Country Profile: Ghana

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Ghana (Ghana), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Ghana's Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

Country Background

Ghana is a country located in Western African, bordering the Gulf of Guinea. It is bounded by Cote d'Ivoire, Togo, and Burkina Faso. The capital of Ghana is Accra. The official language is English. The country's population in 2017 was approximately 27.5 million. Ghana is a predominantly Christian country, with about 71% of the population Christian. Islam is the largest minority religion in Ghana, and Muslims make up about 18% of the country's population. The population of Ghana is young, with over 57% below the age of 25. As such, the population of Ghana is expected to grow rapidly within the next few years.  

Constitution & Legal Structure

Ghana is referred to as a presidential republic, in which sovereignty belongs to the people and the Constitution is the supreme law of the land. The current Constitution of Ghana was adopted in 1992, and was most recently amended in 1996. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The legal system of Ghana is a mixed system based on English common law and influenced by customary laws/traditions.  

Constitutional Status of Islamic Law

Islamic law has some constitutional status in Ghana, under the broader category of customary law. However, this is limited to matters of personal status/family courts, and no religious laws (including Islamic law) are used in criminal and civil cases. In general, Ghana is a secular country and freedom of religion is a right guaranteed by the Constitution. 

Jurisdiction(s) of Islamic Law

Islamic law has official jurisdiction under the broader category of customary law. Its scope of application is limited to matters of personal status. 

Dominant School of Islamic Law

Ghana has no official school of Islamic law. The majority of the Muslim population in the country is Sunnī (adhering to the Mālikī school). Ghana has the largest proportion of Aḥmadīs in relation to its Muslim population in the world (16%).

Sources of Law for Legal Research

Official Publications

Unofficial Databases

  • FAOLEX: Ghana (Food and Agriculture Organization of the United Nations) database of national laws and regulations on food, agriculture, and renewable natural resources.
  • NATLEX: Ghana (International Labour Organization) database of national laws on labor, social security, and related human rights.
  • RefWorld Legal Information: Ghana (UNHCR)
  • WIPO Lex: Ghana (World Intellectual Property Organization)

References:

For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English and Arabic translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].