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March 10, 20260 citationsOpen Access

The Customary and Statutory Law Interface in Ghanaian Family Matters: A Mixed-Methods Inquiry

KAKofi Gyasi AgyeiATAdjoa Twumaso

Key Points

  • This inquiry examines the interactions between customary and statutory law in Ghanaian family matters.
  • Conducted qualitative interviews with judges, lawyers, and community leaders.
  • Administered quantitative surveys to gather broader data from affected individuals.
  • Analyzed responses to identify the extent of conflicts between customary and statutory laws.
  • 42% of respondents reported experiencing conflicts between customary and statutory laws.
  • Highlighting the need for comprehensive training for judges on mixed-law scenarios.
  • Emphasized the importance of public awareness about legal pluralism.

Abstract

The interface between customary law and statutory law in Ghanaian family matters is a complex issue due to the country's legal pluralism. The study employs both qualitative interviews and quantitative surveys to gather data from diverse stakeholders including judges, lawyers, community leaders, and affected individuals across different regions of Ghana. A notable finding is the significant proportion (42%) of respondents who reported encountering conflicts between customary and statutory laws in their practice or personal experiences. The study concludes that a nuanced understanding of both legal frameworks is essential for effective dispute resolution and policy-making in family matters. Recommendations include developing comprehensive training programmes for judges on the application of mixed-law scenarios, and promoting public awareness campaigns about legal pluralism. Customary Law, Statutory Law, Family Matters, Ghanaian Legal Pluralism

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Cite This Study

Agyei et al. (2010) studied this question.

synapsesocial.com/papers/69af958570916d39fea4d2a2https://doi.org/10.5281/zenodo.18916360
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