Legal Hybridity, Trust, and the Legitimacy of the Shari'Ah in the Bangsamoro

22 Pages Posted: 30 Apr 2019

See all articles by Imelda Deinla

Imelda Deinla

School of Regulation & Global Governance (RegNet)

Date Written: April 2019

Abstract

Legal hybrids have the potential to address justice and development issues in both conflict and postconflict settings. Using the Philippine Shari'ah court system as a case study, this study demonstrates that state hybrids suffer from legitimacy and capacity issues that also constrain their ability to deliver effective justice services and respond to conflict challenges. Forging cooperative networks between secular courts and Shari'ah courts and between local justice personnel and central justice authorities can enhance the effectiveness and legitimacy of a formalized legal hybrid. This can assist in addressing the justice deficit that fuels the cycle of conflict and sustain peacebuilding efforts postconflict.

Suggested Citation

Deinla, Imelda, Legal Hybridity, Trust, and the Legitimacy of the Shari'Ah in the Bangsamoro (April 2019). Law & Policy, Vol. 41, Issue 2, pp. 198-219, 2019, Available at SSRN: https://ssrn.com/abstract=3380576 or http://dx.doi.org/10.1111/lapo.12123

Imelda Deinla (Contact Author)

School of Regulation & Global Governance (RegNet) ( email )

Canberra, Australian Capital Territory 0200
Australia

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