African Trade and Investment Law (Law/Economics/Business crossover) | 02 November 2007
Customary Law and Statutory Law Interfaces in Family Matters of Ghana: An Action Research Study
K, o, f, i, A, n, n, a, n, w, a, ,, Y, a, w, A, s, a, r, e, k, p, e, k, o
Abstract
The interface between customary law and statutory law in family matters is a complex area of legal practice in Ghana, where both systems coexist. The research employs an action research approach, involving participant observation and semi-structured interviews among community members and legal practitioners. Participants reported that statutory law often overrides customary law in cases where there is clear evidence of statutory compliance; however, customary law continues to influence decisions in ambiguous situations. The study highlights the importance of understanding both legal systems for effective dispute resolution in family matters. Legal practitioners should be trained on the nuances of both customary and statutory laws to facilitate fairer outcomes in cases where both frameworks apply.