African Insurance Law (Law/Business crossover) | 08 May 2003
Customary Law and Statutory Interpretation in Ghanaian Family Matters, 2003
Y, a, w, A, d, z, i, v, a, ,, K, o, f, i, A, b, a, b, u, ,, O, s, a, g, y, e, f, o, O, s, e, i
Abstract
The study examines the interface between customary law and statutory law in family matters within Ghanaian society. Qualitative ethnographic research was conducted through participant observation, interviews with legal practitioners and community members, and document analysis of court decisions and legal texts. In 80% of reviewed cases, customary practices significantly influenced statutory law interpretations, particularly in inheritance disputes where both parties frequently invoked traditional customs. Customary law plays a crucial role in the interpretation of family laws in Ghana, necessitating integration into statutory legal frameworks to enhance fairness and consistency. Legal education should include customary law principles, and judges must be trained to consider cultural contexts when interpreting statutes.