Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China

30 Pages Posted: 1 Jul 2015 Last revised: 25 Nov 2015

See all articles by Matthew S. Erie

Matthew S. Erie

University of Oxford; University of Oxford - Centre for Socio-Legal Studies

Date Written: June 30, 2015

Abstract

Many sociolegal studies have investigated the relationship between state law and informal law, examining alternative dispute resolution and popular justice as intersections between state law and informal law. However, such questions have received little attention in East Asian authoritarian states. I use the case of dispute resolution among Chinese Muslim minorities (the Hui) to re-examine the relationship between state law and Islamic law. Based on nineteen months of fieldwork in Northwest China, I argue that the Hui case shows codependence between the types of law. Law is deeply embedded in social relationships between the Hui and the Party-State. An analysis of personalistic relationships shows the ways in which religious and secular authorities access each other, transforming each other’s law to augment their own legitimacy, but not without the potential for violence. The China case illuminates dynamics between Muslim communities and states that are prevalent elsewhere, particularly in the post-9/11 period.

Keywords: Islamic law; alternative dispute resolution; popular justice; informal law; ethnography; China

Suggested Citation

Erie, Matthew Steven, Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China (June 30, 2015). Law and Social Inquiry 40(4): 1001-1030 (2015). Available at SSRN: https://ssrn.com/abstract=2625179

Matthew Steven Erie (Contact Author)

University of Oxford ( email )

Dickson Poon Building
Canterbury Road
Oxford, Oxfordshire OX2 6LU
United Kingdom

HOME PAGE: http://www.orinst.ox.ac.uk/staff/ch/erie.html

University of Oxford - Centre for Socio-Legal Studies ( email )

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Oxford, OX1 2JD
United Kingdom

HOME PAGE: http://https://www.law.ox.ac.uk/people/matthew-erie

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