Fruitful Living
Jumma Khutbah: ‘Rights and Responsibilities in Marriage under Islamic and Ghanaian Law’ (Final Part)
Another hadith highlights the Prophet’s disapproval of physical aggression within the family:
“Never hit your wives. They are your partners and sincere helpers” (Musnad Ahmad).
In these sayings, the Prophet (PBUH) reminds Muslims that kindness and gentleness are essential qualities in family relations, reinforcing that abuse has no place in an Islamic marriage.
Legal Protections: The Domestic Violence Act
In Ghana, the Domestic Violence Act, 2007 (Act 732) was enacted to prevent domestic violence, protect victims, and provide legal remedies. This Act defines domestic violence as any form of violence, whether physical, sexual, psychological, or economic, occurring within a domestic relationship.
Section 1 of the Act defines violence broadly, including not only physical assault but also acts that harm a person’s psychological wellbeing. Section 2 emphasizes the right to security in domestic relationships, reinforcing that any form of abuse or violence is unlawful and punishable under Ghanaian law.
Legal Framework in Ghana: The 1992 Constitution and Marriage Ordinances
In Ghana, the 1992 Constitution upholds the right to practice and manifest religious beliefs, including marriage in accordance with one’s faith. Article 26 protects Muslims who wish to marry, register, and dissolve marriages under Sharia law. This constitutional right enables Muslims to observe Islamic principles within their marriages, reflecting both religious and legal protection.
Furthermore, The Mohammedans Ordinance CAP 129 governs Islamic marriages, providing legal grounds for marriage, divorce, and remarriage according to Islamic principles, ensuring that Ghanaian Muslims enjoy rights aligned with both Sharia and national law.
Servants of Allah, take note that Islamic Sunni scholars unanimously emphasised the importance of respecting these protections, noting that compliance with both Islamic and national laws strengthen the legitimacy of marriage and protects Muslim families.
Other Ghanaian Legal Regimes on Marriage
Ghana’s marriage regulations are structured to support stable family environments, ensuring respect, mutual support, and individual rights. The Children’s Act (Act 560 of 1989) outlines parental responsibilities, including providing education, healthcare, and a nurturing environment for children.
Under this Act, parents are legally mandated to create a home where children receive proper care, reflecting Islamic teachings, which advocate for the moral and spiritual upbringing of the next generation. Ghanaian law thus aligns with Islam’s focus on family welfare, emphasising the role of marriage as a secure foundation for children.
The Broader Impact of Marriage in Islam and Society
Marriage in Islam is intended to foster piety, strengthen social bonds, and ensure the moral integrity of future generations. Allah (SWT) commands in the Qur’an:
“O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones…” (Qur’an 66:6).
By adhering to the principles of fairness, compassion, and respect within marriage, Muslims contribute to a strong and ethical society. Sheikh Al-Uthaymeen emphasized that a righteous household reflects in the broader community, promoting values of integrity, honesty, and mutual respect.
Conclusion
Servants of Allah, Islam promotes a household based on mutual respect, love, and kindness. Violence within the family stands in direct opposition to the teachings of Islam and is also prohibited by law. As Muslims, it is our duty to follow the principles of compassion as taught by the Prophet (PBUH) and to uphold the legal protections afforded by society to ensure a safe and harmonious family environment.
To conclude, through the guidance provided by the Qur’an, the teachings of the Prophet Muhammad (PBUH), and supportive frameworks like Ghana’s constitution and laws, marriage is recognized as a significant trust from Allah. The Prophet (PBUH) has reminded us of the accountability we hold before Allah, especially regarding how we treat our spouses.
May Allah (SWT) grant us wisdom and patience to fulfill our responsibilities within marriage and allow us to create homes filled with tranquility and righteousness.
References:
• Qur’an, Surah Al-Baqarah (2:228, 2:233)
• Qur’an, Surah At-Tahrim (66:6)
• Bukhari, Sahih Al-Bukhari, Vol. 7, Book of Nikah (Marriage), Hadiths 5136, 5138
• Prophet Muhammad’s Farewell Sermon
• Mohammedans Ordinance CAP 129, Ghana
• The Children’s Act, Act 560 (1989), Ghana
• Abdul Aziz Ibn Baz, Fatwas and Statements on Marriage
• Muhammad Ibn Salih al-Uthaymeen, Islamic Rulings on Family and Marriage
By Imam Alhaji Saeed Abdulai – 1BN Michel Camp, Tema
The internationally accepted definition (from the UN Palermo Protocol, 2000) identifies three elements:
ACT (What is done), which includes:
• Recruitment, transportation, transfer harbouring, or receipt of persons. How it is Applied:
In Ghana, traffickers recruit children from rural areas under false promises of education or employment.
MEANS (How it is done), which includes:
• Threats
• Coercion
• Deception
• Abuse of vulnerability
How it is applied:
Parents may be deceived into releasing children, or victims may be threatened into silence.
PURPOSE (Why it is done), which includes:
• Sexual exploitation
• Forced labour
• Slavery
• Organ harvesting
Key Insight:
Even if a victim appears to “consent,” such consent is legally irrelevant if coercion or deception is involved.
Islamic legal principles align with this framework by prohibiting exploitation (ẓulm) and unjust enrichment, rendering trafficking morally and legally impermissible (Bawono & Huda, 2025).
Forms and impacts of human trafficking
Human trafficking manifests in several forms:
• Child trafficking → educational deprivation, psychological trauma
• Forced labour → economic exploitation, health risks
• Sexual exploitation → severe physical and emotional harm
• Organ trafficking → life-threatening and ethically egregious
Human trafficking manifests in diverse and interconnected forms. Child trafficking leads to loss of education, long-term psychological trauma, and entrenched poverty.
Forced labour subjects victims to severe economic exploitation and hazardous working conditions, often resulting in deteriorating health. Sexual exploitation inflicts profound physical abuse and emotional damage, alongside social stigma.
Organ trafficking poses life-threatening risks and represents a grave ethical violation. Collectively, these practices undermine human capital, weaken social structures, and hinder sustainable development. These forms collectively erode human capital and social stability.
Legal and Institutional Frameworks
International Legal Instruments
Universal Declaration of Human Rights (UDHR, 1948)
The UDHR provides the normative foundation for global human rights law:
• Article 1: Affirms equality and freedom of all humans
• Article 4: Explicitly prohibits slavery and servitude
• Article 5: Prohibits torture and degrading treatment
Analytical Insight:
Human trafficking violates all three provisions simultaneously. Victims are deprived of freedom (Article 1), subjected to forced labour (Article 4), and exposed to degrading conditions (Article 5).
These align closely with Islamic prohibitions against oppression and injustice.
Palermo Protocol (2000)
This is the primary international legal instrument addressing trafficking:
• Provides the AMP definition (Act–Means–Purpose)
• Emphasises the 3Ps framework: Prevention, protection, prosecution
• Recognises victim rights and state obligations
Analytical insight:
The Protocol’s emphasis on protection and dignity parallels Islamic legal objectives, particularly the preservation of life and honour. Comparative studies show strong convergence between Islamic law and international anti-trafficking norms (Jamal, 2025).
Regional framework
African charter on human and peoples’ rights
• Article 5: Protects human dignity and prohibits exploitation
• Article 15: Guarantees equitable working conditions
Analytical insight:
The Charter contextualises human rights within African socio-cultural realities, reinforcing communal responsibility an idea that resonates with Islamic communal ethics (ummah).
National framework: Ghana 1992 Constitution of Ghana
• Article 15: Guarantees the dignity of all persons and prohibits torture or degrading treatment
• Article 16: Explicitly prohibits slavery, servitude, and forced labour
• Article 21: Guarantees fundamental human rights and freedoms, including personal liberty, freedom of movement, and constitutional safeguard against human trafficking. In particular, Article 21 affirms the right of individuals to move freely, make autonomous decisions, and live without coercion.
Human trafficking directly contravenes these rights by restricting victims’ movement, subjecting them to confinement, and denying their personal liberty through deception and force. Victims are often transported against their will and held in exploitative conditions, thereby violating their constitutional freedoms.
Consequently, trafficking not only breaches specific prohibitions under Articles 15 and 16 but also fundamentally undermines the broader human rights guarantees freedom from arbitrary restraint.
Human Trafficking Act (Act 694, as amended)
• Criminalises all forms of human trafficking, including recruitment, transportation, harbouring, and exploitation
• Provides for victim protection, rehabilitation, and reintegration through state-supported mechanisms
• Establishes institutional frameworks for investigation, prosecution, and inter-agency collaboration
Critical and normative insight:
The Act reflects Ghana’s commitment to safeguarding human dignity and aligns with international standards. However, enforcement challenges persist due to limited funding, weak institutional coordination, and low public awareness, which hinder effective implementation.
From an Islamic perspective, the provisions of Act 694 resonate strongly with core Sharīʿah principles. Islam unequivocally prohibits all forms of exploitation (ẓulm), coercion, and the commodification of human beings. Human trafficking violates the divinely ordained dignity (karāmah) of individuals, undermines justice (‘adl), and disrupts social balance. By criminalising trafficking and promoting victim protection, the Act indirectly advances the higher objectives of
Islamic law (Maqāṣid al-Sharīʿah), particularly the preservation of life, dignity, and wealth. Thus, both Islamic teachings and Ghanaian law converge in condemning trafficking as a grave moral and legal injustice.
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Children’s Act (Act 560)
• Protects children from exploitative labour and harmful practices
• Promotes access to education, welfare, and holistic development
Domestic Violence Act (Act 732)
• Addresses physical, emotional, and psychological abuse often associated with trafficking
• Provides legal remedies, protection orders, and support systems for victims
By Imam Alhaji Saeed Abdulai, Kpone
Katamanso Municipal Chief Imam, Certified
Counsellor and Governance Expert
Jesus teaches, “Neither do people light a lamp and put it under a basket, but on a stand, and it gives light to all in the house.”
Light is not meant to be hidden. In Ephesians 5:8, the Bible says, “For you were once darkness, but now you are light in the Lord. Walk as children of light.”
This means our faith should be visible in the way we live. Not in a loud or forceful way, but in a consistent and genuine way.
When we choose honesty, kindness, patience, and love, we are shining our light. People may not always listen to what we say, but they will see how we live.
Your Life Should Point Others to God
Jesus says, “Let your light so shine before men, that they may see your good works and glorify your Father in heaven.”
This is the purpose of being salt and light. It is not about drawing attention to ourselves, but about pointing people to God.
In 1 Peter 2:12, we are encouraged to live such good lives that others may see our actions and glorify God.
Our lives become a testimony. The way we treat people, the way we handle challenges, and the way we walk in love all speak loudly.Through us, others can begin to see the goodness and grace of God.
6. Being Salt and Light Requires a Living Relationship with God
We cannot live this life in our own strength.
In John 15:5, Jesus says, “Without me you can do nothing.” This reminds us that our ability to influence the world comes from our connection with Him.
As we spend time in prayer, study His Word, and walk in obedience, our lives are transformed. From that place, we begin to reflect Him naturally.
It is not about striving. It is about abiding in Him.
A Simple Reflection
To be salt and light means:
² To influence the world with Godly character
² To live differently according to God’s Word
² To shine through your daily actions
² To point others to Christ
² To remain connected to Him at all times
Conclusion
Jesus has already declared who you are. You are the salt of the earth. You are the light of the world. The question is whether you are living out that identity.
The world needs your influence. The world needs your light. In your home, your workplace, your church, and your community, God has placed you there for a reason.
As you walk with Him, your life will naturally make an impact. Shine your light,
stay true to His Word and let your life bring glory to God.
By Rev. Dr Joyce Aryee
