Showing posts from June, 2021

A discussion and comparison of the influence of customs and customary law in African and Asian legal systems.

Customary law in Africa and Asia prior to colonialism was considered as law or processes used to resolve conflicts either by informal or formal means. These customs governed a group of indigenous people and could change depending on the location in the country. After colonialism, these customary or local methods were incorporated into the formal framework of governing laws implemented by colonial regime. The continuity of customary law into the modern nation was mandated as not to destroy cultures. The British colonial regime infused a doctrine of indirect rule, so as to keep intact local hierarchies, laws, and customs. Customary law has remained a strong influence in the developing world, especially in countries where the apparatus of the nation state does not extend to every quarter of the country.  In the case Ghana and Nigeria, customary law as relates to traditional marriage practices are still construed as legitimate and part and parcel of the laws of the land. Specifically, marr