TYPES OF MARRIAGES IN GHANA

The Types of Marriages Recognized in Ghana

Ghana recognizes three main forms of marriages, namely; ordinance marriage, customary marriage and Islamic or Mohammedan marriage. Each of these forms of marriage is legally valid within its own framework and carries distinct legal consequences, especially concerning issues like property rights, succession, and the capacity to contract further marriages.

Customary marriage remains the most traditional and widely practiced form across Ghana’s various ethnic groups. It is grounded in the customs and usages of the community where the parties come from, rather than in any single written statute. The 1992 Constitution of Ghana, under Article 11(3), recognizes customary law as part of the laws of Ghana, provided it is not inconsistent with the Constitution or statutory law.

Customary marriage tends to reflect the communal and family-centered nature of Ghanaian society. It is not a private affair between two individuals alone; rather, it requires the active involvement and consent of both families. Though customs differ from one ethnic group to another, there are some common elements such as the performance of a knocking ceremony, the payment of bride price, and the giving of mutual consent by the families involved. While the law does not require registration to validate a customary marriage, parties are encouraged to register the marriage under the Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112).

Ordinance marriage, is governed primarily by the Marriage Ordinance, Cap 127, and related statutes, which lay down strict requirements for its validity. The most significant feature of ordinance marriage is that it is strictly monogamous. Once contracted, neither party can validly marry another person during the subsistence of the marriage. Ordinance marriage follows a formal legal process: notice must be given at the district assembly, followed by the issuance of a certificate or registrar’s license, and finally, the marriage is solemnized either in a place of worship licensed for such purposes or at the Registrar’s office. The law requires the public celebration of the marriage in the presence of witnesses and a recognized official. Ordinance marriages are often preferred by individuals who seek certainty and clarity in their marital status, particularly because of the protections it affords against bigamy and disputes over inheritance.

Islamic or Mohammedan marriage is recognized under the Marriage of Mohammedans Ordinance, Cap 129. This form of marriage is available to Muslims and is governed by Islamic principles regarding marriage. It accommodates polygamy, in accordance with Islamic law, and requires the observance of religious rites such as the payment of the mahr (dowry) and the presence of witnesses. The Marriage of Mohammedans Ordinance also contains provisions on the dissolution of marriage, reflecting Islamic divorce practices. This recognition by the state reflects Ghana’s broader policy of accommodating religious and cultural diversity within its legal framework.

In our next publication, we shall discuss customary marriages in greater detail.