Customary law in Ghana plays a significant role in family matters, coexisting with statutory laws enacted by the government. This study examines how these two legal systems interact and are applied in practice. The research employs a survey methodology involving interviews with legal practitioners, court officials, and community leaders. Data analysis focuses on qualitative content from these interactions to understand the dynamics of law application. In over half of the cases reviewed, there was a significant overlap where customary laws were applied alongside statutory ones, often leading to confusion in judicial proceedings. About one-third of respondents expressed concerns about the lack of clear guidelines for such hybrid legal scenarios. The findings highlight the necessity for clearer legislation and harmonization efforts between customary and statutory law to ensure consistency and fairness in family matters within Ghanaian courts. Policy makers should develop comprehensive guidelines that articulate how customary practices can be integrated into statutory laws without compromising their unique cultural value. Judicial training programmes must also address this interface explicitly.
Afriyie et al. (Mon,) studied this question.