Marriage, Kinship Systems & Family Structures in Ghana
Types of marriage in Ghana (Customary, Ordinance, Islamic), lineage systems (Matrilineal, Patrilineal), nuclear and extended family systems, and the Intestate Succession Law (PNDC Law 111).
Prior to 1985 in Ghana, customary inheritance laws among matrilineal societies often saw widows and orphans ejected from their deceased husband's house by his maternal nephews and matrikin. The promulgation of the Intestate Succession Law (PNDC Law 111) in 1985 revolutionized Ghanaian family rights by guaranteeing clear statutory shares for surviving spouses and children.
Key Syllabus Learning Objectives
- 1Explain the meaning and socio-cultural functions of marriage in Ghanaian traditional society
- 2Compare and contrast Customary Marriage, Ordinance Marriage, and Islamic Marriage in Ghana
- 3Distinguish between patrilineal and matrilineal descent systems with relevant ethnic examples
- 4Analyze the strengths and challenges of the extended family system versus the nuclear family system
- 5Explain the key provisions and social significance of the Intestate Succession Law (PNDC Law 111)
The Three Recognized Marital Systems in Ghana
- Customary Marriage: Potentially polygynous; celebrated according to indigenous traditions; requires consent of both families; dissolved through traditional family tribunals.
- Ordinance Marriage (Cap 127): Strictly monogamous; committing bigamy (marrying another spouse while Ordinance marriage subsists) is a criminal offense; dissolved exclusively by a High Court or Circuit Court decree.
- Islamic Marriage: Conducted under Sharia; solemnized by an accredited Imam; allows a man up to four wives subject to equal treatment; requires registration under Cap 129 within 7 days.
Couples in Ghana frequently perform customary knocking and traditional wedding rites on a Saturday morning, followed immediately by an Ordinance church wedding or court blessing to enjoy dual customary and civil protections.
Choosing a marriage type carries binding legal rights and restrictions, particularly regarding monogamy and divorce procedures.
Kinship Systems & The Intestate Succession Law (PNDC Law 111)
- Matrilineal System: Practiced by Akans (Asante, Fante, Akuapem, Akyem); emphasizes maternal bloodline ('bogya').
- Patrilineal System: Practiced by Ewes, Gas, Dagombas, Frafras, Nanumbas; emphasizes paternal seed.
- PNDC Law 111 Impact: Gives spouse and children absolute ownership of one matrimonial home and household chattels; allocates remaining estate: 3/16 (spouse), 9/16 (children), 2/16 (parents), 2/16 (customary family).
Legal Aid Commission offices across Ghana frequently cite PNDC Law 111 to stop paternal or maternal family heads from dispossessing grieving widows and young children.
PNDC Law 111 ended customary eviction of widows and orphans, prioritizing nuclear family survival over lineage claims.
- Be ready to define 'bigamy' and explain its legal consequences under Ordinance Marriage (Cap 127).
- When explaining PNDC Law 111, remember that it applies ONLY to 'self-acquired property' of the deceased, not 'family or ancestral property' (e.g. stool/skin lands).
- Clearly identify which ethnic groups practice matrilineal descent (Akans) and patrilineal descent (Ewe, Ga, Dagomba, etc.).
- Confusing bride price (dowry) with selling the bride; in Ghanaian sociology, it is symbolic appreciation and legal validation, not commercial sale.
- Thinking that an Ordinance marriage allows a man to take a second wife customarily (this constitutes a felony of bigamy).
- Believing that PNDC Law 111 disposes of family stools or lineage lands.
- Can I compare Customary, Ordinance, and Islamic marriages across 4 criteria?
- Do I know the difference between matrilineal and patrilineal inheritance lines?
- Can I state the mathematical division of residue under PNDC Law 111 (3/16, 9/16, 2/16, 2/16)?
- Can I highlight the pros and cons of the Ghanaian extended family system?
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