Vol. 2011 No. 1 (2011)
Customary Law and Statutory Law Interface in Ghanaian Family Matters
Abstract
Customary law in Ghana plays a significant role in family matters, often coexisting with statutory laws such as the Marriage Act of . A qualitative comparative analysis of legal case studies from different regions of Ghana, focusing on the interactions between traditional practices and formal legislation. Customary law often dictates outcomes for certain family issues where statutory laws are silent or less applicable. For instance, in 60% of cases reviewed, customary tribunals applied local customs directly to resolve inheritance disputes. The interface between customary and statutory laws significantly influences the legal landscape for families, necessitating a more integrated approach to law reform. Advisors should be trained in both customary and statutory law principles. Policymakers need to harmonize laws where possible, particularly regarding inheritance rights and child custody.
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