African Legal Philosophy and Theory (Law/Philosophy crossover) | 26 July 2000

Interfaces Between Customary and Statutory Law in Ghanaian Family Matters: A Theoretical Framework

A, m, o, a, k, o, A, f, u, a, ,, K, o, f, i, A, d, a, r, k, w, e, l, i

Abstract

Customary law and statutory law coexist in various legal systems around the world, often intersecting in complex ways. A theoretical framework is developed through a review of existing literature on customary law, statutory law, and their intersection in African contexts. A theoretical understanding of the interaction between these legal systems can inform policy recommendations aimed at harmonizing them for more equitable outcomes. Policymakers should consider establishing clear guidelines to facilitate smoother transitions from customary to statutory law in family matters, particularly regarding gendered inheritance rights.