Limits of Law: Social Engineering Versus Civil Disobedience in Pakistan

Abstract

This paper analyses the attempts of the Pakistani state’s reform attempts of Muslim family law and failure of these attempts. The paper argues that the Pakistani case is a clear example of limits of law and limitations of state’s power to shape society through legislation from above. The paper shows that the state’s social engineering effort to modernize Muslim family law has met with intense opposition not only from some ulama but also from the Muslim public. Case law and research suggest that, ‘civil disobedience’ is particularly marked in relation to issues of marriage, polygamy and divorce. Following a brief account of Pakistani law, attempts at reform, the background of the ‘civil disobedience’ and the failure in particular of the reforms related to marriage, polygamy and divorce, the paper concludes that the socio-legal sphere is fragmented resulting from clashes between the official law and civil disobedience.

Keywords: Islamic Law, Pakistan, Civil Disobedience, Legal Pluralism, social engineering, Muslim family law, unofficial law

JEL Classification: Z00