Vol. 2011 No. 1 (2011)

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Customary Law and Statutory Disputes in Ghanaian Family Matters: A Normative Interface Analysis

Sakya Kofi Afariña, Kwame Nkrumah University of Science and Technology (KNUST), Kumasi Kwasi Kwadwo Gyamfi, Council for Scientific and Industrial Research (CSIR-Ghana) Abena Adjoah Owusu, Department of Research, Council for Scientific and Industrial Research (CSIR-Ghana)
DOI: 10.5281/zenodo.18940442
Published: May 10, 2011

Abstract

Customary law continues to play a significant role in family matters within Ghanaian society, alongside statutory laws enacted by the government. This commentary examines the interface between these two legal systems in resolving disputes. This analysis employs a normative interface approach, drawing from legal literature, court decisions, and academic research to understand the complexities of combining customary and statutory laws. The interface between customary law and statutory law in Ghanaian family matters is complex and dynamic, requiring nuanced understanding and resolution through judicial discretion and legislative reform where necessary. Legal practitioners should be trained to better understand both systems. Policy-makers could consider revising laws to more accurately reflect customary practices or provide mechanisms for harmonizing them with statutory frameworks.

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Sakya Kofi Afariña, Kwasi Kwadwo Gyamfi, Abena Adjoah Owusu (2011). Customary Law and Statutory Disputes in Ghanaian Family Matters: A Normative Interface Analysis. African Refugee Law Studies (Law/Social/Political crossover), Vol. 2011 No. 1 (2011). https://doi.org/10.5281/zenodo.18940442

Keywords

GhanaianCustomaryStatutoryJurisprudenceContextualizationEthnographyNegotiation

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Vol. 2011 No. 1 (2011)
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African Refugee Law Studies (Law/Social/Political crossover)

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