Vol. 2008 No. 1 (2008)

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Customary Law and Statutory Jurisdictions in Family Matters: Ghanaian Interfaces

Kofi Mensah, Department of Research, Kwame Nkrumah University of Science and Technology (KNUST), Kumasi Adjoa Owusu-Brown, University of Cape Coast Amoako Kwabena, Department of Advanced Studies, University of Professional Studies, Accra (UPSA) Yaw Agyei, Department of Advanced Studies, University of Professional Studies, Accra (UPSA)
DOI: 10.5281/zenodo.18881904
Published: March 25, 2008

Abstract

Customary law in Ghana plays a significant role in family matters, often coexisting with statutory laws enacted by the government. The study employs a mixed-methods approach, combining legal case analysis with interviews to explore judicial practices and public perceptions of custom versus statute in familial disputes. In the examined cases from , there was an observed trend where statutory law predominantly governed when it applied directly to family issues, while customary law maintained influence through mediation or community-based resolutions. While statutory laws provide a clear framework for resolving certain family conflicts, they often coexist with customary practices that offer alternative dispute resolution mechanisms and societal values in other cases. Promote public education on the interplay between custom and statute to enhance understanding of legal processes and promote compliance. Encourage judicial training programmes to better integrate both legal systems.

How to Cite

Kofi Mensah, Adjoa Owusu-Brown, Amoako Kwabena, Yaw Agyei (2008). Customary Law and Statutory Jurisdictions in Family Matters: Ghanaian Interfaces. African Constitutional History (Law/History/Political Science crossover), Vol. 2008 No. 1 (2008). https://doi.org/10.5281/zenodo.18881904

Keywords

African geographyCustomary lawJurisdictional overlapMixed-methods approachStatutory lawLegal pluralismAfrican sociology

References