By the end of this post, the readers should be able
to:
·
Explain the concept of
marriage.
·
Examine the purpose of
marriage.
·
Explain factors to consider
when choosing a marriage partner.
·
Identify the benefits of
marriage.
·
Differentiate between
dating and courtship.
·
Outline the advantages
and disadvantages of dating and courtship.
·
Examine the preparations
that will have to be made before marriage.
·
Explain the need for
premarital counseling.
·
Describe the types of
marriages in Ghana.
·
Explain marriage law and
prohibitions.
·
Analyze the social and
legal implications of marriage.
· Examine factors that contribute to the success or failure of marriage.
MARRIAGE
Commitment between two people to take on roles of
husband and wife.
Marriage may be defined as a union between people
(usually a man and a woman) who agree to unite as husband and wife. It is a
union in which the couple (husband and wife) have gone through all the approved
steps or procedures recognized in the society for such a purpose or union.
In societies such as ours, marriage is usually a union of two families, that is, the family of the man and that of the woman. It is a personal relationship between a man and a woman that involves love, exclusive sex, cohabitation, reproduction and child rearing.
Marriage has both legal and social implications. Legally, it is regarded as a contract, and socially it is a bond or union between two families.
Importance / Significance /Purpose of Marriage (Reasons why People Marry)
People marry for various reasons or purposes. These
include:
(i) Companionship: People marry in order to
provide companionship and support for each other. Marriage solves the problem of loneliness. It gives an
opportunity to the couple to support each other, share ideas and their joy or
good moments together. Marriage therefore helps to reduce the problems of
emotional depression and hardships of loneliness.
(ii) Procreation: Marriage provides a lawful or
legitimate avenue by which new ones are born into the family or community.
Marriage therefore enables society to naturally bring in new members through
legitimate or socially acceptable means. Children born outside marriage do not
receive the respect of the society.
(iii) Sexual
Satisfaction: Marriage provides people a legitimate or lawful means for
sexual satisfaction and gratification. Marriage is the proper way by which the
sexual needs of a husband and wife can be met. It therefore enables the couple
to have a free and socially acceptable sexual relationship.
(iv) Respect and Recognition (Social Status):
Marriage accords the husband-and-wife social recognition and acceptance. It is
a means through which an adult derives respect and recognition in society. In
African societies, men and women who fail to marry are usually frowned on.
(v) Unity: Marriage brings about peace and
unity in society. Some marriage is a group affair involving the families of the
couple, it creates unity among families and society as a whole.
Some Forms of Marriage
(i) Monogamy: This is a form of marriage in
which a person marries one (marriage) partner at a time
(ii) Polygamy: Polygamy is a form of marriage
in which a person is married to more than one marriage partner at the same
time. Thus, it is the practice of having more than one wife or more than one
husband.
(iii) Polygyny: This is a form of marriage
whereby a man marries more than one wife at the same time. It is widely
practiced in Africa.
(iv) Polyandry: This is a form of marriage
whereby a woman marries more than one man (husband) at the same time. It used
to be practiced among the Tonga of Tanzania.
Merits Or Advantages of Polygamy / Why Some People Practice Polygamy
Polygamy is practiced for various reasons. The
following are some of these reasons:
(i) Economic Factor
Some people practice
polygamy so as to have many hands (a large labor force) to help them in the
economic activities such as farming, and even commercial trading. This is
because in Africa, the methods of production are largely labor intensive.
(ii) Religious Factor
In many African
societies superstition is widespread. For instance, in some societies, it is a
taboo for a man to come into contact with a woman during her menstrual period
or even eat food cooked by her. Men in such societies therefore have to marry
more women to serve as reserve so that they can always fall on one when the
need arises. This has given rise to polygamy and hence polygyny.
(iii) Sexual factor
Some people always want to
have sex in rapid succession. Such people cannot live without sex. They
therefore turn to have more marriage partners so that they can be rotating
them. This is mostly common with the men especially where the woman does not
need more sex. This also gives rise to polygamy — polygyny.
(iv) Social Prestige
People such as chiefs
whose positions command a lot of prestige and who can take care of many people
tend to marry more than one wife at the same time so as to have a lot of
children and hence, maintain their respect and prestige within the society.
This is more so because, in African societies, children are regarded as
prestigious gifts from God.
(v) Political Factor
In some societies, a man
who is married to many women or wives and has many children tends to assume
more power. Some men therefore marry many wives or practice polygamy (polygyny)
in order to have more power particularly political power within the society.
Demerits Or Disadvantages /Reasons Against Polygamy
(i) Economic Constrains
Polygamy tends to
place constrains on the budget of the family since it entails the feeding of
more mouths. Men who practice it are therefore mostly economically constrained.
Polygamy has therefore in no small way contributed to the poor nature of families.
It has also made it difficult for families to save
(ii) Jealousies and Conflicts
Because the
number of people in polygamous families is usually large, there is the tendency
to be a lot of friction going on between members. It can be between the man and
his wives because of unequal treatment given to the women by the man — sex and
resources may not be equally distributed among the women by the man. Children
from different women also come into conflict with one another just as their
mothers.
(iii) Health Hazards
There are some diseases
associated with sexual intercourse which can be transmitted from one person to
another during sex. Hence, if one of the women or the man has any of such
diseases, it can be passed on to all the other parties involved in the
marriage. For example, if any of the parties has AIDS, it will be passed on to
every other party involved in the marriage.
(iv) Bad Role Model for Children
Polygamy
serves as a bad role model for children who are brought up in polygamous
families.
(v) Adultery
Polygamy can lead to adultery on
the part of women since the man may not be able to satisfy the sexual needs or
desires of all the women.
(vi) Rapid Population
Polygamy has in no small
way contributed to the rapid population growth in Africa. This has resulted in
a lot of socio-economic problems on the African continent.
Factors to consider when choosing a partner
(i) Love
Love should form the basis for any
marriage. An individual should choose a partner whom he loves. Love may come
suddenly or it may develop gradually. The love that leads to marriage should be
able to stand the test of time.
(ii) Physical attraction
For a successful
marriage, both partners should be physically attracted to each other. Factors
such as weight, size, height, color, size of buttocks, breast, legs and head
could attract people to select a partner.
(iii) Personality patterns
A person should
choose a partner whose lifestyle and personality patterns complement rather
than resemble or replicate his. The partners should be able to tolerate each
other.
(iv) Compatibility
Partners should share
similar interests, likes and dislikes. They should be compatible in as many
aspects of life as possible. For example, they should be compatible in the
choice of clothing, friends, food and beliefs.
(v) Background
Differences in the background
of the partners must be considered. The greater the differences in background
between the two people, the less chance there is of having a successful
marriage.
(vi) Economic security
The young person's
contemplating marriage should ensure that they are economically ready to do so,
that is, they will need to start their own home, make provision for adequate
feeding, etc. It is at least important for the man to be gainfully employed.
(vii) Parental consent
In Ghanaian culture, it
is demanded that the young people must seek and obtain the approval of their
parents before marriage.
(viii) Health
An individual should consider
the health of the partner he intends to marry.
(ix) Character
One should choose a partner with a reputable character. The person should be humble, respectful, modest, generous and above all, God-fearing
(x) It is advisable that couples intending to marry
undergo a genotype examination in a reputable hospital or medical laboratory
prior to marriage.
Benefits of Marriage
(i) Married people are better able to meet their life goals
Married people can pool their economic and financial resources
together and thus better able to meet their life goals or lead the kind of life
they desire. Couples share the cost of housing, furniture, utilities, household
appliances etc. the two can live for the price of one.
(ii) Children generally do better in two parent homes
Children generally are better raised in a two-parent home. They tend
to do better emotionally and academically. They also get more parental
attention and control e.g., Supervision and help in school work. Parents spend
quality time with each child.
(iii) Married people live longer
As compared to single people, married people live
longer because they have emotional support from their partners. By pooling
their economic resources together, they have more economic resources available
to them and are under less economic pressure.
(iv) Married people tend to lead a healthy lifestyle
Married couples tend to lead a healthier lifestyle in terms of
housing, emotions, nutrition and communication and are better able to avoid
harmful or dangerous behaviors such as alcoholism, interpersonal cultists,
loneliness and depressions.
(v) Marriage provides security to the couple and the children.
(vi) Marriage provides an opportunity to develop an intimate sharing relationship.
Dating and Courtship
Dating
Arrangement made
by a boy or a girl to go out with a member of the opposite sex for fun and
which may also lead to mate selection.
Dating may not necessarily lead to marriage. It is
just for fun. And may involve other people e.g., friends going out together.
Courtship
It is a period in which couple are involved in a romantic relationship which
will lead to marriage. Courtship is a relationship which leads to marriage. It
is a
period, when young people intending to marry move
about together and get to know each other. During this period they think
carefully and deeply about how they can get on with each other. They study each
other's behavior, moods, likes and dislikes. They also learn about each other's
family background and do a lot of things together. It is a period that affords
them the opportunity to find out the extent to which they really love each
other. Courtship often differs with cultures and even with families. Whatever
practice is adopted, courtship should be marked with the two persons really
understanding each other. People intending to get married should know the
factors to consider in choosing a partner and look out for them during
courtship.
Courtship is therefore a period when the couple make
up their minds to marry. Couples have formal permission from parents to marry.
There is intensive interaction. Dating includes:
(i) Entertainment
and recreation
(ii) Friendship
and companionship i.e., a chance to share activities
(iii) Learn
social skills
(iv) Personal
development
(v) Learn
gender roles. How man/woman react to each other
(vi) Giving
and receiving love
(vii) Provides
the chance to meet a suitable person
(viii) Share
interests, feelings and opinions of each other
Advantages of Dating and Courtship
(i) Help
the couple to learn about each other and themselves
(ii) Evaluate
each other and their relationship
(iii) Learn
about the opposite sex
(iv) Determine
the characteristics that are best in the individual and for the partner.
(v) For
enjoyment; couple relaxes.
Limitations of Dating:
(i) May
lead to intimacy not necessarily commitment
(ii) Skips
friendship which is the foundation for stable relationship in marriage
(iii) Dating
may focus on romantic attraction and lasts only when feelings remain
(iv) Focuses
on enjoying love and romance
(v) Mistakes
physical relationship for love
(vi) Takes
a lot of time from the young couple and may distract them from their
responsibilities e.g., learning.
Preparation Before Marriage
After courtship, the young persons who have decided
that they want to live together as husband and wife introduce themselves formally
to each other's family. Both families then get to know each other. The
procedure for such an introduction is different with cultures.
Engagement
Engagement is a stage often marked with the public
announcement by partners of their intention to marry. It is often by a man that
he wishes to marry a woman. The engagement period is designed to test and prove
the suitability of the match before it is made final.
Purposes of Engagement
(i) Engagement places the partners as a pair in their
own eyes, and in the eyes of both families.
(ii) It gives the two persons an opportunity to act as
a pair and to think of themselves as such. They learn how to work together in different
situations.
(iii) They learn to communicate better than they ever
had. They not only learn to communicate love, they also communicate thoughts,
moods and negative emotions.
(iv) During the engagement period, partners explore
each other's experiences and personalities.
(v) It gives the partners an opportunity to plan
specifically for the marriage. They can plan how money will be earned and
spent, where they will live, the number of children they will have, etc.
(vi) During this period, love is likely to deepen and
broaden. This leads to a feeling of confidence in each other and a conviction
that the right choice has been made.
Importance/Need for Pre-marital Counselling
(i) It helps to develop skills that improve and focus
on communication and problem solving
(ii) Small group discussions help to air mutual
issues.
(iii) Discusses problems that can hinder marriage
stability e.g., finances.
(iv) It helps couples to examine their attitudes
towards each other.
(v) It helps to explore conflicts and learn to resolve
conflicts.
(vi)It helps couples to explore the strength of their relationships and growth areas.
Types Of Marriage in Ghana
Marriages are generally classified according to the process involved in getting married. There are three main processes involved in getting married in this country. These processes have given rise to three types of marriage which include customary marriage, religious marriage (Christian and Islamic marriages) and Marriage under the ordinance.
Customary Marriage
Customary marriage forms the basis of all marriages in
Ghana. The consent of the parents of both parties is considered very important
or significant. Customary marriage is a marriage contracted under the customary
law. Customary law permits polygyny, that is to say, a man can marry more than
one wife at the same time. it however does not permit polyandry, that is to
say, a woman cannot marry more than one husband at the same time. Under the
customary marriage and divorce law passed in 1985, customary marriages have to
be registered by the District Registrar of Marriages.
Customary payment (Dowry or Bride wealth) when
accepted, signifies the consent of family members to the marriage. The bride
wealth is meant to compensate the parents of the girl for the loss of the
services of their daughter. It is not a price paid for the woman. Thus, payment
of the bride price does not mean that the woman has been bought. Marriage
payments or demands differ from society to society. Despite the differences,
drinks and cash are universal. However, in the Northern parts of Ghana,
kolanuts are added while for some parts of Northern Ghana, drinks are not very
much emphasized due to the influence of Islam.
importance of the Bride Price
(i) The bride price signifies the consent of the
family members to the marriage. It signifies a formal parental or family
approval to the union of the two individuals concerned as well as their
families.
(ii) The bride price is also meant to compensate the
parents of the girl for the loss of the services of their daughter and for
nurturing their daughter for years.
(iii) The bride price is further regarded as a means
of sealing the marriage bond between the couple and their families. Its payment
legalizes the marriage and makes it valid.
(iv) Payment of the bride price confers honor and
prestige to the bride, the family and the community she hails from.
(v) Payment of the bride price helps stabilize the
marriage or discourages divorce. A broken marriage or divorce arising from
indiscipline or misbehavior on the part of the woman would lead to a refund of
portion or all the bride price.
(vi) It also demonstrates or shows how the family of
the bridegroom places high value on the bride. This is because the items used
for the payment of the bride price are quite substantial in monetary terms.
Christian Marriage or Solemnization
In order for a church marriage to be regarded as
legal, it must follow the provisions of the marriage ordinance. This means that
all necessary documents pertaining to the marriage must be filed and a license
obtained from the registrar of marriages. The priest who celebrated the
marriage must be legally recognized, the premises of celebration must be a
registered one and the celebration must be within the time frame permitted by
law (between eight o'clock in the morning and six o'clock in the evening). Before
Christian marriage all customary laws must also be satisfied. Hence, before
Christian marriage there should be the satisfaction of all conditions related
to customary marriage and the registration of the marriage in the court or
district council. Christian marriage does not permit polygamy, it is
monogamous. Monogamous marriage is the marriage practice of one man to one
woman for life.
Islamic Marriage
Islamic marriage which is recognized by the state is
contracted by Muslims under or according to Islamic law or tradition. The
rights and duties of the man and the woman are governed or regulated by Islamic
law. The state however makes it possible for Islamic marriage to be registered
after it has been celebrated under ordinance. Some Islamic marriages also take
place after the requirements of customary marriage are satisfied. Islamic
marriage allows polygyny since a man can marry more than one wife at the same
time. Islamic marriage ceremony must conform to Islamic law and tradition.
Church Blessing
This is the blessing of a marriage contracted under
customary law by the church. It is not an Ordinance marriage and does not have
any legal support. The object of a church blessing is to give the union the
approval of the Christian church. The vows the parties take signify the
intentions of the parties, especially the man, to remain monogamous. It is
important to explain to the parties concerned the exact nature of the
relationship to avoid misunderstanding upon the death of the man. The man's
wife does not automatically have any claim to the man’s estate.
Marriage Under the Ordinance
Marriage under ordinance is also termed civil
marriage. It may be defined as "the voluntary union for life of one man
and one woman to the exclusion of all other". A man married under
ordinance may not lawfully marry another woman under any law except upon the
divorce or death of his wife. Marriage under ordinance was introduced into this
country by the British in 1884. The union or marriage is registered at the
Registrar General's Department or the office of the District Assemblies and law
courts.
Features of Marriage Under Ordinance
(i) The parties must obtain and complete a form
declaring their intention to marry, from the Registrar of Marriages. That is,
their consent is needed.
(ii) Twenty-eight days to three months after the
application, the registrar will issue a certificate of authority. Thereafter, a
date can be fixed for the marriage within three months.
(iii) The marriage ceremony can be performed by the
District Registrar of Marriages or in a church authorized to do so by a
qualified priest.
Marriage Laws and Prohibitions
(i) Marriage
is for a life time. It is a lifelong commitment till death do you part.
(ii) Marriage
is by mutual consent of the couple not by force
(iii) Marriage
is prohibited between close blood relations
(iv) Marriage
should also be with parental consent.
Advantages / Importance / Benefits of Marriage under the Ordinance to the Couple
(i) It
discourages divorce among couple and therefore ensures security of marriage for
both the man and the woman.
(ii) It also discourages polygamy marriage and its
attendant problems because none of the couple especially the man can marry
another woman under this system.
(iii) Documentary evidence of the marriage is
provided. That is, a marriage certificate is normally produced to confirm that
the couple are married.
(iv) Interference from extended family members is
reduced to the minimum
(v) Marriage under ordinance is recognized by the laws
of the country. It therefore provides
legal recognition to the marriage by society.
(vi) In
times of death, it minimizes litigation over inheritance of property.
(vii) The
courts are responsible for settling issues of property sharing and the custody
of the children, in case of any divorce.
Social and legal implications of Marriage
Marriage In Ghana is both a social and legal bond. It
is a social bond because it involves other people besides the couple, such as
the families of the man and the woman. It has often been emphasized that in
Ghana, marriage is between two families rather than between two individuals. It
is a legal bond because it is regarded as a contract with legal implications.
There are, therefore, rules regulating how it may be contracted and by whom.
Customary marriage is regulated by customary law, Islamic marriage by Islamic marriage
law and Civil/ Ordinance marriage by legislation.
Marriage by Residence
Marriage can also be described according to the residential status or residence of the couple (where the couple are putting up). Under this criterion of describing marriage, there are essentially four types of descriptions in this country:
Patrilocal Marriage
Patrilocal marriage is a type of marriage in which the couple lives in the father's compound of the husband. Under this type of marriage, the wife leaves or moves from her parents and stays with the man or husband in his father's compound. This type of marriage is predominant in Northern Ghana (among the Dagaaba, Dagomba, Sissala and Mamonusi societies)
Matrilocal Marriage
In the case of matrilocal marriage, the couple lives with the family or kin
group of the woman or wife. Here, it is rather the man or husband who moves to
join the woman or his wife in the compound of her family. This type of marriage
is predominant among some matrilineal societies in the country such as the
Akans.
Duolocal Marriage
Under duolocal marriage, the couple continue to live separately in their respective
natal homes (homes to which they have been given birth) after the marriage.
This practice is common among the Gas of Southern Ghana.
Neolocal Marriage:
Under this type of marriage, the
couples establish their own home and move in there to live together.
Factors that Contribute to Successful Marriage
(i) Age at marriage
Marriage is for matured
and older people. Therefore, people who are socially, emotionally economically
and religiously matured are more likely to be successful than teenagers or
adolescents. Matured people are likely to have less financial problems than
teenagers.
(ii) Adequate preparation
This involves the partners knowing each other to enable them make necessary adjustments when the need arises. Individuals must be sure of their readiness to want to marry. They should go for counselling and have enough information about marriage and its implication or consequences. This will make them competent in managing their home, money and taking good care of their children.
(iii) Good/Effective Communication
Effective
communication between the spouses is important to ensuring successful marriage.
Effective communication means that couple should openly share ideas, problems,
opinions and must be ready to share feelings openly and moments of joy and
sorrow.
(iv) Trust and mutual respect:
Couples should
show sympathy, tolerance and ability to adapt to situations. They must trust
each other and show respect to each other's opinions.
(v) Equality in relationship
Couples must
understand that marriage is a lifelong institution. To stay happily in
marriage, couples must have mutual respect for each other and be able to take
decisions that affect the family e.g., the number of children they would like
to have.
(vi) Financial stability
Married couples
should have the financial strength or generate enough income to take care of
their basic needs of food, shelter, clothing and health care. It is therefore
important for at least the man to be gainfully employed.
(vii) Love each other
Love should form the
basis for any marriage. The love that leads to marriage should be able to stand
the test of time.
(viii) Economic security
Young person's contemplating marriage should ensure that they are economically ready to do so; they will need to start their own home, make provision for adequate feeding etc. They need to have jobs to generate regular income.
Factors that Contribute to Marriage Failure
Many factors contribute to marriage failure. Among
them include:
(i) Religious Differences
When couples belong
to different religious denominations or groups, they are likely to be
confronted with this problem/ challenge. They are likely to disagree on many
issues relating to life and this could have a negative impact on the marriage
or divorce.
(ii) Financial Problems
The couple may not
have enough/adequate funds to run the home. The inability of the man to provide
money to cater for basic things like food and clothing puts the marriage under serious stress. It results in
anger and unhappiness and thus divorce.
(iii) Childlessness
The inability of the wife
and husband to give birth to children could bring bitterness, anger and
frustration in the marriage. In our society, childlessness is regarded as a
curse and sterility and barrenness is frowned upon. Therefore, the inability of
the couple to give birth could lead to divorce.
(iv) Sexual Incompatibility
Inability or failure on the part of one of the couples to satisfy the sexual needs or desires of the other marriage partner. Therefore, marriage breakdown may occur when one partner fails to derive/obtain sexual satisfaction from the other.
(v) Interference from In-laws
Unnecessary
interference from in-laws which tends to create unhealthy relationships and
conflicts culminating in marital failure. Where in-laws interfere in the
affairs of married couples, denying them of their privacy and independence, it
could lead to marriage breakdown.
(vi) Lack of Effective Communication
Inadequate or even lack of effective communication or free flow of information
between the couple could lead to conflicts and subsequent breakup of marriage.
Effective communication or free flow of information help correct misconceptions
and solve many problems or misunderstandings in marriage.
(vii) Infidelity or unfaithfulness
Especially
adultery on the part of the woman and/or the man can result in the breakdown of
the marriage. Where the man or woman flirts outside the marriage, one may feel
disgraced and will like to end the relationship. (viii)Disagreement on family
size: While one of the couples may want a large family size, the other may want
a small family size.
(ix) Sex Differences of Children
One of the couples
may prefer male children while the other may prefer females.
Problems/Effects of Divorce or Breakdown of Marriage
Marital failure or breakdown of marriage will result
in broken homes with the following attendant consequences or results:
(i) Child Delinquency
Children may indulge in
criminal acts due to inadequate parental control. Children become wayward and
uncontrollable and may resort to armed robbery and other acts of indiscipline
as a result of neglect by parents due to divorce.
(ii) Drug or substance abuse
Children from
broken homes resort to or take to the consumption of drugs such as cocaine,
marijuana, heroin and alcoholic beverages in order to cope with the
difficulties and frustrations caused by the divorce.
(iii) Single Parenthood
This is another
serious effect of broken marriages. When couples separate, the children are
normally taken care of by one of them, that is, either the man or the woman.
The absence of one partner means the one in-charge or who takes care of them
would have to play the role of both parents. This puts a lot of pressure on the
parent.
(iv) Teenage Pregnancies
Girls from broken
homes are likely to fall victims of sexual harassment. The result of this is
early and unplanned pregnancies as well as marriages. Inadequate fending for
girls and financial pressures may compel them to offer themselves to men for
money.
(v) Child abuse
Some children may have to work
in order to fend for themselves.
(vi) There will also be an increase in social vices
such as prostitution and armed robbery as a result of fallen moral standards
due to lack of proper upbringing of children.
(vii) Increase in the number of street children as a
result of lack of parental care.
(viii) Indiscipline at home due to inadequate parental
care, control and training.
(ix) Increase in the number of school dropouts as a
result of lack of parental care
These challenges pose a great challenge to the
stability of the marriage. Hence, the couple should stay firm and understand
each other. The couple should also seek guidance and counselling from competent
sources, when necessary, in order to save the marriage from breaking up.
How to Overcome Some of the Challenges in Marriage
(i) Tolerance, understanding and effective communication on the part of the couple or each spouse is needed in order to overcome the problem or challenges they are facing.
(ii) The couple should discharge their duties or
responsibilities effectively. They should be totally committed to their
responsibilities
(iii) Marriage counselors and pastors should be
contacted or consulted for advice or guidance.
(iv) The couple should be content with what they have
and with each other.
(v) The couple should be transparent in all their
dealings. They should be open, honest and truthful to each other.
(vi) In-laws may be called upon to intervene. They can
guide and counsel the couples to save marriages.
(vi) The couple should be adequately prepared before
marriage.
Family Systems (Inheritance)
The commonest forms of inheritance in Ghana include
the following:
(i) Patrilineal or Paternal Inheritance
This
type of inheritance is practiced by people such as the Dagaba, the Gas, the
Dagombas, Ewes etc. Under this system of inheritance children succeed their
biological fathers. The property of the deceased is shared among the children
with the greatest part going to the eldest son. Where no sharing of the
property takes place, the eldest son takes care of it. Paternal inheritance is
inheritance through the father's line.
(ii) Matrilineal or Maternal Inheritance
This
is a type of inheritance is practiced by people who trace decent to their
mother's line. In a matrilineal society, children do not succeed their fathers
since they do not belong to them. Under this system of inheritance, the man is
inherited by brothers from his mother's line. He is usually succeeded by the
eldest of them all. In the absence of any brother, he can be succeeded by his
nephew. In the absence of a brother, cousin or nephew, his sister has the right
of succeeding him. In the case of a dead woman, her sister succeeds her. Where
there are no sisters, mother inherit their daughter. In Ghana, Matrilineal
inheritance is practiced by the Akans. Matrilineal inheritance is inheritance
through the mother's line.
The Intestate Succession Law
(PNDC LAW 111/112, 1985) The problems and difficulties
created by the traditional system of inheritance gave birth to the enactment of
the intestate succession law (PNDC Law 111, 1985). For instance, under the
traditional system of inheritance particularly the matrilineal system of
inheritance, when the husband dies, the wife and children may suffer from
injustice with regards to the distribution of his property.
Note that the intestate succession law is applicable
in a situation where a person dies without making a will or in a case where a
will made by a deceased does not cover all his property. The provisions of the
law apply to all persons who die on or after the law has come into force
without leaving behind a will for the distribution and management of their
respective properties or estates.
Under the law, the property of a deceased who dies
intestate is distributed as follows:
(i) Where the deceased dies intestate leaving a spouse
or/and a child, the spouse or child or both as the case may be, will be
entitled to take all the household chattels of the deceased. Household chattels
include clothes, furniture, books, television, refrigerator, motor vehicles,
sounds system, cooking utensils, etc.
(ii) Where the deceased leaves behind a house, the
spouse and children will be entitled to the house. Where he has more than one
house, the spouse and children will be entitled to the house of their choice
and in the case of any indecision, the high court will determine which one of
the houses should go to them.
(iii) Whatever property of the deceased that remains
after the household chattels and one house goes to the spouse and the children,
is referred to as the RESIDUE.
The residue is distributed as follows
(according to the provisions of the law):
(i) Where the deceased leaves behind a wife and
children, the residue will be distributed as follows:
3/16 of it will go to the spouse
9/16 goes to the children
1/8 will go to the parent(s)
1/8 of the residue will be distributed according to
customary law
(ii) Where there is no parent, then 1/4 of the residue
is distributed according to customary law.
(iii) Where the deceased left behind the spouse but
not child, the residue is distributed as follows:
1/2 will go to the spouse
1/4 of it will go to the parent(s)
1/4 will be distributed according to customary law
(iv) In case there is no surviving parent, the h of
the residue is distributed according to customary law.
(v) Where the deceased is survived by a child without
a spouse, the residue is distributed as follows:
3/4 of it will go to the surviving child
1/8 to the surviving parent(s)
1/8 according to customary law
(vi) In case there is no surviving parent, then 1/4 of
the residue is distributed according to customary law.
(vii) Where there is a surviving parent(s) but no
surviving child and spouse,
3/4 of the entire property goes to the parent of the
deceased and 1/4 is distributed according to customary law.
(viii) Where there is no surviving spouse, child and
parent, the entire property of the deceased will be distributed according to
customary law.
(ix) In case the deceased is survived by no parent,
spouse nor child, his entire property will go to the state given that the
deceased is not subject to customary law. However, any person who was
maintained by the deceased or who was closely identified with the deceased may
apply to the high court to be maintained out of his property or estate.
(ix) Where the residue of the deceased is worth less
than $50,000.00, the spouse and the children if alive would take the entire
estate or property.
(xi) If the deceased is survived by only a parent,
he/she would be entitled to the whole estate given that the value of the estate
is less than the above stated amount $50,000.00).
Note that the right of the children to inherit the
property does not depend upon the registration of the marriage of the parents,
but the right of the spouse to inherit the deceased under the law does depend
on the registration of the marriage.
Note also that anybody who interferes or unlawfully
deprives any other especially the wife and children of the deceased of the use
of the property of the deceased before the distribution of the property commits
an offence. This offence is punishable by law and the offender is liable to a
fine of $5,000.00 or an imprisonment for a term not exceeding six months.
Examination Questions and Suggested Solutions
1. State and explain four differences between Islamic
and ordinance marriage
(i) Age: Islamic marriage allows child betrothal and
early marriage whilst under ordinance marriage, the persons coming together as
husband and wife must be of the legal age.
(ii) Whiles Islamic marriage allows for polygamy, a
man should however not marry more than four wives, ordinance marriage is
monogamous, that is, it only permits the marrying of one woman.
(iii) In Islamic marriage no legal documents are
required from the courts, but in ordinance marriage, a license must be obtained
from the registrar's office.
(iv) Islamic
marriage requires that the ceremony conforms to Islamic laws and traditions,
whilst in the case of ordinance marriage the ceremony must be carried out by a
registrar, priest or lawyer.
2.a. What is child labor?
It involves
engaging children under the age of 15 years in income generating activities or
gains to their detriment e.g., house help, hawking, cart pushing, etc.
b. State two reasons why child labor laws are
difficult to enforce
(i) Parents of
the children usually engage them in these activities of hawking, trading, cart
pushing, etc.
(ii) Children
must work to contribute to household income, for their own up keep etc. because
of economic situation of the family.
(iii) Some
of these children are engaged in fishing, farming, mining etc which take place
in the hinterland and thus very difficult to trace and find out. Some of them
work to raise money to pay their school fees.
(iv) There
is no clear definition of what is considered excessive and exploitative.
c. Describe or explain four ways in which a child's
development can be hindered
(i) Child's
education is hindered leading to inability to develop intellectually.
(ii) Child
may not develop the required and appropriate skills for life.
(iii) Excessive
abuse and exploitation may affect the child emotionally.
(iv) The
physical growth of the child may be stunted because of poor nutrition.
(v) The
child may not be prepared psychologically for adulthood. Once they earn money,
they think they are adults and tend to leave as such (as adults).
(vi) The
child is also exposed to a lot of
health and other hazards.
(vii) Child may
also be exposed to prostitution or sexual abuse which may lead them to
contracting various diseases e.g., STDs.
3.a. Outline the main ideas in the Intestate
Succession Law in Ghana. (1995)
The Intestate Succession Law has been promulgated to
equitably distribute the property of a person who dies without making a will.
The law ensures that:
(i) The living spouse and the children are entitled to
household chattels.
(ii) The law states that when the intestate leave
behind a house, the living spouse and the children are entitled to it.
(iii) Surviving parents, are also entitled to some
portion of the property.
(iv) The living spouse and the child or children shall
be entitled to all the estate, if it is worth less than fifty thousand cedis.
(v) All children regardless of whether their mothers
have been properly married or not, must benefit or are entitled to their share
of the property.
4a.i. What is marriage? (2005)
Marriage is a union between a man and a woman who
agree to live together as husband and wife having gone through the necessary
procedures.
ii. What is the importance of marriage in the society
(give two points)
(i) Marriage provide companionship to the married
couples by avoiding loneliness.
(ii) Marriage helps to create a good
foundation to give birth to healthy and good children
who are socialized to fit into the larger society
(iii) It provides a recognized and stable source of
sexual satisfaction for both partners
b. Differentiate between the following:
i. Husband - wife relationship and parents - child
relationship
ii. Family of orientation and family of procreation
iii. Nuclear family and extended family.
iv. Islamic marriage and ordinance marriage
(i) The relationship between husband and wife is
marriage whilst that of parent and child is blood
(ii) Family of orientation is the family into which an
individual is born consisting of self, sisters, brothers and parents while
family of procreation is the family a person starts / creates after leaving the
family of
orientation. It consists of self, husband/ wife and
children
(iii) The nuclear family is made up of a man, his wife
and children. Extended family include parents, children and other relations e.g., aunts, uncles,
cousins, grandparents, nephews, nieces, etc.
(iv) Islamic marriage is contracted in ways stipulated
by Islam. Moslem
men are each allowed to marry up to four wives
(polygamy). Marriage under ordinance does not allow a man to marry more than
one wife and often, legal requirements are involved under ordinance marriage.
5.a. What is the main difference between a polygamous
marriage and a monogamous marriage? (2008)
Monogamous marriage is a form of marriage in which a
man takes only one woman as his wife or a woman takes only one man as her
husband whereas polygamous marriage is a form of marriage in which a person
marries two or more spouses at the same time
b. State three factors that will contribute to
i. A successful marriage
(i) Adequate preparations
(ii) Effective communication
(iii) Hard work
(iv) There should be love and attention
(v) Trust for each other
(vi) Respect for each other
(vii) Good financial standing of the couple
(viii) Faithfulness
(ix) Love and loyalty
(x) Sexual satisfaction
b. State three factors that will contribute to
ii. An unsuccessful marriage
(i) Unfaithfulness
(ii) Inadequate
or lack of adequate financial resources to provide basic needs
(iii) Lack
of affection and love
(iv) Disrespect
Incompatibility
(vi) Lack
of understanding
(vii) Interference
from in-laws
(viii) Poor
communication
(ix) Mistrust
(x) Infertility and barrenness
6.a. Explain five factors that contribute to failure
in a marriage (2009)
(i) Lack of effective communication: Between married
couples can easily lead to failure in marriage (or conflict) Married couples
who cannot communicate freely and solve their problems together are likely to
have problems in their marriage.
Lack of
affection, love and trust. When there is no love and affection in the
relationship, the marriage will fail.
Where the couples suspect each (other) partner of infidelity, the love
they have for each other will diminish.
(iii)
Childlessness or infertility: Childlessness is regarded as a shame and a curse
in our traditional system. It brings about frustration and bitterness and this
can lead to divorce
(iv) Unfaithfulness / adultery: Sexual unfaithfulness
on the part of husband or wife can lead to problems and divorce
(v) Inadequate provision of basic needs of the family
may lead to quarrels or conflict
(vi) Religious differences: If couples do not belong
to the same religion, they may disagree on many issues or things relating to
life or when the woman refuses to join the man's religion it can
disturb the stability of the marriage.
(vii) Lack
of respect, understanding and tolerance
(viii) Gross
misconduct or misbehavior in public.
(ix) Sexual
incompatibility: If a man or woman cannot satisfy his/her partner sexually,
this may result in either partner indulging in extra-marital sex.
7.a) What is the difference between civil or
ordinance marriage and church blessing
Civil or ordinance marriage is contracted by
legislation and states the rules which are applicable toe such marriage.
Marriage under the ordinance is monogamous, that is it only permits the
marrying of one woman to one man at any particular time. This marriage is
derived from a colonial law-ordinance.
Church blessing on the other hand is the blessing of a
marriage contracted under customary law by the church. It is not an ordinance
marriage and does not have any legal support. The object of a church blessing
is to give the union the approval of the Christian church.
b State four qualities parents look for in a prospective son-in-law or daughter in-law.
(i) Physical and mental health status of partner.
(ii) Respect
for in-laws.
(iii) Economically dependent (or partners ability to
earn incomes or be financially sound).
(iv) No incurable or contagious diseases in either
family e.g., TB. Leprosy, madness
etc.
(v) Whether
partner is hardworking.
(vi) Whether
he/she is respected or respectable in the community.
(vii)Whether he/she is fertile-ability to have
children.
7.c) Identify five factors and explain why these have
contributed to the increase in the divorce rate in the country
(i) Inadequate preparation for marriage as a result of
an early marriage or lack of pre-marriage counselling.
(ii)Unnecessary interference from in-laws which tends
to create unhealthy relationships.
(iii) Lack
of effective communication which
leads to conflicts between couples.
(iv) Inadequate
provision of basic needs for the family.
(v) Lack
of affection, love, trust and respect.
(vi) Unfaithfulness
(vii) Infertility-inability
to have children.
(viii) Inability to satisfy partner sexually.
8. State four (4) factors that can contribute to
marital failure and suggest two ways by which each factor can be avoided.
Contributing factors |
Ways of avoiding marital failure |
Interference of in-laws, other relatives and friends |
i. Couples should learn to solve their own problems. ii. In-laws,
relatives and friends should be treated equally. iii. Couple must
also trust and respect each other. |
Inadequate preparation for marriage |
i.
Couple must
have adequate counselling. ii.
They must
be matured physically, mentally and emotionally before getting into marriage. iii.
They must
have investigated the background of each other to find answers for certain
questions. |
Lack of effective communication |
i.
Effective communication helps minimise
misunderstanding and suspicious. ii. Couple must
also learn to appreciate each other's effort. |
Infertility
childlessness /barrenness |
i. there should be counselling of the couple. ii. Medical check up even before marriage. iii. There should be sympathy and affection. |
unfaithfulness |
i.
Couple should trust, love and respect each other. ii.
They should stand stead fast to each other. |
Examination Questions
l.i. What is marriage?
ii. What procedures should be followed when
contracting customary marriage?
2. State four important pieces of information that an
intended couple need to have about each other before becoming committed.
3.i. What do it mean to die intestate?
ii. Discuss two consequences of a father from a
matrilineal system of
inheritance dying intestate.
4.a. Define the term dating
b. State three reasons why dating is important.
c. State three disadvantages / limitations of dating (May
2012)
5.a. Explain marriage in Ghana as a
i. Social bond
ii. Legal bond
6. What is the importance of the intestate succession
law in Ghana
a. Outline five main ideas in the law
b. State three factors that contribute to successful
marriage
7. State and explain four factors that can contribute
to marital failure
a. What is marriage
b. State four importance of marriage
8. Write short notes on the following
a. Islamic marriage
b. Customary marriage
c. Marriage under ordinance
9. a. Distinguish between dating and courtship
b. Explain five advantages of dating and courtship.
10. Explain five causes of early marriage.
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