A Comparative Overview of Islamic and Secular Laws Regarding Marriage, Divorce and Inheritance: A Case Study on Ghana

Abstract

This study on the Comparative Overview of Islamic and Secular Law on Marriage, Divorce and Inheritance: A Case Study on Ghana, was conducted with the aim of ascertaining some of the challenges confronting Ghanaian Muslims in their attempt to practice Family Law in Ghana. The researcher conducted primary research in the form of structured interviews with selected Muslim scholars within Greater Accra and Eastern Regions of Ghana and with selected Legal Practitioners within the Greater Accra region of Ghana. In addition to the above, the researcher conducted secondary research which looked at the theoretical foundations of both systems and also an empirical overview which relied heavily on Fiqh manuals and relevant Ghanaian Laws to the area under study. The study revealed a number of challenges affecting the Ghanaian Muslim Community among which include: Issues of Muslim Marriage registration, Issues of Inheritance as well as the Lack of Islamic Institutions to enforce Muslim Family Law. Analyses were made and recommendations given to enable Ghanaian Muslims overcome these challenges and to also help them understand Islamic Law and Ghanaian Law better. This I hope will help present both Legal systems to Muslims and Ghanaians in general by reducing or possibly eliminate the proliferation of misunderstandings regarding both Legal systems.