ABSTRACT
Today, a plurality of personal statuses in family matters persists in a significant number of African and Asian countries. This volume identifies 33 countries as presenting this configuration and provides a comprehensive overview of their legal systems, examining the relationship between the plurality of personal laws and the principle of equality. After a long period of stability dating from the colonial era, these countries are seeing more and more conflicts involving the plurality of personal status laws. The work takes a comparative and multi-disciplinary approach to understand the different aspects and levels involved in this heterogeneity and link them with the concepts of equality and non-discrimination. The first part of the book presents the concepts used to analyse personal status laws in their historical, sociological, ethnographic, and legal contexts. The chapters in the remainder of the book, each devoted to a country or in some cases a group of neighbouring countries, are written by specialists drawn from a large international and interdisciplinary pool. With its multi-disciplinary approach, including law, history and anthropology, the work will be a major contribution to the field of “socio-historical jurisprudence.” It will be of interest to academics and researchers working in the areas of socio-legal studies, human rights, religion-inspired law, and law and politics.
TABLE OF CONTENTS
part I|125 pages
Personal Status Laws and Minorities
chapter 2|46 pages
Accounting for Legal Pluralism in Action
part II|190 pages
Countries Witnessing Tensions With the Principle of Equality
chapter 5|14 pages
The Imbroglio of Personal Status in Cameroon Between Multi-Ethnicity, Multiculturalism, and Equality
chapter 7|15 pages
Personal Status Laws in India
chapter 8|16 pages
Personal Status Law in Indonesia
chapter 9|15 pages
Personal Status Law in Israel
chapter 10|14 pages
Kadhi Courts and the Persistence of Legal Pluralism in Kenya's Family Law System
chapter 11|16 pages
The Principle of Equality and the Pluralism of Personal Status
chapter 12|17 pages
Personal Law in Malaysia
chapter 14|17 pages
Palestine
chapter 16|15 pages
Equality and Plural Personal Status Laws in Tanzania
part III|152 pages
Countries Witnessing Gaps in the Implementation of Legal Pluralism in Practice
chapter 17|14 pages
Implementation of Personal Status Laws and Constitutional Inequality in Bangladesh
chapter 20|16 pages
The Vicissitudes of Personal Status Pluralism in Iraq
chapter 21|10 pages
The Absence of a Unified Civil Code in Jordan
chapter 22|14 pages
Statutory Weakening and Bureaucratic Hurdles in the Implementation of Legal Pluralism in Myanmar
chapter 23|21 pages
A Right to Inequality? Islam and the Development of Pakistan's Personal Status Law System From Independence to the Present
chapter 24|23 pages
Sudan's Legal Framework on Personal Status Laws, Equality, and Non-Discrimination
part IV|167 pages
Countries Witnessing Mild Tension With the Principle of Equality
