Ghana's intestate succession law 1985 PNDC Law 111: A requiem to Islamic law of succession for Ghanaian domiciliaries?

The Islamic community in Ghana has always been comparatively small. The colonial administration resisted the application of Islamic law in the Muslim community, yielding ground only in matters concerning Islamic marriages and intestate succession for persons whose Islamic marriages had been register...

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Bibliographic Details
Published in:Annual conference
Main Author: Yeboa, K. Y. (Author)
Format: Print Article
Language:English
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Published: Soc. 1992
In: Annual conference
Further subjects:B Islamic law
B Legislation
B Legal norm
B Change
B Muslim
B Ghana Islamic law Muslime Family law Legislation Änderung von Rechtsnormen
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Summary:The Islamic community in Ghana has always been comparatively small. The colonial administration resisted the application of Islamic law in the Muslim community, yielding ground only in matters concerning Islamic marriages and intestate succession for persons whose Islamic marriages had been registered with the government. This partial recognition was promulgated in southern Ghana through the Marriage of Mohammedans Ordinance of 1907, and in 1931 through a similar ordinance in northern Ghana. Section 10 of the Marriage of Mohammedans Ordinance, relating to intestate succession, was repealed in 1985 when the PNDC (Provisional National Defence Council) government reformed the country's law of succession. This article examines whether the introduction of this law (PNDC Law 111) has put an end to the application of Islamic law in the country. The author interviewed some 100 Muslims since the 1985 legislation. He shows that the Muslim community has continued to distribute intestate property according to Islamic law. (Documentatieblad/ASC Leiden)
ISSN:0956-8042
Contains:In: African Society of International and Comparative Law, Annual conference