African Family Law Review (Law/Social crossover) | 22 November 2009
The Customary and Statutory Law Interface in Family Matters Across Ghana
K, o, f, i, A, g, g, r, e, y, ,, E, r, n, e, s, t, B, o, a, t, e, n, g
Abstract
Family matters in Ghana are governed by a dual legal system comprising customary law and statutory law. A mixed-methods approach involving interviews with legal practitioners, focus group discussions among community members, and document analysis of court cases. Findings suggest that customary law prevails in rural areas but is increasingly being challenged by statutory laws in urban settings, leading to complex judicial decisions. The interface between customary and statutory law in family matters highlights the need for more harmonized legal frameworks that respect traditional practices while ensuring modern protections. Develop clearer guidelines on how courts should balance customary and statutory laws in cases involving both systems.