- Customary Law Marriage offers superior protection for women
- Husbands are mandated to support wives and widows financially
- Registration of Customary and Islamic Marriages poses challenges
A Senior Lecturer at the University of Ghana School of Law, Dr. Justice Srem-Sai, has stated that Customary Law Marriage provides better protection for women than Ordinance Marriage. Speaking at the maiden Marriage Governance Conference in Accra, Dr. Srem-Sai emphasized that husbands are mandated to provide maintenance and accommodation to their wives under Customary Law Marriage, a responsibility that extends to his family after his death.
Dr. Srem-Sai cited the Ollennu, Yaotey v Quaye (1961) case, stating, “Now, one of the incidents of marriage under customary law is that the husband is responsible to provide maintenance and accommodation for the wife, and after his death that responsibility devolves upon his family. Consequently, the head of the family is bound to provide maintenance for the widow of a deceased member of the family during the period of the funeral.”
He advised against referring to customary marriage as “engagement,” emphasizing its legal recognition. Dr. Srem-Sai also noted that Customary Law marriages for Akans, Ewes, and other ethnic groups offer better protection to women than Ordinance marriage.
The conference also discussed challenges in registering Customary and Islamic Marriages. Panellists highlighted the importance of registration and the need for amendments to reflect the practices and beliefs of Muslims in Ghana.
The event, organized by MarryRight Ghana Ltd in partnership with the Attorney-General’s Department and the Registrar General’s Department, aimed to promote best practices in marriage governance.
