Wives are better protected under customary marriage- Srem-Sai
By Richard Osei Boateng
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According to him, a comparative analysis of the ordinance and customary marriages shows that the latter gives wives every benefit they can get under the ordinance in addition to others that are exclusive to it.
A private legal practitioner and lecturer at the University of Ghana School of Law, Dr Justice Srem Sai, has asserted that customary law marriage better protects the welfare of women than the ordinance.
According to him, a comparative analysis of the ordinance and customary marriages shows that the latter gives wives every benefit they can get under the former in addition to others that are exclusive to it.
He said that contrary to views and assertions held by many, ordinance marriage is not superior to customary and that whatever one will get as of right under the Constitution, will not be based on being married under ordinance or customary law.
“The effect of this is that when you do the analysis, it appears that customary law marriage gives a better protection and that there is no protection that you will get under ordinance marriage which is not available under customary marriage
That is because the constitution itself does not distinguish between ordinance marriage and customary law marriage when it comes to spousal property rights. It simply uses the word spouse.”
Speaking at the maiden Marriage Governance Conference organized by Marryright Ghana Limited, the astute academic noted that when a husband dies under customary law, his full responsibilities towards the wife transfer to his family until she finds another husband.
The Conference which was the first of its kind was held at the British Council on August 27 and saw the attendance of several astute personalities in the legal sector, lecturers, renowned counselors, pastors, and students.
This year’s focus was on “Empowering Partnerships: Collaborative Solutions towards Effective Marriage Governance.”
Additionally, he said that under customary law, husbands are mandated to provide maintenance to their wives, which is a very solid ground for divorce.
In further emphasizing the points to dispel the misconceptions, Justice Sai said that the fact that customary marriage is potentially polygamous does not mean that it gives less protection to women and that ‘ there is no provision in the constitution that gives a better standing to one who is married under ordinance over someone married under customary law.”
