Marriage, the Law and Pluralism in Ghana

Marriage plays a central role in the conception and idea of family in African societies. As a consequence of the plural legal system in Ghana, there are three types of marriage: Civil, Customary and Islamic. This chapter will examine the impact of pluralism and the extent to which it determines the nature of marriage and its consequences. Notwithstanding this plurality, customary marriages remain the norm with the attendant effects on divorce and intestate succession. Despite some attempts at reform, the law(s) on marriage highlight the tensions between traditional and contemporary conceptions of marriage. The legal regulation of marriage serves to illustrate the limitations of the law, and the challenges this may pose in regard to its recognition and application.

This is a draft chapter/article. The final version is available in Research Handbook on Marriage, Cohabitation and the Law edited by Rebecca Probert and Sharon Thompson, published in 2024, Edward Elgar Publishing Ltd. https://doi.org/10.4337/9781802202656.00014