Marriage

The Ghana Law Reform Commission established in 1968 was given the task of reviewing statutory and customary laws and suggesting reforms. Its first programme identified inheritance and marriage law as among the main areas requiring attention. Among the successes of the Commission are counted the Maintenance of Children Decree 1977 and Intestate Succession Law 1985. The Maintenance of Children Decree establishes Family Tribunals to hear complaints about maintenance of children during the subsistence of marriage and after divorce. The Intestate Succession Law provides protection for children in communities where they are not entitled to shares of their deceased parents� estates. The unification of family laws was identified in its 1996 report as a goal of the Commission. To that end, the Commission outlined a plan to assess the application and efficacy of existing legislation through questionnaires to be drafted in co-ordination with women�s groups and NGOs.

In Ghana, marriage is constructed according to the custom of ethnic group of which the couple live. Usually this includes a religious ceremony and a civic registration ceremony commonly known as a wedding. Generally, marriage in Ghana is recognized as a union between a man and a woman with the knowledge of both families of the bride and the groom. In the Volta region of Ghana area, marriage is a union between a man and a woman who agree to live together as husband and wife and have gone through all procedures recognized in the society for such a purpose.

In Ghana, the purpose of marriage is to provide companionship for the couple, the means to offer support for each other, and a legitimate avenue for sexual satisfaction and reproduction. Marriage is usually a group affair which involves not only the immediate relatives of the couple but more distant kin folk.

However, in selecting and accepting a potential spouse, certain important conditions have to be met. Members of each family are screened for incurable or contagious diseases, criminal backgrounds, violent behavior, respectfulness, employment status or standard of living, and religious background. Generally, many Ghanaians prefer a spouse who is hardworking and respectful, peaceful (not violent or do not advocate violence), and of the same or compatible religious background. Christians and Muslims do not generally intermarry. However, conversions from one religion to another is preferable prior to marriage.

There are three-(3) primary criteria in classifying the marriage process:

1. Customary marriage

2. Civic Registration

3. Religious marriage

The Islamic marriage ceremony conforms to the Islamic law and traditions. According to Muslim traditions, parents arrange a suitable partner. Compatibility is not considered important, the choice is entirely in the parents hand.

Customary marriage forms the basis of all three-(3) types. Inquiries are made by both families to ensure the the family of the prospective son-in-law or daughter-in-law is respected. Usually violent behavior, immorality, witch craft, incurable or contagious diseases, and insanity in a family are not approved. The customary rites or marriage ceremony, as practiced by the woman's ethnic group, are performed by the man's head of family, by the father or uncle or any member of the family who is recognized by the community as honorable.

Presentation and acceptance of drinks and gifts known as dowry bride wealth signifies the consent of family members to the marriage. It is also a sign or a token of support for the marriage and is used to compensate the parent for the loss of the services of their daughter. The dowry or the bride wealth does not represent the prize at which the woman has been sold to the man.

Customary marriages differ among societies. Despite the differences, drinks and cash are widely used. Although cash is involved in the northern part of Ghana, drinks and cola are also used. One characteristic of customary marriage is that it allows polygamy thus it allows the man to marry more than one woman. However, Christains who complete a religious marriage usually abide by the biblical principle of "one man one wife".