There are three main types of marriages in Ghana: customary/traditional, marriage under the ordinance/legal/court marriage, and Islamic marriage. What makes these unions valid is explored below.
Marriage, a sacred union celebrated across diverse cultures, holds a unique significance in Ghana, where traditions, customs, and legal frameworks converge to define the parameters of a valid marital union.
In this exploration, we delve into the intricacies of what makes a marriage considered valid in Ghana. From legal requirements to customary practices, this comprehensive guide seeks to unravel the multifaceted tapestry that shapes the sanctity of marriage in this West African nation.
An overview of the types of marriages in Ghana
Ghana, a country with rich histories and varied cultural landscapes, has distinct criteria for what constitutes a valid marriage. The legal framework for marriage in Ghana is:
Marriage Ordinance of 1884: The legal foundation for marriages in Ghana can be traced back to the Marriage Ordinance of 1884. This legislation sets out the formalities and requirements that govern the solemnization and recognition of marriages in the country. Adherence to the provisions of this ordinance is integral to establishing the validity of a marriage under Ghanaian law.
Customary Marriage and Divorce (Registration) Law of 1985: Complementing the Marriage Ordinance is the Customary Marriage and Divorce (Registration) Law of 1985. This law specifically addresses the recognition and registration of customary marriages in Ghana. Customary marriages, deeply rooted in Ghanaian culture, are acknowledged as valid when conducted under the traditions of the specific ethnic or religious community involved.
Religious Marriages: Ghana, a nation characterized by religious diversity, recognizes marriages conducted under various religious traditions. Islamic marriages, for example, are governed by Sharia law, while Christian marriages follow the tenets of the respective denominations. The legal validity of religious marriages is contingent upon compliance with the specific requirements of each faith.
What are the types of marriages in Ghana?
There are three different types of valid marriage recognized by Ghanaian law:
- Marriage under the Marriage Ordinance, and
- Customary marriage,
- Islamic marriage under the Marriage of Mohammedans Ordinance.
What is a customary marriage?
Customary or traditional marriage is the most common form of marriage in Ghana. It is also the oldest form of marriage that existed long before marriage under Ordinance/White/Church weddings, which were introduced by Western influence.
In a broader sense, traditional marriage is the marriage itself in Ghana, especially in the Akan culture.
The specific customary rites that are followed vary from group to group, although in virtually all cases, customary marriage involves a gathering at which the bridegroom’s family makes payment of a bride’s price to the bride’s family, followed by the bride being asked if she will accept the bridegroom as her husband.
What is marriage under the Marriage Ordinance?
Marriage under the ordinance is also known as a court, legal, or civil union in Ghana. This is available to any Ghanaian to take advantage of, and despite some confusion, it is entirely secular and not religious (Christian) at all.
Often, many mistake the church/white wedding for marriage under the Ordinance. This is because some churches have officiants who have the license to perform marriages under the law. This is, however, not always the case. A marriage ceremony held in a church without proper licensing and registration procedures is simply a church blessing. It is therefore the couple’s responsibility to find out if their officiant has these powers and, if not, to follow the appropriate procedure.
This type of marriage is governed under the Marriage Act (CAP 127) and is monogamous, meaning that unless the man or woman dies or the marriage is legally dissolved, neither party can marry another person.
This means that a man married under the Marriage Ordinance may not marry another woman, whether under the Marriage Ordinance or customary law. If a man currently married under the Ordinance marries another woman, this woman will not receive any of the rights or legal benefits of a wife, and the man will be punished for the offense of bigamy.
Those intending to get married are required to give notice to the marriage registrar in the district where the marriage is going to occur. The registrar would then publish a notice of marriage and issue a certificate after 21 days if no objection was raised.
How many kinds of ordinance marriages are there? There are 3 kinds.
- Marriage by a Registrar of Marriages
- Marriage by a Marriage Officer or Minister
- Marriage by Special Licence.
A marriage registrar is an officer at the Registrar General Office, Metropolitan, Municipal, or District Assembly (MMDA) with the responsibility of performing marriages.
A marriage officer is a minister of a religious body (Christian or Muslim) who has been duly licenced and gazetted to perform marriages. This means the person has been recognized and given a certificate by the government to perform ordinance marriages.
Marriage by Special Licence is where the Registrar General’s Office, MMDA, waives certain conditions for an ordinance, such as the length of time for notices or permits a venue (other than the Registrar General’s Office, MMDA, or church) to be used for the performance of the marriage.
What is Islamic marriage?
Islamic marriage is a type of marriage made under Islamic rules regarding marriage. Marriages under Islamic law may be polygamous, and, under the Marriages Act, they must be registered to be valid.
What makes a marriage under the ordinance valid in Ghana?
The legal requirements for a valid marriage in Ghana include the following:
1. Consent of partners
The cornerstone of a valid marriage in Ghana, as in many jurisdictions, is the free and mutual consent of both parties entering into the union. The absence of coercion or duress is paramount to ensuring that the marriage is entered into willingly by both individuals.
In Ghana, the consent of the bride is sought when her father or an elder in her family asks her three times whether they should warmly receive all of the dowry brought before them. She usually has to answer three times. This also shows she wasn’t forced into marriage. The groom’s consent is sought by his parents and elders from the moment he introduces his wife-to-be to them.
2. Age requirements
Ghanaian law sets forth specific age requirements for individuals seeking to marry. The legal age for marriage is 18 years, and parties below this age require parental or judicial consent. This provision ensures that individuals entering into marriage have attained the legal age of majority.
If you or your partner are a minor (younger than 18 years) in the care of either your respective parents or a legal guardian, only the parent’s or guardian’s written consent is necessary for you to obtain a marriage certificate.
If a parent whose consent is legally required but either cannot be found to grant consent or is legally incompetent to do so, then an application may be made to a Commissioner of Child Welfare for consent to the marriage.
If your parents and/or a Commissioner of Child Welfare refuse to grant consent for your marriage, you may then apply to a judge of the High Court for consent. The judge will not grant consent unless there is sufficient evidence that the marriage is in the interest of the minor and that prior consent has been unreasonably refused.
In addition to getting consent from the parents or guardians, boys under the age of 18 and girls under the age of 16 may also be required to seek the consent of the marriage registrar in the district where the marriage is going to occur. The registrar may, on application, condone a marriage that required his/her consent but was contracted without such consent.
3. Mental capacity
A valid marriage in Ghana necessitates that both parties possess the mental capacity to understand the nature and consequences of the marriage contract. This ensures that individuals are entering into the union with a clear understanding of their commitment.
4. Avoidance of bigamy
Bigamy is when someone, be it a man or a woman, marries someone while still legally married to someone else.
This is compared to polygamy. Such marriages are also null and void under Ghanaian law.
For Bigamy, it is a criminal offense, as cited in ss. 262 and 263 of the Criminal Offences Act, 1960 (Act 29). It requires proof beyond reasonable doubt that while there is a subsisting ordinance marriage, a person marries another, except the former spouse has not been heard/seen for seven (7) years.
5. Absence of prohibited relationships
The Marriage Ordinance identifies certain relationships deemed prohibited by law. Marriages between close-blood relatives are considered incestuous and are thus prohibited. Understanding and adhering to these prohibitions are essential to the validity of a marriage.
In the columns below, a man may not marry any person mentioned in column 1, and a woman may not marry any person mentioned in column 2:
| 1 | 2 |
| Mother Daughter Father’s mother Mother’s mother Son’s daughter Daughter’s daughter Sister Wife’s mother Wife’s daughter Father’s wife Son’s wife Father’s father’s wife Mother’s father’s wife Wife’s father’s mother Wife’s mother’s mother Wife’s son’s daughter Wife’s daughter’s daughter Son’s son’s wife Daughter’s son’s wife Father’s sister Mother’s sister Brother’s daughter Brother’s daughter’s daughter Sister’s daughter Sister’s daughter’s daughter Sister’s son’s daughter | Father Son Father’s father Mother’s father Son’s son Daughter’s son Brother Husband’s father Husband’s son Mother’s husband Daughter’s husband Father’s mother’s husband Mother’s mother’s husband Husband’s father’s father Husband’s mother’s father Husband’s son’s son Husband’s daughter’s son Son’s daughter’s husband Daughter’s daughter’s husband Father’s brother Mother’s brother Brother’s son Brother’s son’s son Sister’s son Sister’s son’s son Sister’s daughter’s son |
5. Registration
Formal registration of the marriage is a critical step in establishing its legal validity. Registration involves submitting the required documents to the Births and Deaths Registry or the appropriate local authorities, depending on the nature of the marriage (civil or customary).
Dissolution of marriages under the ordinance: Any individual who proceeds with any other form of marriage to another partner without properly dissolving previous ones has committed bigamy, a misdemeanor crime punishable by law.
What makes traditional marriages in Ghana valid?
1. Customary Rites and Traditions
Customary marriages, deeply ingrained in Ghanaian culture, are recognized as valid when they adhere to the customs and traditions of the specific ethnic or religious community involved. These customs may include the payment of dowries, traditional ceremonies, and community acknowledgment.
2. Acknowledgment by the Community
In customary marriages, the acknowledgment and acceptance of the union by the community play a crucial role in establishing its validity. Community involvement is often reflected in the performance of customary rites and ceremonies that symbolize the acceptance of the couple.
3. Compliance with the Customary Marriage and Divorce (Registration) Law
To solidify the legal status of a customary marriage, compliance with the Customary Marriage and Divorce (Registration) Law of 1985 is imperative. This involves registering the marriage with the appropriate authorities to ensure its recognition under Ghanaian law.
Dissolution of customary marriages is usually done based on the required procedure of the culture in question. This sometimes involves returning drinks and/or gifts presented to the bride’s family. The courts can also grant a divorce, and they usually do so within the ritual boundaries of the cultures in question. Notification of divorce has to be given to the registrar’s office if the marriage was registered.
What makes an Islamic marriage in Ghana valid?
To have a valid Islamic marriage, the following must be ensured:
1. Sharia Law
Ghana’s Muslim community follows Islamic principles for marriage, and the legal validity of Islamic marriages is governed by Sharia law.
Islamic marriages involve the mutual agreement by both parties to be married, the presence of witnesses (at least 2), and compliance with the tenets of Islam.
2. Consent and Formalization
Similar to other forms of marriage in Ghana, Islamic marriages require the free and voluntary consent of both individuals.
Formalization of the marriage involves the recitation of specific vows and adherence to Islamic rites, reflecting the legal and religious dimensions of the union.
A Wali (a person with authority or guardianship over another person, in this case, the bride) is present to legally represent the bride.
The required dowry must be paid in cash or property to the bride’s family.
3. Registration with Islamic Authorities
To ensure legal recognition, Islamic marriages in Ghana should be registered at the district office with the relevant Islamic authorities.
The marriage ceremony is performed by a licensed Islamic priest, just as in the case of marriage by a marriage officer.
This step completes the formalities required for the marriage to be acknowledged under both religious and legal frameworks.
The dissolution of Islamic marriages, as is to be expected, is carried out within the requirements of the Islamic religion. The divorce must be registered within one month of the divorce date to be recognized by law. With regards to the period required for both the registration of marriage and divorce, special consideration can be sought from the High Court and appropriate procedures followed.
Challenges and Legal Implications
Non-Compliance with Legal Requirements: Challenges to the validity of marriages in Ghana may arise if parties fail to comply with legal requirements. Non-registration, lack of mutual consent, or other legal oversights can lead to disputes regarding the validity of the union.
Prohibited Relationships and Polygamy: Marriages involving prohibited relationships or contraventions of Ghana’s marriage laws may face legal challenges. Additionally, polygamous marriages, while culturally accepted in some communities, must adhere to legal provisions to be considered valid.
Evolving perspectives and future considerations
Changing Cultural Dynamics: As Ghana continues to evolve, so do cultural attitudes towards marriage. Modern perspectives on gender roles, equality, and personal choice may influence how Ghanaians approach the institution of marriage, potentially shaping future legal frameworks.
Legal Reforms: Ghana’s legal system is dynamic, and reforms are periodically introduced to address emerging issues. Ongoing legal discussions may lead to adjustments in marriage laws, reflecting the changing needs and values of Ghanaian society.
Conclusion
In conclusion, the validity of a marriage in Ghana is a multifaceted concept, shaped by a delicate interplay of legal statutes, cultural traditions, and religious influences. From the Marriage Ordinance of 1884 to the Customary Marriage and Divorce (Registration) Law of 1985, Ghana’s legal framework accommodates the diverse cultural and religious landscape of the nation.
Understanding the legal requirements, whether for civil, customary, or Islamic marriages, is pivotal for individuals embarking on the journey of matrimony in Ghana. As this West African nation continues to navigate the intricate tapestry of tradition and modernity, the recognition and sanctity of marriages remain a cornerstone of its societal fabric.
