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Equality, Plurality and Personal Status Laws: A Research Companion

Edited by: Nathalie Bernard-Maugiron et al.

ISBN13: 9781032428116
To be Published: May 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £205.00





Today, a plurality of personal statuses in family matters persists in a significant number of African and Asian countries. This volume identifies 34 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 second part, 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.

Subjects:
Other Jurisdictions , Africa
Contents:
Preface
Introduction
Nathalie Bernard-Maugiron, Baudouin Dupret and Jean-Louis Halpérin

Part 1: Personal Status Laws and Minorities
Chapter 1. Personal Status in Historical Context
Jean-Louis Halpérin
Chapter 2. Accounting for Legal Pluralism in Action: A Case Study of Interfaith Marriage in Indonesia and its Praxeological Implications
Ayang Utriza Yakin and Baudouin Dupret
Chapter 3. Countries Falling Outside the Scope of the Research
Nathalie Bernard-Maugiron and Zohra Aziadé Zemirli
Chapter 4. From a Static Typology to a Typology of Dynamic Tensions
Jean-Louis Halpérin, Radhika Kanchana and Zohra Aziadé Zemirli

Part 2: Countries Witnessing Tensions with the Principle of Equality
Chapter 5. The Imbroglio of Personal Status in Cameroon between Multi-Ethnicity, Multiculturalism and Equality
Thérèse Atangana-Malongue
Chapter 6. The Long-Standing Quest for the Unification of Egyptian Family Law
Nathalie Bernard-Maugiron and Karim El-Chazli
Chapter 7. Personal Status Laws in India: An Ambiguous Path Towards a Uniform Civil Code
Jean-Philippe Dequen
Chapter 8. Personal Status Law in Indonesia: Discursive and Practical Debate on Equality (Between Muslims and Non-Muslims)
Euis Nurlaelawati
Chapter 9. Personal Status Law in Israel: A Country Witnessing Tensions with the Principle of Equality
Ido Shahar
Chapter 10. Kadhi Courts and the Persistence of Legal Pluralism in Kenya’s Family Law System
Zohra Aziadé Zemirli
Chapter 11. The Principle of Equality and the Pluralism of Personal Status: Reflections based on the Lebanese System
Léna Gannagé
Chapter 12. Personal Law in Malaysia: A Tale of Different Systems – Tensions between Plurality and Equality
Kerstin Steiner
Chapter 13. Legal and Religious Pluralism in Nigeria
Deborah Scolart
Chapter 14. Palestine: “Yasser Arafat Could Have Done What Bourguiba Did, but There’s No Room for That Now”
Lynn Welchman
Chapter 15. Equality in Senegalese Law: Senegal’s Family Code on a Knife-Edge
Marième N’diaye
Chapter 16. Equality and Plural Personal Status Laws in Tanzania: Tensions between Customary Law, State Law, and International Law
Laurean L. Mussa and Erin E. Stiles

Part 3: Countries Witnessing Gaps in the Implementation of Legal Pluralism in Practice
Chapter 17. Examining the Gaps: Implementation of Personal Status Laws and Constitutional Inequality in Bangladesh
Anisur Rahman
Chapter 18. Through an Islamic Lens: Inequalities in Brunei’s Personal Status Laws
Ann E. Black
Chapter 19. Shi‘i Jurisprudence and the Structure of Personal Status Law in Iran
Hengameh Hoveyda
Chapter 20. The Vicissitudes of Personal Status Pluralism in Iraq: A New Tower of Babel?
Harith Al-Dabbagh
Chapter 21. The Absence of a Unified Civil Code in Jordan: Implications for Women and Religious Minorities
Zohra Aziadé Zemirli
Chapter 22. Statutory Weakening and Bureaucratic Hurdles in the Implementation of Legal Pluralism in Myanmar
Elizabeth Rhoads
Chapter 23. A Right to Inequality? Islam and the Development of Pakistan’s Personal Status Law System from Independence to the Present
Martin Lau
Chapter 24. Sudan’s Legal Framework on Personal Status Laws, Equality and non-Discrimination
Mohamed Abdelsalam Babiker
Chapter 25. From Confessional Mosaic to Legal Mosaic: Syrian Personal Status Codes
Tarek Al Asfary

Part 4: Countries Witnessing Mild Tension with the Principle of Equality
Chapter 26. Personal Status Laws in Ethiopia: a Country Witnessing Tensions with the Principle of Equality
Katrin Seidel
Chapter 27. A Near Theocracy for Personal Status – Gender-Based Discrimination in The Gambia’s Marriage and Divorce Laws
Raeesa Rajmohamed
Chapter 28. Plurality of Personal Status Laws in Ghana, a Country Witnessing Tensions with the Principle of Equality
Fulera Issaka-Toure
Chapter 29. The Mufti System and Islamic Law in Western Thrace, Greece
Yüksel Sezgin
Chapter 30. Jewish Law in a Muslim Country: The Survival of Rabbinical Courts in Morocco
Tachfine Baida
Chapter 31. The Case of Muslimness in Filipino Legal Pluralism
Megumi Kagawa
Chapter 32. Challenges to the Applicability of the Principle of Equality: The Case of Formal and Informal Jurisdictions in Niger, Mali and Chad
Abdou Samadou Yahaya
Chapter 33. Personal Laws in Singapore: A Balancing Act between Plurality and Equality
Kerstin Steiner
Chapter 34. Constitutional Preservation of Inequalities: Application of Personal Status Laws in Sri Lanka
Binendri Perera
Chapter 35. Legal Pluralism Tolerated: The Implementation of Sharia Law in Thailand’s Southernmost
Eugénie Mérieau