Polygamy in Ghana

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Polygamy is illegal in Ghana, but the restrictions are not heavily enforced. [1] [2] [3] [4] [5] Polygamous marriages are illegal under civil law, though are arguably considered to be legal under customary law . [5] [6] Despite these exceptions, there have been no reports of a legally contracted polygamous marriage in Ghana; and are considered to be "de facto" illegal. [5] An estimated 22% of Ghanaian women live polygamously. [5] [7] [8]

Contents

Polygamy origin

Polygamy has been around and practiced for centuries by cultures from all over the world, but there is no exact location of its beginning. [9] It was believed to be more prevalent in places where colonial economic gains centered on subsistence farming (e.g. Africa). This agriculture is self-sufficient in which farmers focus mainly on growing food to feed themselves and their families. Another factor for its start was war. When numerous men die in combat, having more than one wife boosts the population. A person's status in society and wealth became associated with the number of wives a man had. On the contrary, polyandry was a way of limiting a population with few resources and too many people. A woman can only conceive and birth so many children, no matter how many husbands she has/had.

Laws and religion in Ghana

Currently (2015), Polygamy is illegal in Ghana, although laws against this lifestyle are not heavily enforced against those who choose to live it. Polygamous marriages are illegal under civil law. They are arguably considered to be legal under customary law. Men in polygamous marriages can more easily transfer the costs of childbearing and rearing to women. The religions that consist in Ghana currently are 12 percent Muslim, 38 percent traditionalist, 41 percent Christian, and the rest (about 9 percent) other. There were points of conflict in terms of marriage where the Islamic and traditional beliefs support polygamy while Christian beliefs support monogamy against polygamy. Nevertheless, religious tolerance in Ghana is very high. With that, polygamy has existed all over Africa because it represents aspects of their religion and culture. Polygamous unions have been more present in Africa like no other continent around the globe.

Who and why?

The earliest study of polygyny in Ghana focused on only rural urban residence and its relationship to polygyny. The study showed that the incidence of polygyny was about the same in both urban and rural areas. This was because at that time, life in rural and urban areas was not marriage type selective. Those who could afford and maintain more than one wife, or those, who because of their occupation such as farming, trading and laundry saw advantages of the lifestyle, usually were those who practiced polygyny.

Polygamy in Africa was viewed as a way a family could build an empire. The extent of spousal communication about contraception, which is positively associated with the level of use, is also lower among polygamous spouses. Therefore, one of the reasons polygamy is popular is because African societies see children as a form of wealth and this way a family with more children was considered more powerful.

Prevalence of polygamy in Ghana

Polygamy has always been a significant institution in African society and continues to be the "most distinctive feature of African marriage" (Garenne and Van De Walle, 1989, p. 267). It was only after the colonial era in Africa appeared when polygamy started being looked at as a taboo. It is also said that there was an economic factor why this happened: there were issues of property ownership that conflicted with European colonial interest. Sub-Saharan Africa is the only region in the world where polygamy remains widespread.

Estimates of the prevalence of polygamy in African societies range from 20 percent to 50 percent of all marriages. At first polygamy in western Africa was very popular, but as Islam has started to diffuse in this region, the prevalence of polygamy has significantly lowered due to the restriction that appeared to the number of wives a man could have. Later the country was influenced by Christianity which has the ideal of monogamy.

Related Research Articles

<span class="mw-page-title-main">Marriage</span> Culturally recognised union between people

Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Marriage becomes a social construct to adjudicate the conflicts of interest between consenting individuals and a transactional means to fulfill their needs. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement.

<span class="mw-page-title-main">Polygyny</span> Mating system in which the male partner may have multiple partners

Polygyny is a form of polygamy entailing the marriage of a man to several women. The term polygyny is from Neoclassical Greek πολυγυνία (polugunía); from Ancient Greek πολύ (polú) 'many', and γυνή (gunḗ) 'woman, wife'. It is also referred to in some circles and non-patriarchal polygamy.

Polygamy. Polygamy is when one man is married to multiple women at the same time. Sociologists call this polygyny. When a woman is married to more than one husband at a time, it is called polyandry. In sociobiology and zoology, researchers use polygamy in a broad sense to mean any form of multiple mating.

<span class="mw-page-title-main">Bigamy</span> Act of having two concurrent marriages

In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws.

Non-monogamy is an umbrella term for every practice or philosophy of non-dyadic intimate relationship that does not strictly hew to the standards of monogamy, particularly that of having only one person with whom to exchange sex, love, and/or affection. In that sense, "nonmonogamy" may be accurately applied to extramarital sex, group marriage, or polyamory. It is not synonymous with infidelity, since all parties are consenting to the relationship structure, partners are often committed to each other as well as to their other partners and cheating is still considered problematic behavior with many non-monogamous relationships.

Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.

<span class="mw-page-title-main">Marriage law</span> Overview of marriage law worldwide

Marriage law is the legal requirements, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries.

Polygamy is the practice of having more than one spouse at the same time. Specifically, polygyny is the practice of one man taking more than one wife while polyandry is the practice of one woman taking more than one husband. Polygamy is a common marriage pattern in some parts of the world. In North America, polygamy has not been a culturally normative or legally recognized institution since the continent's colonization by Europeans.

<span class="mw-page-title-main">Women in Ghana</span> Overview of the status of women in Ghana

The status of women in Ghana and their roles in Ghanaian society has changed over the past few decades. There has been a slow increase in the political participation of Ghanaian women throughout history. Women are given equal rights under the Constitution of Ghana, yet disparities in education, employment, and health for women remain prevalent. Additionally, women have much less access to resources than men in Ghana do. Ghanaian women in rural and urban areas face slightly different challenges. Throughout Ghana, female-headed households are increasing.

Polygamy is "the practice or custom of having more than one wife or husband at the same time." Polygamy has been practiced by many cultures throughout history.

Monogamy is a relationship of two individuals in which they form an exclusive intimate partnership. Having only one partner at any one time, whether that be for life or whether that be serial monogamy, contrasts with various forms of non-monogamy. More generally, the term is used to describe the behavioral ecology and sexual selection of animal mating systems, referring to the state of having only one mate at any one given time. In a human cultural context, monogamy typically refers to the custom of two individuals, regardless of orientation, committing to a sexually exclusive relationship.

<span class="mw-page-title-main">Polygyny in India</span>

Polygamy, including polygyny, is outlawed in India. While it was not prohibited in Ancient India and was common among aristocrats and emperors, it is believed that it was not a major cultural practice. The lack of prohibition was in part due to the separation between land laws and religion, and partially since all of the major religions of India portrayed polygamy in a neutral light.

Akin to Uganda, Republic of the Congo and the Central African Republic, Zambia is one of the few Christian nations that allows polygamous unions to be legally formed. Under Zambian law, polygamous unions may be contracted and they have been reported to be extremely widespread in the nation. Similar to most countries that provide polygamy as a form of marriage, the first wife must consent to the practice of polygamy before she marries her husband. If she declines, her husband will not be allowed to marry another woman while married to his current wife. According to a 2003 survey, 16% of marriages in Zambia are polygamous. While frequently more common in rural areas, the practice can also be found in more urban settings.

<span class="mw-page-title-main">Polygamy in Nigeria</span>

Under civil law, Nigeria does not recognize polygamous unions. However, 12 out of the 36 Nigerian states recognize polygamous marriages as being equivalent to monogamous marriages. All twelve states are governed by Sharia law. The states, which are all northern, include the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara which allows for a man to take more than one wife.

The Republic of Afghanistan, which is an Islamic Republic under Sharia Law, allows for polygyny. Afghan men may take up to four wives, as Islam allows for such. A man must treat all of his wives equally; however, it has been reported that these regulations are rarely followed. While the Qur'an states that a man is allowed a maximum of four wives, there is an unspecified number of women allowed to be his 'concubines'. These women are considered unprotected and need a man as a guardian.

Though legally prohibited since 1962, polygamy is still marginally practiced in Rwanda. Polygyny is the only form traditionally practiced. It is most prevalent in rural areas, older generations, and adherents of traditional/animist religion. In 2012, 5.4% of rural men were in polygynous unions; this included 15% of rural men over 80 years old but less than 3% of men under 30, with the average number of wives being two. Animism has the greatest proportion of polygynous men, followed by non-religious men and Islam. However, the vast majority of polygynous men are Christian. Polygyny has been in decline since the first census data in 1978.

The legal status of polygamy varies widely around the world. Polygyny is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. Some countries that permit polygamy have restrictions, such as requiring the first wife to give her consent.

Polygamy is the practice of having more than one spouse; while prohibited under Zimbabwean civil law, polygamous marriages may be performed under the country's customary law. Less than one-fifth of the country's population are engaged in polygamy.

Polygamy in Guinea is generally illegal. Polygamy is regulated under the new 2019 family law. The new regulations stipulate that a marriage is presumed to be monogamous; however a couple may legally enter into a polygynous marriage if the groom declares that he is opting for polygyny during the marriage ceremony and the bride gives "explicit consent". The new law is the result of a long legislative battle between those who wanted free polygamy without restrictions and those who wanted a complete ban.

Polygamy in Africa has existed throughout the history of Africa. Polygamy, particularly polygyny, is a highly valued social institution in Africa. Polygamy is a marriage between a man or woman and their multiple spouses. Polygyny is a marriage between a man and multiple wives. Polyandry is a marriage between a woman and multiple husbands. A common expectation for African kings in African societies is for African kings to symbolically unify his kingdom and the society through partaking in polygamous marriages with wives from a broad range of clans within the society. By doing so, the king reduces the chance of dissident and rival forces developing and rising against him.

References

  1. Archived September 5, 2015, at the Wayback Machine
  2. Bernstein, Nina (23 March 2007). "In Secret, Polygamy Follows Africans to N.Y." The New York Times . Retrieved 2015-09-27.
  3. "Ghana: Polygamy Creating Problem In Northern Region". African Spotlight. Retrieved 24 September 2015.
  4. "BBC NEWS - Africa - Relationship trends: Ghana experience". News.bbc.co.uk. Retrieved 24 September 2015.
  5. 1 2 3 4 "Gender Equality in Ghana - Social Institutions and Gender Index (SIGI)". Genderindex.org. Archived from the original on 25 September 2015. Retrieved 24 September 2015.
  6. "Ghana". Law.emory.edu. Retrieved 24 September 2015.
  7. Raeann R Hamon, Bron B Ingoldsby (2003-08-14). Mate Selection Across Cultures. SAGE Publications. p. 86. ISBN   9780761925927 . Retrieved 2015-09-27.
  8. KobGraham (8 September 2015). "Sex, fauxnogamy and the married man". The Guardian. Retrieved 24 September 2015.
  9. Hardy, B. Carmon, editor. (2017). Doing the works of Abraham : Mormon polygamy : its origin, practice, and demise. University of Oklahoma Press. ISBN   978-0-8061-5906-5. OCLC   985887197.{{cite book}}: |last= has generic name (help)CS1 maint: multiple names: authors list (link)