Vol. 2006 No. 1 (2006)
Customary Law and Statutory Law in Family Matters: An Interface Analysis in Ghana's Legal Framework,
Abstract
Customary law plays a significant role in family matters across Ghana's legal framework, often operating alongside statutory laws to address diverse social and cultural needs. Qualitative research methods were employed, including interviews with legal practitioners, community leaders, and family members to gather insights into how customary and statutory laws are applied in practice. A key finding is the existence of significant overlap where both systems coexist within specific communities, though there remains a notable divergence in areas such as divorce and inheritance rights. The findings suggest that while customary law often prevails over statutory law in certain contexts, it is crucial to understand how these two legal frameworks can be harmonized for more effective dispute resolution in family matters. Recommendations include the development of a comprehensive legal education programme to enhance understanding and respect for both customary and statutory laws among different stakeholders.