Governed by Marriage of Mohammedans Ordinance Cap 129 now Part 2 of Marriages Act. Essentials according to Mulla principles are proposal by or on behalf of parties and acceptance by the other in presence of two males or one male and two female witnesses, proposal and acceptance at same meeting else not valid, per Barake v Barake Brobbey said just two witnesses.
S 20 Registrar shall be administrative head of district keeping mohammedan marriage and divorce register, or a mohammedan priest granted license by minister of interior and where revoked be published per S 21.
S 24 parties and licensed priest before expiration of a week after celebration attend office of DCE for registration entered in register and duplicate certificates, priest shall enter in 2nd column particulars and sign register and certificate, completed by signature of DCE who shall insert date and place of registration. Per Re Registration of Marriage between Byrouthy and Akyere, Ex Parte Ali in mohammedan marriage validity is in registration not celebration, failure to do so after celebration within a week renders registration void per Jabeille v Ashka. S 24(10) upon delay to register ex parte application to HC judge with affidavit of reason for delay may entitle judge to dispense with signature of any person other than licensed priest.
S 27 Mohammedan marriage celebrated or dissolved before Act’s commencement void unless registered, in dispute production of register or extract and signed personally by DCE, on death of a party succession to property shall be regulated by mohammedan law. Kwakye v Tuba per Ollenu J Mohammedan marriage at best is customary law unless registered if unregistered succession to property is personal law. Hausa v Hausa, Ramia v Ramia as Muslim marriage and registered same day property acquired in wife’s name not recoverable because presumption of advancement applied.
Dissolution: According to Mustapha Ibrahim of Islamic Book Development and Translation Council of Gh wife grounds-desertion for more than 4 years, failure to maintain, suffering insanity, leprosy or venereal disease and husband grounds-insanity, leprosy, genital disease. Parties apply to court or husband may pronounce divorce expressly. Registration of mohammedan Divorce per S 25 after Act be registered S 26 parties, two witnesses to divorce and priest shall within 1 month of divorce attend office of DCE to register divorce, entered in register and duplicate certificate, signing by priest completed by signature of DCE inserting date and place of registration, certificates detached from register and each given both man and woman, ex parte application to HC judge where lapse of 1month to register to exclude certain signature except licensed priest.