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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Ghana's intestate succession law 1985 PNDC Law 111: a requiem to Islamic law of succession for Ghanaian domiciliaries?
Author:Yeboa, K.Y.
Periodical:Annual conference - African Society of International and Comparative Law
Geographic term:Ghana
Subjects:law of inheritance
Islamic law
marriage law
Abstract: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 Section 10 of the Marriage of Mohammedans Ordinance, relating to intestate succession, was repealed in 1985 when the PNDC (Provisional National Defence Council) government reformed the country's law of succession.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 in Accra and its surrounding villages in order to determine the actual legal practice among Muslims since the 1985 legislation. He shows that the Muslim community has continued to distribute intestate property according to Islamic law. Notes, ref.