Legal Pluralism, Familial Honour and Shariat: A Case of Alternative Dispute Resolution within a Muslim Clan, Uttar Pradesh, India

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Abstract

Legal pluralism, contrary to the belief of some scholars, is a thriving phenomenon and has been vibrant through different eras. In the due course of time it may have undergone some changes, but undeniably, legal pluralism remains an important aspect of the post-modern world where extra-legal institutions have their own specific roles to perform. The existing normative systems act as an important alternative to individuals who make rational choices to pursue their objectives. In this article I show how _Shariat_ courts and kinship-based adjudicating bodies form a complex whole which is in a state of paradox with the formal-state-legal courts, sharing conflicting, complementing and competing relationships with each other. I further focus on the manner in which landed aristocratic Muslim families bypass even Shariat norms in property distribution to secure familial honour through a case study of a Muslim family in Uttar Pradesh, India.

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last seen: 2026-05-19T01:45:01.086888+00:00