Customary law in Ghana plays a significant role in family matters, often intertwining with statutory laws enacted by the state. This study aims to explore the interface between these two legal systems. The research employed semi-structured interviews and focus group discussions with legal practitioners, community leaders, and litigants to gather insights into the interaction between customary and statutory laws in family matters. Data analysis involved thematic coding of interview transcripts and discussion notes. Interviews revealed that while statutory law provides a framework for resolving disputes, customary practices often dictate the specific outcomes sought by parties. For instance, in cases involving inheritance, participants highlighted significant variations in judgments between customary and statutory courts, with approximately 60% of respondents reporting differences in rulings. The study underscores the complex interplay between customary and statutory laws in Ghana's legal system, particularly in family matters. It highlights areas where further harmonization could improve judicial outcomes and reduce conflict. Legal practitioners and policymakers should consider integrating customary practices into statutory law frameworks to ensure more equitable and culturally sensitive resolutions of disputes involving families. Future research could explore the implementation of such integration strategies.
Mr Patrick Blake (Fri,) studied this question.