Reconciling Legal Pluralism: The Clash and Coexistence of Customary and Statutory Law in Resolving Ugandan Family Disputes (2000–2025) a Case Study of Mukono District
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Date
2025-05-28
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Uganda Christian University
Abstract
This research examines the relationship between customary and statutory law in resolving
family disputes in Uganda from 2000 to 2025, with particular emphasis on how the two systems
coexist, where they conflict, and how these interactions affect access to justice, especially for
vulnerable groups such as women and children. Using a mixed-methods approach that
combines surveys, in-depth interviews, focus group discussions, and legal case analysis, the
study provides a comprehensive understanding of the practical realities faced by communities.
The Findings of study shows that although legal reforms have been introduced to promote the
integration of customary and statutory systems, several tensions and contradictions are still
existent, particularly in areas like inheritance rights, marital disputes, and child custody.
Customary practices, due to their accessibility, affordability, and deep cultural roots, continue
to be preferred dispute resolution mechanisms in rural and semi urban settings. On the other
hand, statutory law, even though it offers greater legal protection, it is at most times seen as
not accessible, expensive, and distant for the majority of the people. This research also shows
how economic challenges and ignorance of legal rights heavily influence the choice of whether
to use customary or statutory law, most times resulting in the marginalization of women and
children. It ends by encouraging and emphasizing the immediate need for legal reforms, the
strengthening of legal education and awareness, and establishing of hybrid systems to cater for
both systems.
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Undergraduate research