Vol. 2006 No. 1 (2006)
Customary Law and Statutory Law Interfaces in Family Matters: A Mixed Methods Study in Ghana
Abstract
Customary law in Ghana plays a significant role in family matters, often alongside statutory laws enacted by the government. Understanding how these two legal systems interact is crucial for addressing gender disparities and promoting equitable outcomes. The research employs both qualitative interviews with legal practitioners and quantitative surveys among community members to gather data on legal practices and perceptions. Ethnographic observations in selected communities complement the survey findings. In one study area, a quarter of disputes involving inheritance were resolved through customary law alone, indicating its significant influence despite statutory laws' presence. The mixed methods approach reveals that while statutory laws offer clarity and protection for individuals, they often face challenges in implementation due to cultural preferences for customary practices. Recommendations include developing culturally sensitive legal reforms and enhancing community engagement with legal frameworks. Develop legally informed educational programmes targeting both traditional leaders and the general public. Implement pilot projects integrating customary and statutory law processes to assess their effectiveness and make necessary adjustments.