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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Asantehemaa's court and its jurisdiction over women: a study in legal pluralism
Author:Manuh, Takyiwaa
Year:1988
Periodical:Research Review (ISSN 0855-4412)
Volume:4
Issue:2
Pages:50-66
Language:English
Geographic term:Ghana
Subjects:Ashanti
customary courts
women
law
Law, Legal Issues, and Human Rights
Cultural Roles
Abstract:Following a theoretical discussion of the concept of legal pluralism and of the ways in which populations and subgroups seek to regulate their behaviour and transactions outside the official, State-sanctioned structures and institutions operating within a nation-State (part 1), the author presents the Asantehemaa's court in Kumasi (Ghana) as an example of legal pluralism in action (part 2). In Asante law and constitution, the Ohemaa ('queen mother') had important roles and particular functions as regards women, and meticulous application of laws and regulations pertaining to sexual relations and private property served in some way to ensure that women's level of selfhood and respect was maintained. The origins and jurisdiction of the Asantehemaa's court, the mode of initiating proceedings before it, its relationship with the national legal system, and its protection of women's rights, are described. Even when the Ohemaa had no official recognition, as was the case under British colonial rule, the Asantehemaa's court survived. Today it has adapted itself to changed circumstances and secured recognition by some State agencies. Bibliogr., notes, ref.