Vol. 2011 No. 1 (2011)

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

Atsatsie Amoako-Agyei, Ashesi University Kwesi Adutwe-Amuzu, Department of Interdisciplinary Studies, Ashesi University
DOI: 10.5281/zenodo.18940693
Published: March 27, 2011

Abstract

Customary law in Ghana plays a significant role in family matters, often coexisting with statutory laws established by the government. However, their interaction and integration are not always clear or harmonized. The analysis is based on a review of legal literature, court decisions, and consultations with legal practitioners. The study emphasizes empirical insights from recent case law and community practices. Recent court rulings have highlighted inconsistencies in applying customary laws versus statutory ones in family disputes, particularly regarding inheritance rights and child custody issues. The findings underscore the need for a more integrated approach to legal frameworks that can better accommodate both customary and statutory laws in resolving family matters. This brief recommends the development of guidelines that clarify the interface between customary and statutory law, aiming to enhance legal certainty and promote equitable outcomes in family cases.

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How to Cite

Atsatsie Amoako-Agyei, Kwesi Adutwe-Amuzu (2011). Customary Law and Statutory Law in Family Matters: A Ghanaian Interface Analysis. African Transitional Justice Law (Law/Political Science/Social crossover), Vol. 2011 No. 1 (2011). https://doi.org/10.5281/zenodo.18940693

Keywords

Geographic Terms: African Methodological Terms: Legal PluralismMixed Law Jurisdictions Theoretical Terms: Customary Law PrinciplesStatutory Interpretation Techniques Relevant Terms: Family Law ReformCultural Sensitivity in Legislation

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Vol. 2011 No. 1 (2011)
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African Transitional Justice Law (Law/Political Science/Social crossover)

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