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