African Trade and Investment Law (Law/Economics/Business crossover)

Advancing Scholarship Across the Continent

Vol. 2007 No. 1 (2007)

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Customary Law and Statutory Law Interfaces in Family Matters of Ghana: An Action Research Study

Kofi Annanwa, Department of Research, Ashesi University Yaw Asarekpeko, Accra Technical University
DOI: 10.5281/zenodo.18860100
Published: August 8, 2007

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.

How to Cite

Kofi Annanwa, Yaw Asarekpeko (2007). Customary Law and Statutory Law Interfaces in Family Matters of Ghana: An Action Research Study. African Trade and Investment Law (Law/Economics/Business crossover), Vol. 2007 No. 1 (2007). https://doi.org/10.5281/zenodo.18860100

Keywords

GhanaCustomary LawStatutory LawJurisprudenceLegal PluralismEthnographyAction Research

References