African Insurance Law (Law/Business crossover)

Advancing Scholarship Across the Continent

Vol. 2003 No. 1 (2003)

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Customary Law and Statutory Interpretation in Ghanaian Family Matters, 2003

Yaw Adziva, Department of Advanced Studies, Council for Scientific and Industrial Research (CSIR-Ghana) Kofi Ababu, Kwame Nkrumah University of Science and Technology (KNUST), Kumasi Osagyefo Osei, Kwame Nkrumah University of Science and Technology (KNUST), Kumasi
DOI: 10.5281/zenodo.18779433
Published: July 13, 2003

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.

How to Cite

Yaw Adziva, Kofi Ababu, Osagyefo Osei (2003). Customary Law and Statutory Interpretation in Ghanaian Family Matters, 2003. African Insurance Law (Law/Business crossover), Vol. 2003 No. 1 (2003). https://doi.org/10.5281/zenodo.18779433

Keywords

GeographicAfricanCulturalAnthropologySociolegalStudiesLegalComparativeAnalysisParticipantObservationIndigenousLaw

References