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Chapter Three - Narratival Exclusion and Its Consequences

“Mohammedan Law” in Ghanaian Courts

Published online by Cambridge University Press:  24 July 2026

Yüksel Sezgin
Affiliation:
Syracuse University, New York
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Summary

This chapter examines how Ghanaian courts have historically constructed and sustained a rejectionist narrative toward Muslim Family Law (MFL). From the colonial Marriage of Mohammedans Ordinance of 1907 to the present, the judiciary and bureaucracy have collaborated to exclude MFL from formal recognition, treating it as a foreign legal system. This enduring narratival exclusion has denied Ghanaian Muslims meaningful judicial feedback, foreclosed harmonization between communal and state legal meanings, and deepened procedural injustice. The analysis traces how exclusion, presented as legal neutrality, in practice privileges customary law rooted in indigenous religion while marginalizing Islamic norms. Drawing on interviews and case analysis, the chapter shows how this exclusionary narrative erodes trust in courts, fosters legal estrangement, and, in extreme cases, fuels radicalization. By theorizing “narratival exclusion,” the chapter reveals how cohesive yet exclusionary judicial narratives produce stability without justice, undermining legitimacy in Ghana’s plural legal order.

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