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Equality, Plurality and Personal Status Laws: A Research Companion

Equality, Plurality and Personal Status Laws: A Research Companion

Author: Nathalie Bernard-Maugiron et al.
Publisher: Routledge
ISBN: 9781032428116

Published In: May 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,665.00

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Description
Contents

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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.

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

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