Muslim professionals advised to be abreast of laws

MuslimsMr Abdallah Ali-Nakyea, a Tax Expert and Lecturer at Ghana Law School, has urged Muslim professionals to be abreast of the laws of Ghana, which is the surest way to contribute to the sustenance of the fledgling democracy.

He said this would protect Muslims from issues affecting Islam and legal matters, which pose as challenges to them.

Mr Ali-Nakyea was speaking at the 21st Annual General Meeting of Ghana Muslim Academy (GMA) on the theme: “The Role of the Muslim Professional in Sustaining Ghana’s Democracy,” in Accra.

He was speaking on the topic: “The legal challenges of a Muslim in a democratic Ghana.”

Mr Ali-Nakyea noted that the Property Rights of Spouses Bill, the Muslim Marriage Law labeled: “The Mohammedan Ordinance”, Muslim Inheritance and the issue of Constitutional Rights of Muslims with respect to the freedom of worship at second cycle institutions, could be turned into opportunities rather than leaving them to linger on as challenges.

He said the first role of the Muslim professional in sustaining Ghana’s democracy is to respect state institutions in their quest to ensure that democracy is sustained.

Mr Ali-Nkyea said the Property Rights of Spouses Bill, meant to regulate the property rights of spouses in accordance with Article 22 of the 1992 Constitution presents a challenge to Muslims considering provisions in the Holy Quran.

Mr Ali-Nakyea said the Holy Quran has made provisions to ensure equity in inheritance in Verse 180 of Sura Al-Baqarah or the Heifer (Quran 2:180) and this shows that there are rules of course for the disposal of intestate property.

He said marriages in Ghana are contracted under various laws, including the customary law, Marriage Ordinance (Cap 127) and others under Marriage of Mohammedans Ordinance (Cap 129) of 1907.

Mr Ali-Nakyea said challenges/flaws in Cap 129 show the need for the repeal of the law as it does not situate with the Islamic religion.

He said the constitutional right of Muslims with respect to the freedom of worship is provided for under Article 21(1) (c) of the Constitution which says: “All persons shall have the right to freedom to practice any religion and to manifest such practice.”

Following from this right is the protection given under Article 17(1) (2) and (3) of the Constitution.

Mr Ali-Nakyea said Article 17(1) provides that all persons shall be equal before the law, while Article 17(2) says: “A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.”

He said despite the provisions, it is strange that Muslims, especially those in the second cycle schools continue to face the challenge of practicing their faith.

Mr Ali-Nakyea said these problems could be surmounted if Muslim professionals take the necessary action provided for under Article 12 of the Constitution to seek redress.

He urged the GMA to liaise with the Muslim Lawyers Forum in cases of such abuse.

He expressed the hope that Muslim professionals would rise up to the occasion and make their voices heard as well as inculcate the habit of reading to be abreast of current legal issues that affect them.

“This is the only way Muslims can bring about the needed change required of us to surmount our legal challenges as well as contribute positively to sustaining democratic Ghana,” Mr Ali- Nakyea said.

Source: GNA

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