Untitled
45 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Under PNDCL 111, if a deceased person is not survived by a spouse, what portion of the estate is allocated to the children?

  • 9/16
  • 1/8
  • 3/16
  • 3/4 (correct)

According to PNDCL 111, what happens to the entirety of a person's estate if they die intestate without a surviving spouse, children, or parents?

  • It is divided equally between surviving siblings.
  • It is distributed according to customary law if applicable. (correct)
  • It is distributed to the state.
  • It is held in trust indefinitely.

A man dies intestate, survived by his wife and children. What is the combined proportion of his estate that his wife and children are entitled to under PNDCL 111?

  • 12/16 (correct)
  • 3/16
  • 1/2
  • 1/8

Under what circumstances does the surviving parent receive ¾ of the deceased's estate according to PNDCL 111?

<p>When there are no surviving spouse or children. (D)</p> Signup and view all the answers

How does PNDCL 111 ensure the welfare of a surviving parent who might have been dependent on the deceased child?

<p>By granting the surviving parent a share of the deceased child’s estate. (B)</p> Signup and view all the answers

Which of the following is a characteristic commonly associated with lineages?

<p>A designated head who manages lineage matters. (C)</p> Signup and view all the answers

Which of the following best describes the difference between matrilineage and patrilineage?

<p>Matrilineage traces descent through women, while patrilineage traces it through men. (A)</p> Signup and view all the answers

For the Akan people, which group of relatives is typically included in the abusua (matrilineage)?

<p>Siblings, mother, mother's siblings, and sister's children. (D)</p> Signup and view all the answers

In a patrilineal system, which relatives are typically considered core members of the lineage?

<p>Father, father's siblings and children of males. (D)</p> Signup and view all the answers

How does the concept of 'father' typically extend beyond the biological parent in traditional African communities?

<p>It encompasses the biological father, his brothers, father’s sisters and people respected in the community of the father’s generation. (B)</p> Signup and view all the answers

Which statement accurately reflects a key difference between the African family and the Western family, as described?

<p>The African family is more collective and interconnected with the wider community than the Western family. (B)</p> Signup and view all the answers

What is a common role of lineage membership?

<p>To meet periodically to conduct affairs. (D)</p> Signup and view all the answers

Which factor contributes to the reduced autonomy of the traditional African nuclear family, compared to its Western counterpart?

<p>Continued influence of uncles, aunts, and grandparents. (D)</p> Signup and view all the answers

Which aspect of the African family is most likely to foster a strong sense of community and mutual support?

<p>The moral obligation of reciprocity, which promotes sharing and caring among members. (C)</p> Signup and view all the answers

How might a strong attachment to family in African societies influence economic development, considering both positive and negative perspectives?

<p>It can either support or hinder economic development, depending on whether family obligations encourage or discourage individual initiative and investment. (B)</p> Signup and view all the answers

What action reflects the continued importance of family ties in modern African societies, despite social changes?

<p>Transporting bodies over long distances for burial in family burial grounds. (B)</p> Signup and view all the answers

In the context of family ideology and business management in Africa, what is a likely challenge arising from strong kinship bonds?

<p>Difficulty in separating personal relationships from professional decisions. (C)</p> Signup and view all the answers

How does the concept of the African family challenge or expand traditional Western definitions of family?

<p>By including a broader network of individuals related through blood, marriage, or adoption, who may share resources and obligations. (B)</p> Signup and view all the answers

Considering that culture is not sacrosanct, what approach might African societies take to address undesirable aspects of traditional family practices?

<p>Selectively modifying or rejecting negative aspects while preserving beneficial elements. (A)</p> Signup and view all the answers

In what way might family ideology influence property devolution and laws of intestate succession in an African context?

<p>By influencing customs and laws to prioritize the family's collective well-being and continuation. (C)</p> Signup and view all the answers

Which scenario best exemplifies the concept of reciprocity within the African family structure?

<p>A family member living abroad sends money home to support their relatives' education and healthcare. (B)</p> Signup and view all the answers

Which scenario exemplifies how family dynamics can negatively impact business longevity, as described in the context of ephemeral businesses?

<p>Sibling rivalry leads to mismanagement and eventual failure of a family business after the founder's death. (D)</p> Signup and view all the answers

In what way can family norms serve as a foundational asset for establishing successful businesses?

<p>By fostering trust, accountability, and reciprocity, facilitating the pooling of resources and collaborative management. (B)</p> Signup and view all the answers

How do African concepts of property extend beyond tangible assets?

<p>They encompass intangible assets such as songs, ritual capacities, status, and even a good name. (B)</p> Signup and view all the answers

What is a central concern regarding traditional inheritance and succession rules in the context of individual rights?

<p>They may infringe upon the rights of certain individuals, such as children and women, leading to inequitable outcomes. (B)</p> Signup and view all the answers

Which action represents the alienation of joint property without authority?

<p>A group member selling a portion of jointly owned land for personal gain, without seeking permission from the family or clan. (A)</p> Signup and view all the answers

How does self-acquired property differ from joint property in terms of usage and disposal?

<p>Self-acquired property can be freely used and disposed of by the individual, whereas joint property is subject to communal control. (A)</p> Signup and view all the answers

An entrepreneur is considering involving their family in their new business venture. Which of the following strategies would best leverage family dynamics as a business asset?

<p>Establishing clear roles and responsibilities based on individual skills and expertise, while fostering open communication and trust. (C)</p> Signup and view all the answers

A successful entrepreneur wants to ensure their business legacy continues after they retire. Which of the following actions would be least effective in preventing the 'ephemeral business' phenomenon?

<p>Avoiding any discussion about succession to prevent potential family conflicts and allowing for a 'natural' transition. (A)</p> Signup and view all the answers

In a patrilineal society, why might daughters be excluded from inheriting their deceased father's property?

<p>Giving property to daughters could lead to the property leaving the lineage through marriage. (B)</p> Signup and view all the answers

What is a significant challenge faced by widows in patrilineal societies regarding inheritance?

<p>Widows often depend on their children for support and may face deprivation, especially if they have no sons. (C)</p> Signup and view all the answers

According to the content, what is the primary reason for inheritance customs evolving and laws becoming necessary?

<p>To address injustices that arise when individual rights are compromised by traditional norms. (B)</p> Signup and view all the answers

How does lineage structure affect inheritance in societies practicing exogamy?

<p>Members of the conjugal family belong to different lineages, complicating inheritance matters. (B)</p> Signup and view all the answers

Which of the following statements accurately describes inheritance within matrilineal systems, as discussed in the content?

<p>The deceased's brothers/sisters and sister's children (nephews/nieces) are considered next of kin for inheritance. (B)</p> Signup and view all the answers

If a man from the Dinka Bor culture in South Sudan passes away, leaving behind only daughters and no sons, who traditionally inherits his property?

<p>The sons of his daughters' uncle (his brother) inherit the property. (C)</p> Signup and view all the answers

What was the outcome of the legal battle fought by Edith Mmusi and her sisters in Botswana?

<p>The Botswana High Court overturned customary law, allowing them to inherit their family home. (D)</p> Signup and view all the answers

How does the content suggest individual rights are affected when traditional lineage practices govern inheritance?

<p>Individual rights can be undermined, leading to the need for laws that address resulting injustices. (B)</p> Signup and view all the answers

Which statement accurately reflects the role of family loyalty in traditional African societies, as contrasted with Western societies?

<p>African societies prioritize family loyalty even above obligations to the state, a contrast to the more individualistic focus often found in Western societies. (D)</p> Signup and view all the answers

In the context of inter-generational reciprocities within the African family structure, which scenario best exemplifies the Akan proverb 'you look after a child to grow teeth so that he/she might look after you till you lose yours'?

<p>Parents provide for their children's needs, anticipating that the children will care for them in their old age. (A)</p> Signup and view all the answers

How does the traditional African family structure serve as a system of support for its members, particularly in times of need or vulnerability?

<p>By providing a network of social, psychological, and material support, acting as a buffer against misfortunes and vulnerabilities. (B)</p> Signup and view all the answers

According to the principles of traditional African family ideology, how is the concept of 'orphan' typically addressed and why?

<p>The concept of 'orphan' is largely considered redundant because the extended family network provides multiple parental figures for a child. (A)</p> Signup and view all the answers

What is Orphanaid Africa's stance on orphanages in Ghana, and what reasons do they give for this position?

<p>Orphanaid Africa calls for the abolishment of orphanages, citing their foreign origin to Ghanaian culture and proven ineffectiveness, along with reports of abuse. (A)</p> Signup and view all the answers

How does the weakening of the traditional African family structure potentially impact the need for and perception of orphanages?

<p>As the traditional African family weakens, orphanages become more necessary to care for children who would have been supported by their extended family. (B)</p> Signup and view all the answers

Which of the following scenarios best exemplifies the political aspect emphasized within the African family ideology?

<p>A family advocating for a community member's rights with local chiefs, demonstrating collective action in governance. (A)</p> Signup and view all the answers

How does the African family system's collective character provide a means for coping with events such as the premature death of parents, death of spouses, infertility, ageing, or illness?

<p>The family unit pools resources and provides mutual support, distributing responsibilities and offering emotional and practical assistance. (A)</p> Signup and view all the answers

Flashcards

African Family Definition

A group related by blood, marriage, or adoption, identifying with each other, possibly living together, and sharing interests.

Family Morality

The family's moral code emphasizes mutual support, loyalty, and commitment among its members.

Kinship Bond Strength

The closer the relationship, the stronger the expectation of commitment and mutual support.

Family's Societal Role

Family is the cornerstone of society and culture, where individuals are socialized and learn to become responsible.

Signup and view all the flashcards

Family Influence

Attachment to family influences individual and societal behaviors and attitudes.

Signup and view all the flashcards

Perceptions of African Family

The African family is sometimes viewed negatively as a hindrance to development, while others view it as a blessing.

Signup and view all the flashcards

Dual Nature of Family

Like any social institution, the family has both advantages and disadvantages, offering choices but also limiting them.

Signup and view all the flashcards

Adapting Culture

Negative aspects of culture can be addressed by either rejecting or modifying them, as culture is not sacred.

Signup and view all the flashcards

Matrilineage

A descent group traced through the female line (mother, grandmother, etc.).

Signup and view all the flashcards

Patrilineage

Descent traced exclusively through the male line (father, grandfather, etc.).

Signup and view all the flashcards

Lineage

A kinship group with a name and a leader, which may own property and conduct affairs.

Signup and view all the flashcards

Abusua

In Akan society, a matrilineal kinship group including siblings, mother, mother's siblings, and sister's children.

Signup and view all the flashcards

African Family (Traditional)

The African family is more inclusive and larger than the Western family, with a stronger sense of community.

Signup and view all the flashcards

Abusua Membership

Lineage membership includes siblings, mother, mother’s siblings, sister’s children and one’s own children [if one is female]

Signup and view all the flashcards

Patrilineage Members

Kinship groups formed through fathers, including siblings, father, father's siblings, and children of males.

Signup and view all the flashcards

Family Autonomy

Unlike Western families, traditional African nuclear families often lack autonomy, with extended family influencing decisions.

Signup and view all the flashcards

Ephemeral Businesses

Businesses that fail due to family disputes over succession, despite initial success.

Signup and view all the flashcards

Family as Business Asset

Family norms that can be leveraged for business success, such as trust and reciprocity.

Signup and view all the flashcards

African Concept of Property

Anything that can be owned or possessed, including tangible and intangible items.

Signup and view all the flashcards

Types of Property

Material things like livestock, land, tools, and money, or non-material like songs, skills, or status.

Signup and view all the flashcards

Family: Transmission of Resources

The family's role in passing down possessions and status through generations.

Signup and view all the flashcards

Inheritance & Succession

Societal rules and laws that dictate how property is inherited and passed on.

Signup and view all the flashcards

Joint Property

Property owned collectively by a group, often managed by a chief or family head.

Signup and view all the flashcards

Self-Acquired Property

Property an individual owns and controls, free to use or dispose of as they wish.

Signup and view all the flashcards

African Family Bonds

Strong and enduring connections between parents and children, and among siblings.

Signup and view all the flashcards

Family Loyalty

A strong sense of commitment and allegiance to one's family, often surpassing that to the state.

Signup and view all the flashcards

Intergenerational Care

The expectation that parents will support their children, and children, in turn, will care for their aging parents.

Signup and view all the flashcards

Reciprocity Concept

Material and non-material exchanges (support) between family members, either immediately or over time.

Signup and view all the flashcards

Family-Centered Ideology

Africans prioritize family's political, economic, legal, social, and religious roles.

Signup and view all the flashcards

System of Support

A system in the African family where members support each other in times of need.

Signup and view all the flashcards

Orphanage Redundancy

In African families, children who have lost parents are cared for within the extended family network, minimizing the need for formal orphanages.

Signup and view all the flashcards

Orphanaid Africa's Mission

Organizations advocating for family-based care for orphans, opposing institutionalization.

Signup and view all the flashcards

PNDCL 111

Ghanaian Intestate Succession Law

Signup and view all the flashcards

Estate Distribution

Customary law guides remaining estate distribution.

Signup and view all the flashcards

PNDCL 111: Spouse & Children

Spouse receives 3/16, children get 9/16, parents get 1/8, custom gets 1/8.

Signup and view all the flashcards

PNDCL 111: Spouse, No Children

Widower gets a larger share (1/2), children get nothing additional, surviving parent receives 1/4, and customary law receives 1/4.

Signup and view all the flashcards

PNDCL 111: Children, No Spouse

Children inherit ¾ (12/16) and surviving parents inherit ⅛ and customary law receives ⅛.

Signup and view all the flashcards

Lineage Inheritance

When someone dies, the lineage or family collectively claims their property and chooses an heir, who is usually a relative.

Signup and view all the flashcards

Widow's Inheritance (Patrilineal)

In patrilineal societies, the widow typically relies on her children for support and does not directly inherit property.

Signup and view all the flashcards

Daughters' Inheritance (Patrilineal)

In patrilineal systems, daughters often don't regularly inherit to prevent lineage property from going outside the family.

Signup and view all the flashcards

Children's Inheritance (Matrilineal)

In matrilineal systems, a deceased father's children typically do not inherit his property, as they belong to different lineages.

Signup and view all the flashcards

Spouse's Inheritance (Matrilineal)

In matrilineal systems, widows/widowers do not automatically inherit their deceased spouse's property.

Signup and view all the flashcards

Father's Inheritance (Matrilineal)

In Matrilineal systems, fathers cannot inherit from children because they belong to different lineages.

Signup and view all the flashcards

Laws and Inheritance

Laws address injustices when individual rights are undermined within family inheritance customs.

Signup and view all the flashcards

Exogamy and Lineage

In societies practicing exogamy, not all members of a nuclear family belong to the same lineage.

Signup and view all the flashcards

Study Notes

Content of Lecture

  • Focuses on African Family Structures and kinship
  • Focuses on the Types of family
  • Analyses whether the African Family is a Hindrance or a Blessing for Development
  • Focuses on Family Ideology and Business management
  • Property Devolution & laws of intestate succession are discussed.
  • Touches on other related matters

Readings

  • Fortes M wrote 'The Family: Bane or Blessing?'
  • Azu, Diana G wrote The Ga family and Social Change
  • Nukunya G. K. wrote Kinship and Marriage Among the Anlo Ewe
  • Awedoba A. K. wrote Culture & Development

Defining the African Family

  • A group of people related through perceived 'blood' ties, marriage or by adoption.
  • Members identify with each other and may or may not live together
  • May cooperate on regular/irregular basis
  • Could share collective interests & sentiments

Characteristics

  • Morality imposes reciprocity, sharing, and caring for one another, plus loyalty & commitment to members.
  • The closer the kinship bond, the greater the commitment and the higher the degree of reciprocity expected
  • Africans tend to value and boast about their family

Remarks on its importance

  • Family is a foundation of society & culture
  • Individuals are born into a family, grow up within a family and are socialized into responsible members of society
  • Africans still value their family, as demonstrated through newspaper obituaries and transporting bodies for burial in family burial grounds.
  • Attachment to the family accounts for many societal and individual behaviors and attitudes.

Perceptions of the African Family

  • African & European notions of family are often compared
  • Some view the African family as a hindrance to development, while others see it as a blessing and asset
  • Like most social institutions, the family has both positive and negative aspects, providing choices but also denying them.
  • Undesirable features can be dealt with by rejecting or modifying the negative aspects
  • Culture is not sacrosanct and can be changed

Manifestations of Family in Africa

  • Extended family
  • Lineage, Clan
  • Conjugal family, nuclear family, simple family
  • Compound family
  • Family of procreation
  • Family of orientation
  • One-parent family
  • Matrifocal family

The Nuclear/Conjugal Family

  • Exists because of marriage
  • Comprises husband & wife and their children, if any
  • Orientation family from the perspective of the children being raised includes parents & siblings (excluding spouses & kids).
  • Family of procreation from the perspective of the parents includes spouse and children.
  • An African man with more than one wife has a family of procreation that is a compound family, though his Fam. of O may be a simple one.

The Extended Family

  • A network of relatives on the father or mother's side, or both, including kin acquired through marriage and adoption
  • Can be large, may or may not be formally constituted, and may or may not have a name
  • Membership may be open-ended rather than strictly defined but may never meet in one spot as a body.
  • Often lacks a corporate identity, unlike other types of family.
  • Size and membership might depend on the status and influence of the individual at the network's center

Ashanti Extended Family Example

  • Example demographics for an 81 yr. old Ashanti extended family are chief mourners (27), widow (1), children (5), grandchildren (24), brothers and sisters (17), nephews and nieces (27), and in-laws (20), totaling 121

The Lineage/Clan

  • Importance is attached to tracing relationship [descent] ties through men or women to a common ancestor/ancestress.
  • Socially recognized groups of kin are constituted; thus members claim either a common ancestor or ancestress.
  • Ties are traced consistently either through mothers or fathers, depending on the society.
  • Recognized kin groups emerge
  • The technical term for this kin group is lineage
  • A clan is a large lineage with dispersed membership and may have lineages within it.

Features of the Lineage

  • Lineages are more or less corporate, with collective or joint interests and rights.
  • Some communities are segmented into lineages
  • A lineage may have a name and a head (male / female) who administers its affairs
  • It may own property or have joint claims to assets or position/office such as that of chief.
  • Lineage membership may meet periodically to conduct affairs, and it can be a ritual congregation with rites, appellations, totems, taboos, etc.
  • Lineages defend themselves & their rights against encroachment by the rest of the world.

Matrilineage

  • Akan people call lineage abusua, which is matrilineage
  • Abusua membership includes one's siblings, mother, MM, M-siblings, sister's children and one's own children if one is female.
  • It excludes spouses fathers & their siblings, and one's children if one is male.
  • Descent is claimed through women, such as Mother, MM, MMM, etc., but not through men
  • Societies that have such family groups are described as matrilineal
  • Other matrilineal African peoples include - Yao (Malawi), Bemba (Zambia), Lele (Congo DR), Gouro (Cote d'Ivoire)

Patrilineage

  • When kinship groups are formed based on ties traced through fathers/men, patrilineages result.
  • A patrilineage may include a person, the siblings, the father, FF, F-siblings, and children of males.
  • Spouses are not core members, and the children of daughters may not be members.
  • Societies that have large family units composed this way are patrilineal.
  • Examples include the Konkomba, Frafra, Ewe, Ga Yoruba, and Maasai.

The African Family vs. The Western Family

  • The African is more inclusive & demographically larger
  • The African family is collective and lends itself to projection over the wider community, making the community in some senses the family writ large
  • 'Father' is not only the biological father but also his brothers and father's sisters, and indeed people of father's generation
  • Traditional African nuclear family lacks the autonomy the Western family enjoys
  • Uncles, aunts, and grandparents continue to have a say in the affairs of the nuclear family in many parts of Africa, even today.

African Family Characteristics II

  • Strong & long-lasting parent-child bonds
  • Strong and lasting sibling-sibling bond
  • Strong loyalty & commitment to family, even outweighing that to the state
  • The African nuclear family lives and grows while the Western family withers with time
  • African expectation is that parents fend for their children, and children, in turn, would take care of parents in the parents' old age
  • African ideology emphasizes the family's political, economic, legal, social, and religious aspects

Inter-generational Reciprocities

  • Reciprocities are material and non-material exchanges between parties, and they can be immediate or delayed.
  • Akan saying: 'you look after a child to grow teeth so that he/she might look after you till you lose yours'

Implications of Collective Characters

  • Provides social & psychological support / security in an increasingly individualistic world, as 'being your brother's keeper.'
  • Can be the means for coping with misfortune, tragedy, vulnerabilities

Case of Orphans

  • African Family ideology makes orphanages redundant because a minor has several mothers & fathers, and the African Family caters for the 'orphan'
  • In the West, the state cares for orphans through orphanages, but as the African Family weakens, orphanages become necessary.

Abolish Orphanages

  • Orphanaid Africa advocates for families to care for orphans instead of taking them to orphanages
  • Government is urged to abolish orphanages, stating they are foreign to Ghanaian culture and have proven to be ineffective
  • Call comes in the wake of grave abuses and crimes against children in three orphanages in Ghana.

Problems with Orphanages

  • Orphanages detach children from society and make them lose self-confidence when they become adults
  • Government can instead create foster homes, children residential homes, temporary placements and transit points for orphans to be restored to their extended families or to foster families

Means For Addressing Social Inequalities

  • Family compels the well-to-do to share with the less well off
  • Via the African family, resources may flow from wealthier settings to deprived settings [Urban → Rural; Western world → Africa].
  • This is the basis for making claims on the well-off

Exchange Flows

  • Total private money transfers to Ghana for Jan-May 2011 were $4.2 billion
  • Remittances to the Sub-Saharan Africa possibly reach $US24 billion by 2012
  • Remittances go directly to households, greatly impacting poverty reduction, funding housing and education, basic needs, and business investments.
  • Nigeria is the top remittance recipient in Africa

Implications: The Under Side

  • The African notion of family prioritizes numbers leading to Large Family Sizes:
  • Potentially High Dependency Ratio - Multiple demands on the well-to-do salaried adult
  • Lack of autonomy for the nuclear family because of involvement of kin in management of individual's family. Can undermine conjugal life
  • Strong Loyalty can lead to nepotism & corruption and undermine patriotism and national cohesion

Nepotism & Business Management

  • Strong Family Loyalty leads to nepotism and corruption, and when family interests clash with official & national demands, office and country are losers.
  • Embezzlement & misallocations can result
  • Family/ethnic mates are privileged in decision-making and allocation of public resources
  • Kinship requirements can undermine Bureaucratic norms in the work place
  • Inordinate respect for age can undermine work discipline, and traditional statuses can also affect the exercise of authority in the workplace

Case of Ephemeral Businesses

  • Kinship norms are ambivalent about successors, so some successful businesses do not out-live their originators because of family bickering about who should succeed
  • Entrepreneurs' children may be sidestepped in the choice of heir, and successors mismanage and kill ventures

Family: Potential Business Asset

  • Family can promote business and family norms are family norms of: trust, accountability, goodwill, and reciprocity.
  • The family is means for pooling capital resources to establish and manage businesses and the trust that relatives have in each other is an asset to business establishment.
  • History provides examples of how family and family ideology have accounted for successful business ventures

Concepts of Property

  • Property is anything owned or can be possessed, and it may be tangible or intangible:
  • Tangible includes material objects: livestock, landed property, tolls, utensils, and cash
  • Tangible includes Persons - spouses, children, and relatives
  • Property may be non-material items, such as songs, dances, ritual capacities, divinatory expertise, therapeutic skills or some idea that has been invented or coined
  • Property includes an office, status or roles, such as chieftaincy, priesthood, or even a good name

Family: Transmission of Resources

  • Inheritance & succession is governed by Norms and Laws
  • The family is often a property-holding unit, which can impact conflicts and peace.
  • Societies have rules prescribing how property, whether joint or private property, should be accessed, used or distributed.
  • There are concerns that individual rights, such as children's and women's rights, are sometimes infringed by traditional inheritance & succession rules

Property Ownerships

  • Joint Property: Collectively owned and vested in chiefs/ancestors, and administered by the head of family or clan
  • Group members may have access to such property, but they may not alienate it without authority
    • Land is an Example
  • Self acquired property: is available to the individual to use as he/she likes and may dispose of as he/she sees fit
  • May become be joint property after death; the lineage collectively, or family may claim it
  • An heir then is prescribed from the kin to take possession. Invariably, the inheritor is a member of the lineage

Inheritance Exclusions

  • Widows in patrilineal societies do not inherit and depend on their children to provide for them
  • If they have no sons, then they could suffer deprivation, especially in old age.
  • Daughters are not regular inheritors and allowing them to inherit the deceased father's property could alienate lineage property, as the husband is often an outsider
  • Women may or may not inherit even women's property.

Botswana Women Win Right to Inherit

  • The Botswana High Court in 2012 overturned a customary law which prevented women from inheriting the family home
  • Edith Mmusi and her sisters fought a five-year legal battle after their nephew said he was the rightful owner of their house
  • In Zimbabwe the death of husbands can subject women to poverty
  • In the Dinka tribe in South Sudan , property is inherited by the older son or the sons of daughters' uncle (their father's brother); Women don't own properties in Dinka Bor culture.

Matrilineal Inheritance

  • The next of kin (for inheritance) among matrilineal Akans include brothers /sisters of the deceased; sister's children (nephews/nieces); and some other member of the lineage
  • Traditionally, the lineage could select an heir to inherit the property of the deceased, but these norms are changing
    • This includes both assets and liabilities

Exclusions in Matrilineal Systems

  • Children do not automatically inherit their deceased father's property because they are not seen as members of the father's lineage Widows/widowers do not automatically inherit the deceased spouse's property
  • The father cannot inherit the children's property since he is from a different -lineage
  • Laws become necessary to address injustices when individual rights are undermined

Nuclear Family vs. Lineage

  • In Lineal societies where exogamy obtains, the members of the conjugal family do not all belong to one lineage
  • Thus conflict can be ruled out between conjugal family & lineage and may center on factors like loyalty and commitment or property rights

PNDCL 111 Law

  • INTESTATE SUCCESSION LAW in 1985 comes to the rescue of the nuclear family so that widows' and orphans' property rights are not abused
  • In the case where the estate includes only one house, the surviving spouse or child or both of them shall be entitled to that house
  • In the case where the estate includes more than one house, the surviving spouse or child or both of them shall determine which house devolves to who
  • 3/16 of the estate goes to the surviving spouse.
  • 9/16 the surviving children take their share.
  • Surviving parents take one-eighth of the deceased's estate.
  • Distribute the remaining one-eighth of the estate in accordance with the customs of the people
  • If there is no surviving parent, then 4/16 of the estate should be distributed by customary law 3
  • If the deceased is not survived by a spouse ³/â‚„ (12/16) of the estate goes to children 3
  • If there is not surviving spouse nor orphans, then the surviving parents' share increases to ³/â‚„ (12/16)
  • This law applies where a person dies intestate, and applies to all Ghanaians regardless of whether it is matri- or patri-lineal
  • The law makes a large bulk of the father's estate go to the surviving children and the widow
  • Husbands (widowers) can claim significant portions of their deceased wives' and children's estates
  • The surviving parent who would otherwise have to be cared for by his/her children gets a share of the deceased child's estate

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

More Like This

Untitled
110 questions

Untitled

ComfortingAquamarine avatar
ComfortingAquamarine
Untitled Quiz
6 questions

Untitled Quiz

AdoredHealing avatar
AdoredHealing
Untitled
6 questions

Untitled

StrikingParadise avatar
StrikingParadise
Untitled Quiz
50 questions

Untitled Quiz

JoyousSulfur avatar
JoyousSulfur
Use Quizgecko on...
Browser
Browser