Plural Legal Systems and Equality: The Pakistani Experience
MEN'S LAWS, WOMEN'S LIVES: A CONSTITUTIONAL PERSPECTIVE ON RELIGION, COMMON LAW AND CULTURE IN SOUTH ASIA 138 (Indira Jaising ed., 2005)
35 Pages Posted: 10 Sep 2018 Last revised: 15 May 2019
Date Written: January 1, 2005
Of all the nations in South Asia, Pakistan experience with a plural legal system has perhaps been the most extensive, if only because an official Shariat judicial system was constitutionally established in Pakistan in 1979, thirty-two years after partition. With some minor organizational modifications, the existence of this "parallel" judicial system continues to this day. This chapter gives a brief introduction to Pakistan's overall legal system, and then also key aspects of Pakistan's Shariat judicial system. This discussion then sets the stage for a discussion of how gender equality proponents might maneuver in relation to this plural system.
Keywords: Pakistan, India, Personal Law, Islam, Equality
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