The Role of customary law in combating FGM: an analysis of the interpretation and implementation of both customary and statutory laws in communities where FGM is practiced

Abstract

Female Genital Mutilation (FGM) endures as a severely entrenched cultural tradition in various societies in Kenya, posing significant risks to the well-being and rights of women and girls. This study assesses the interconnectedness between customary law and statutory frameworks in addressing FGM within communities where it is widespread. By examining the interpretation and implementation of both customary and statutory laws, this investigation aims to bring out the role of traditional legal systems in preserving or alleviating the practice of FGM. This research delves into the complexities surrounding the enforcement of laws aimed at eliminating FGM. It explores how customary values, norms, and practices blend with statutory provisions, influencing attitudes towards FGM and shaping responses from communities and legal institutions. This study aims to provide insights into the challenges and opportunities for utilizing customary law as a tool for effective FGM prevention and eradication, while also addressing potential tensions and contradictions between customary and statutory legal frameworks. The results of this study highlight the significance of embracing a comprehensive approach that acknowledges and collaborates with traditional legal systems in endeavors to combat FGM. While statutory laws are crucial in establishing legal frameworks and norms, effective strategies must navigate landscape of customary practices and beliefs. This research contributes to a deeper comprehension of how customary law can be utilized as a driver for change, fostering community-led initiatives and encouraging dialogue between traditional authorities, legal institutions, and grassroots organizations to eliminate FGM and sustain the rights and dignity of women and girls.