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MARRIAGE OF MOHAMMEDANS ORDINANCE,
1951 (CAP 129)
ARRANGEMENT OF SECTIONS
Section
PART 1—PRELIMINARY
1. Short Title and Application.
PART 2—ESTABLISHMENT OF REGISTRARS
2. Registrars–Register of
Marriages and Divorces.
PART 3—LICENSING OF MOHAMMEDAN
PRIESTS
3. Licence to Priest.
4. Lists of Licensed Priests.
PART 4—REGISTRATION OF MARRIAGES
5. Mohammedan Marriages to be
Registered.
6. Method of Registration of
Marriages Attendance.
PART 5—REGISTRATION OF DIVORCES
7. Divorces to be
Registered-Definition of Divorce.
8. Method of Registration of
Divorces-Attendance.
PART 6—EFFECT OF REGISTRATION AND
PROOF
9. Marriages and Divorces not
valid unless Registered.
10. Succession to be Regulated by
Mohammedan Law.
PART 7—SEARCHES AND FEES.
11. Searches.
12. Fees
PART 8—PENALTIES.
13. Application of Section 445 of
Cap. 9.
14. Penalty for not Signing
Register or Certificate.
PART 9—REGULATIONS
15. Regulations.
SCHEDULES
Schedule A—Licence to Mohammedan
Priest.
Schedule B—Marriage Certificate
Schedule C—Certificate of divorce.
Schedule D—Fees
MARRIAGE OF MOHAMMEDANS.
GOLD COAST
AN ORDINANCE TO PROVIDE FOR
REGISTRATION OF MARRIAGES AND
DIVORCES AMONG MOHAMMEDANS.
Date of Commencement: 30th
December, 1907
PART 1—PRELIMINARY
Section 1—Short Title and
Application.
This Ordinance may be cited as the
“Marriage of Mohammedans
Ordinance,” and shall apply to the
Gold Coast. (30 of 1935, s. 2.)
PART 2—ESTABLISHMENT OF REGISTRARS
Section 2—Registrars–Register of
Marriages and Divorces.
The Commissioner of each district
shall be registrar of Mohammedan
marriages and divorces for that
district, and shall keep a book
called Mohammedan Marriage and
Divorce Register (hereinafter
referred to as “the register”),
which shall contain such entries
and shall have such counterfoil
certificates attached as
hereinafter mentioned.
PART 3—LICENSING OF MOHAMMEDAN
PRIESTS
Section 3—Licence to Priest.
Schedule A.
It shall be lawful for the
Governor to grant a licence in the
form in Schedule A to any
Mohammedan priest applying for the
same, who in his opinion is a fit
and proper person to perform the
duties imposed by this Ordinance
on licensed priests. It shall be
lawful for the Governor at any
time at his pleasure to revoke or
suspend any such licence.
Section 4—Lists of Licensed
Priests.
A
list of Mohammedan priests who
have been licensed under this
Ordinance during the quarter
ending 31st day of March, 30th day
of June, 30th day of September,
and 31st day of December in every
year, or whose licences have been
revoked or suspended during any of
those quarters shall be published
in the Gazette.
PART 4—REGISTRATION OF MARRIAGES
Section 5—Mohammedan Marriages to
be Registered.
Every Mohammedan marriage
celebrated in the Gold Coast after
the commencement of this Ordinance
shall be registered in manner
provided by the next succeeding
section. (Amended by 30 of 1935,
s. 2.)
Section 6—Method of Registration
of Marriages Attendance.
(1) The bridegroom, the bride’s
wali, two witnesses to the
marriage, and a Mohammedan priest
licensed under section 3 shall as
soon as conveniently may be, and
before the expiration of a week
after the celebration of the
marriage, attend at the office of
the District Commissioner for the
purpose of registering the same.
(2) Certificate of
Marriage–Schedule B. The marriage
shall be entered in the register
and in duplicate certificates
thereto attached in the form in
the Schedule B.
(3) Entries By Priest. The
licensed priest shall first enter
in the second column of the
register and of the attached
certificates the particulars
specified in the first column
thereof.
(4) English Translation. Where
the entries in the second column
of the register are made in some
language other than English, an
English translation made by some
person duly sworn to interpret the
same shall then be inserted in the
third column of the register and
of the certificates.
(5) Signatures. The register and
certificates shall then be signed
by the bridegroom, the brides’
wali, and the two witnesses who
have attended for the purpose.
(6) Priest’s Certificate. The
licensed priest shall then sign in
the register and in both the
marriage certificates, a
certificate that the marriage is
valid according to Mohammedan law.
(7) Interpreter’s Certificate.
The sworn interpreter, if any,
shall then sign in the register
and marriage certificates the
certificate of the correctness of
the English translation.
(8) Commissioner’s Signature. The
register and certificates shall be
completed by the signature of the
District Commissioner, who shall
also insert the date and place of
registration.
(9) Disposal of Certificates. The
certificates shall then be
detached from the register, and
one shall be given to the
bridegroom and the other to the
bride’s wali.
(10) Registration Of Marriage
After Expiry of Statutory Period.
If the period of one week limited
by subsection (1) shall have
lapsed before registration of a
marriage which should have been so
registered as aforesaid, or if it
shall prove impossible or
impracticable to obtain the
attendance of any person, other
than a licensed priest, whose
signature of the register is
hereinbefore required, it shall be
lawful for a Judge of a Divisional
Court, on an ex parte application
by the bridegroom or bride’s wali,
supported by an affidavit stating
the reason for the delay or
non-attendance, as the case may
be, to issue a certificate under
his hand authorising any District
Commissioner to register such
marriage at any time within one
month from the date of such
certificate, and on such
registration to dispense with the
signature of any person, other
than a licensed priest.
(Section amended by 18 of 1932, s.
2.)
PART 5—REGISTRATION OF DIVORCES
Section 7—Divorces to be
Registered-Definition of Divorce.
Every Mohammedan divorce effected
in the Gold Coast after the
commencement of this Ordinance
shall be registered in the manner
provided by the next succeeding
section. Throughout this Ordinance
the term “divorce” means the
irrevocable dissolution of a
marriage.
Section 8—Method of Registration
of Divorces-Attendance.
(1) The man, the woman’s wali, and
two witnesses to the divorce
having been effected, and a
Mohammedan priest licensed under
section 3 shall within one month
of the divorce having been
effected attend at the office of
the Commissioner of the district
for the purpose of registering the
same.
Certificate of Divorce-Schedule C.
(2) The divorce shall be entered
in the register and in the
duplicate certificates thereto
attached in the form in the
Schedule C.
Entries by Priest.
(3) The licensed priest shall
first enter in the second column
of the register and of the
attached certificates the
particulars specified in the first
column thereof.
English Translation.
(4) Where the entries in the
second column of the register are
made in some language other than
English, an English translation
made by some person duly sworn to
interpret the same shall then be
inserted in the third column of
the register and of the
certificates.
Signatures.
(5) The register and certificates
shall then be signed by the man,
the woman’s wali, and two
witnesses to the divorce who have
attended for the purpose.
Priest’s Certificate.
(6) The licensed priest shall then
sign in the register and in both
the divorce certificates a
certificate that the divorce who
is valid according to Mohammedan
law.
Interpreter’s Certificate.
(7) The sworn interpreter, if any,
shall then sign in the register
and divorce certificates the
certificate of the correctness of
the English translation.
Commission’s Signature.
(8) The register and certificates
shall be completed by the
signature of the District
Commissioner, who shall also
insert the date and place of
registration.
Disposal of Certificates.
(9) The certificates shall then be
detached from the register, and
one shall be given to the man and
the other to the woman’s wali.
Registration of Divorce After
Expiry of Statutory Period.
(10) If the period of one month
limited by subsection (1) shall
have lapsed before registration of
a divorce which should have been
so registered as aforesaid, or if
it shall prove impossible or
impracticable to obtain the
attendance of any person, other
than a licensed priest, whose
signature of the register is
hereinbefore required, it shall be
lawful for a Judge of a Divisional
Court on an ex parte application
by the man or the woman’s wali,
supported by an affidavit stating
the reason for the delay or
non-attendance, as the case may
be, to issue a certificate under
his hand authorising any District
Commissioner to register such
divorce at any time within one
month from the date of such
certificate, and on such
registration to dispense with the
signature of any person, other
than a licensed priest.
(Section amended by 18 of 1932, s.
3.)
PART 6—EFFECT OF REGISTRATION AND
PROOF
Section 9—Marriages and Divorces
not Valid Unless Registered.
No marriage contracted or divorce
effected in the Gold Coast after
the commencement of this Ordinance
by persons professing the
Mohammedan faith shall be valid
unless registered under this
Ordinance: the proof of every
marriage or divorce under this
Ordinance, when such marriage or
divorce shall be in issue, shall
be by the production of the
register in which the same is
entered, or of an extract
therefrom certified under the hand
of the District Commissioner, or
of the certificate of such
marriage or divorce.
Section 10—Succession to be
Regulated by Mohammedan Law.
On the death of a Mohammedan whose
marriage has been duly registered
under this Ordinance, the
succession to his or her property
shall be regulated by Mohammedan
law.
PART 7—SEARCHES AND FEES.
Section 11—Searches.
Every District Commissioner shall
allow searches to be made at all
reasonable times in any register
in his custody, and shall upon
request give certified copies of
or extracts from entries in
English in any register.
Section 12—Fees
Schedule D.
For every licence taken out or
registration effected under this
Ordinance, for every search, and
for every certified copy of, or
extract from, any register, there
shall be payable the fee
prescribed therefor in the
Schedule D.
PART 8—PENALTIES.
Section 13—Application of Section
445 of Cap. 9.
The provisions of section 445 of
the Criminal Code shall be deemed
to apply to registers and
certificates of marriage and
divorce under this Ordinance.
Section 14—Penalty for not Signing
Register or Certificate.
Every person required thereto by
section 6 or section 8 of this
Ordinance who without good cause
refuses to sign a register or
certificate shall be guilty of an
offence and shall be liable to a
fine not exceeding five pounds.
PART 9—REGULATIONS
Section 15—Regulations.
The Governor in Council may from
time to time make, revoke, or
alter regulations for further or
better carrying into effect any of
the purposes of this Ordinance,
and such regulations shall on
publication in the Gazette have
the same effect as if enacted in
this Ordinance.
SCHEDULES
SCHEDULE A.
(Section 3.)
LICENCE TO MOHAMMEDAN PRIEST.
MARRIAGE OF MOHAMMEDANS ORDINANCE.
Priest’s Licence.
This is to certify that I have
this day licensed
..................................................,
a Mohammedan priest, residing at
..........................................,
to perform the duties imposed by
the Marriage of Mohammedans
Ordinance on Mohammedan priests
licensed under that Ordinance.
Given under my hand this
...................................................
day of
....................................................,
19.................
Governor.
Fee paid, £1.
SCHEDULE B.
(Section 6(2).)
(Amended by 18 of 1932, s. 4.)
Marriage Certificate
MARRIAGE OF MOHAMMEDANS ORDINANCE.
ENTRY OF MARRIAGE
No.......................
MARRIAGE OF MOHAMMEDANS ORDINANCE.
CERTIFICATE OF MARRIAGE
No.......................
Entry by
Priest English
translation. Entry
by Priest English
translation.
Date of marriage ..
..
Date of marriage ..
..
Name and residence of bridegroom’s
parents
.. Name
and residence of bridegroom’s
parents
..
Name and residence of bride
..
Name and residence of bride
..
Names and residence of bride’s
parents ..
..
..
Names and residence of bride’s
parents ..
..
..
Name in full of licensed priests
certifying to validity of
marriage
Name in full of licensed priests
certifying to validity of
marriage
Name in full and residence of
bride’s wali and witnesses signing
certificate ..
..
Name in full and residence of
bride’s wali and witnesses signing
certificate ..
..
Amount of dower ..
..
Amount of dower ..
..
Whether any portion of the dower
was paid at once, and if so, what
amount ..
..
Whether any portion of the dower
was paid at once, and if so, what
amount ..
..
Signature of parties:—
...................... Bridegroom.
....................... Bride’s
Wali.
...................... Witness.
...................... Witness.
I
hereby certify that the above
marriage is valid according to
Mohammedan law, and that the above
entries are correct.
......................Licensed
Priest.
I
have certify that the above
English translation of the entries
made by the above-named .......
......................... is
correct.
...................Sworn
Interpreter.
Dated at this
day of , 19 .
District
Commissioner.
Signature of parties:—
...................... Bridegroom.
....................... Bride’s
Wali.
...................... Witness.
...................... Witness.
I
hereby certify that the above
marriage is valid according to
Mohammedan law, and that the above
entries are correct.
......................Licensed
Priest.
I
have certify that the above
English translation of the entries
made by the above-named .......
......................... is
correct.
...................Sworn
Interpreter.
Dated at this
day of , 19 .
District
Commissioner.
SCHEDULE C.
(Section 8 (2).)
CERTIFICATE OF DIVORCE.
Divorce Certificate
MARRIAGE OF MOHAMMEDANS ORDINANCE.
ENTRY OF MARRIAGE
No.......................
MARRIAGE OF MOHAMMEDANS ORDINANCE.
CERTIFICATE OF MARRIAGE
No.......................
Entry by
Priest English
translation. Entry
by Priest English
translation.
Date of divorce
..
..
Date of divorce ..
..
Name and residence of man
..
Name and residence of man
..
Name and residence of man's
parents ..
..
..
Name and residence of man's
parents ..
..
..
Name of woman ..
..
Name of woman ..
..
Names and residence of woman's
parents ..
.. Names
and residence of woman's parents
..
..
Name in full of licensed priest
signing certificate
..
..
Name in full of licensed priest
signing certificate
..
..
Names in full and residence of
woman's wali and witnesses to
divorce signing certificate
..
Names in full and residence of
woman's wali and witnesses to
divorce signing certificate
..
Signature of parties:—
................... Man.
................... Woman's Wali.
.................. Witness to
divorce.
.................. Witness to
divorce.
I
hereby certify that the above
divorce is valid according to
Mohammedan law, and that the above
entries are correct.
......................Licensed
Priest.
I
have certify that the above
English translation of the entries
made by the above-named .......
......................... is
correct.
...................Sworn
Interpreter.
Dated at this
day of , 19 .
District
Commissioner.
Signature of parties:—
................. Man.
................. Woman's Wali.
................. Witness to
divorce.
................. Witness to
divorce.
I
hereby certify that the above
divorce is valid according to
Mohammedan law, and that the above
entries are correct.
......................Licensed
Priest.
I
have certify that the above
English translation of the entries
made by the above-named .......
......................... is
correct.
...................Sworn
Interpreter.
Dated at this
day of , 19 .
District
Commissioner.
SCHEDULE D
(Section 12)
FEES
£ s. d.
Fees.
For every priest’s
licence ..
.. ..
1 0 0
For registration of a marriage or
divorce .. ..
0 5 0
For inspection of register, per
hour ..
.. 0 1
0
For Certified copy of an entry
(English only) ..
0 2 6 |
