The Interface between Customary and Statutory Law in Family Matters in Ghana: An African Comparative Study

Family law in Ghana is influenced by both customary law and statutory law, creating a complex interface that has implications for legal reform and policy development. The research employs comparative legal analysis, examining case law, legislative documents, and academic literature from both customary and statutory sources. Ethnographic interviews were conducted to gather insights into local practices and perceptions. A key finding is the significant influence of customary laws in shaping family outcomes, particularly in areas like marriage customs and inheritance rights, despite the presence of statutory law. The study highlights the need for harmonizing customary and statutory laws to ensure legal stability and fairness in family matters. Recommendations are provided for legislative reform and policy development. Legislative amendments should be made to address inconsistencies between customary practices and statutory provisions, ensuring that statutory law does not undermine or supersede customary rights.