ABSTRACT
This chapter examines the challenges and dynamics of constitutional recognition of Islamic family law within Ethiopia’s legal pluralism. The country’s multi-ethnic and multireligious federal system acknowledges regional states as well as traditional and religious authorities as regulators of personal status matters. The study traces the historical and contemporary interactions between state, customary, and Islamic legal domains, illustrating how governmental strategies to balance “national unity” and group autonomy have created both negotiation space and significant tensions, particularly regarding equality and gender rights. Through landmark cases and legal provisions, the text reveals the ambiguity surrounding the voluntary consent to religious adjudication, the dilemmas faced by judicial review bodies, and the continuous power struggles between state actors and religious actors. Mechanisms of dispute resolution, forum shopping, and limited state oversight further complicate the picture, often leaving gaps that particularly affect women’s rights and access to justice. While state legal pluralism opens avenues for adaptation and innovation, it also perpetuates group-based negotiations with rather situational concessions that frequently come at the expense of individual rights and clear regulatory standards. Thus, the Ethiopian experience demonstrates the creative yet contested realities of “managing” legal pluralism in pursuit of both diversity and equality.
