In an interview with Accra- based JoyNews on Sunday, 7 July, Justice Osei Tutu argued that the tradition of women changing their names after marriage has lost its legal relevance.
He explained that this practice originated as an English custom intended to diminish women, but its significance has waned over time.
"This practice originated as an English custom intended to demean women, but its significance has diminished over time.
"So we need to reconsider our adoption of the Mrs and the use of the husband's name"
He questioned why women still adopt their husbands' surnames upon marriage, noting that the legal and social contexts that once mandated this practice have evolved.
"As old as the 11th century, married women were disabled from performing lawful acts. So if you marry as a woman, your husband's identity covers you."
"This was an English custom which continued for many centuries until the 16th century when Christian ideology was used to support it. The Bible says that women should submit to their husbands."
"Towards the 19th century legislation was passed to empower women to do some of the things they could not do," he stressed.
Justice Osei Tutu further added, "If you want to use the Bible to justify it, you may get it wrong because nowhere in the Bible did we have a woman changing the name because she got married. Eve was never called Adam Eve. Jesus' mother was not called Mary Joseph."
He also highlighted that in Islamic tradition, changing one's name to adopt a spouse's surname is not permitted, underscoring the diverse cultural and religious perspectives on this issue.
Justice Osei Tutu's remarks have ignited discussions on the relevance of maintaining traditional practices in modern society, prompting reflection on the significance of personal identity and autonomy for women.