Malawi this article argues that customary matrilineal and patrilineal land tenure systems serve to weaken security of land tenure for some family members as well as obstructing the creation of gender-neutral inheritance of lands. Data from the National Census of Agriculture and Livestock 2007and the 2008 Population and Housing Census are used to characterize marriage systems and landholding patterns of local communities. Marriage systems correspond to customary land-tenure patterns of matrilineal or patrilineal cultures.