As already discussed under the Patrilineal System of Inheritance, a family is a group of people either or not related by blood. The members of the Patrilineal families and Matrilineal families are mutually exclusive, thus a person cannot be a member of both families. Members outside the patrilineal family, by deduction and to some extent but not always, form the Matrilineal System of Inheritance. It is imperative to note however, that it is possible for a person not to belong to either of the two families.
The concept of the matrilineal system (where a group of family traces their root to one common female ancestor) is based on the assertion that whereas every child has a known mother, not every child has a known father. This assertion is true even if the child is born into the marriage because the woman may be seeing some other men other than her husband. So when a woman gets pregnant, no one will ask “which woman is responsible for this child? or who is the mother of this child?” but the question to be answered is “who is the man responsible for the pregnancy? or who is the father of this child”.
In a matrilineal society, the family is originated by a female who is a member of her own mother’s family by right of birth, adoption or recognition. Her children constitutes her own or personal family (immediate family) with her at the apex. Her male children will not be able to originate their own branches (children) of the successional family, since by custom their accretions or children cannot be incorporated in her family as their personal family. The male members only continue to remain in their mother’s personal family (immediate family).
The towns,
tribes, among others which practice the matrilineal system of inheritance
include:
Most of the Akan tribes Lobi tribe of the Northern RegionGa Mashi (Accra Town)Tamale townA section of the Dagarti tribe of the Northern Region
In simple terms, a married woman starts the matrilineal family with her own children (both males and females), including the children of her daughters (but excluding the children of her sons). The reason why the children of her sons will be excluded is because, those children may not be of her sons but of her sons’ wives. Why? because her sons’ wives may be seeing some other men. For this uncertainty, such children will be the children of their wives and not theirs (her sons) necessarily.
By illustration, A (male) marries B (female) and gives birth to C (male), D (female), adopts E, F (females) and recognizes G (male) as children. C marries H and gives birth to J. D adopts K and gives birth to L. E and F give birth to M and N respectively. G gives birth to O with P.
A’s matrilineal family includes his mom, his siblings (mom’s children). None of his children because his children belongs to his wife’s (B) family.
B’s matrilineal family includes her mom, her mom’s children (siblings), her children (C, D, E, F, G), D’s children (K, L) and E & F’s children (M, N)
C’s
matrilineal family includes B (her mom), her mom’s children (D, E, F, G). His
child (J) belongs to her wife’s (H) family not his family.
D’s
matrilineal family includes B (her mom), her mom’s children (C, E, F, G), her
children (K, L)
E&F’s
matrilineal family includes B (their mom), their mom’s children (C, D, G),
their children (M, N)
G’s matrilineal family includes B (his mom), her siblings (C, D, E, F). His child (O) belongs to P’s family.
These are the main reasons why because my sister and I come from the same mother, my children (who may not necessarily be mine) will not be allowed to inherit my properties, but my sister’s children (who are necessarily hers) will be allowed to inherit my properties under the Matrilineal System of Inheritance.
REFERENCES:
[Amponsah & Ors v. Budu (1989-90)
2 GLR 291]
[Eshun v. Johnfia [1982-83] GLR 441]