Ghana's Marriage Act, also known as Cap 127, has been in existence for over 140 years. The Act, which was originally enacted as the Marriage Ordinance of 1884 for colonial administrators and Christian merchants, has been criticized for being outdated and discriminatory. According to literature, the Ordinance was not initially intended for the indigenous people of the Gold Coast, who had their own customary marriage laws.
The Marriage Ordinance of 1884 was a "legal transplant" imposed on Ghana by colonial administrators. Professor Zabel notes that the initial impetus for its introduction came from administrators in West and East Africa who wanted legislation to address shortcomings in the received English law. The Ordinance did not expressly bar Africans from contracting English marriages, but it was not designed for them either.
Experts argue that the Marriage Act is in dire need of reform. According to Justice Alexander Osei Tutu, the Act is archaic, discriminatory, jurisdictionally confused, and a Trojan Horse for foreign values. The Act has been patched for 140 years, but it still fails to address the needs of modern Ghanaian society. The Marriage Act is essentially the Gold Coast Marriage Ordinance of 1884 wearing a Ghanaian smock.
One of the major issues with the Marriage Act is its treatment of polygamous marriages. Customary marriage and Mohammedan marriage are both potentially polygamous, but the law treats them differently. The registration of customary marriage is optional, and there are no penal consequences for failing to register. This has led to calls for a unified Ghanaian Family Act that is fit for a 24-hour economy and a plural legal system.
The current Marriage Act has a number of leaks that need to be addressed. The Act's colonial origin and imposition on Ghanaian society have resulted in a number of inconsistencies and contradictions. For example, the Act refers to Muslims as Mohammedans, which is seen as outdated and insensitive.
A new unified Family Act could address the shortcomings of the current Marriage Act. The proposed Act would aim to provide a more inclusive and equitable framework for family law in Ghana. It would also seek to address the needs of modern Ghanaian society, including the recognition of customary and Islamic marriages.
The review of the Marriage Act has significant implications for Ghanaian society. A modern and inclusive family law framework is essential for promoting social cohesion and addressing the needs of all Ghanaians. The government is expected to take steps to reform the Act and replace it with a more suitable and equitable framework.
Key points
- The Marriage Act, Cap 127, is considered archaic and discriminatory.
- The Act's colonial origin and imposition on Ghanaian society have resulted in inconsistencies and contradictions.
- A new unified Family Act could provide a more inclusive and equitable framework for family law in Ghana.
