Deep Legal Pluralism in South Africa: Judicial Accommodation of Non-State Law

Rautenbach, Christa

doi:10.1080/07329113.2010.10756639

Cited by 26 publications

(5 citation statements)

References 1 publication

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“…Legal pluralism is first described based on studies on land disputes [53]. The categorisation of legal pluralism on a scale of strong to weak is advocated by its supporters [54,55]. Strong legal pluralism is when customary, indigenous, and religious laws are used in land administration without state recognition [56].…”

Section: The Rule Of Law and Legal Pluralism In Improving Responsible...mentioning

confidence: 99%

Land Administration Systems and Legal Framework Reform Focussing on Constitutional Principles in Sub-Saharan Africa

Babalola¹,

Hull²,

Whittal³

2024

Sustainable Development

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A nation’s constitution should be overtly pro-poor in its objectives. These should include how constitutional principles support land administration systems and their legal frameworks, their reform. Constitutions have, been long neglected. There is a need within developing nations to embed pro-poor objectives into land administration systems and their legal frameworks such that reforms meet the needs of the most vulnerable in society. Prior to reform of any system, understanding of that system is imperative. However, there is a lack of a context-specific frameworks to assess existing land administration systems in conjunction with constitutional law prior to a reform intervention. To develop a conceptual framework for the thorough evaluation of a country’s constitution in the context of Sub-Saharan Africa, secondary data and a text-based methodology were used. Sampling logic was applied to gather and analyse the data. A conceptual framework for accessing land administration systems and their legal frameworks, for use prior to land administration systems reform initiatives, is proposed in this chapter. To deliver pro-poor land administration systems and their legal frameworks, three fundamental constitutional tenets—human rights, the rule of law, and legal pluralism—were identified and inform the assessment of various country constitutions.

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Section: The Rule Of Law and Legal Pluralism In Improving Responsible...mentioning

confidence: 99%

Land Administration Systems and Legal Framework Reform Focussing on Constitutional Principles in Sub-Saharan Africa

Babalola¹,

Hull²,

Whittal³

2024

Sustainable Development

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“…90 Scholars divide it into 'deep' and 'weak' versions, and describe the latter as a watered-down version of legal positivism. 91 In Africa, legal pluralism traditionally denotes the interaction of religious and indigenous laws with the (state) laws bequeathed by colonial rule. From my cross-country observations, this interaction is imitative and reflective of coloniality.…”

Section: Legal Pluralism and The Future Of African Lawsmentioning

confidence: 99%

Legal Pluralism and the Future of Personal Family Laws in Africa

Diala

2021

SSRN Journal

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“…Studies in various national contexts of Muslim, Catholic, Jewish, and customary and tribal family laws and religious adjudication or arbitration demonstrate that religious-based family laws are an important and often contested area directly relevant to the rights of minority communities in the country (see e.g. Rautenbach 2010;Eekelaar and Maclean 2013;Solanki 2011;Bano ed. 2017).…”

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confidence: 99%

Islamic Family Law(s) in Finland

Al-Sharmani

Mustasaari

2022

Temenos

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A central premise of the concept of freedom of religion is that the state has the obligation and authority to regulate and protect the religious rights of individuals and religious communities. However, this entails the state’s navigation of the rights of citizens vis-à-vis the norms of their religious communities, which in some cases may be in tension. The state must also maintain the country’s central legal principles. These premises are interconnected in vexing ways. This article studies how the concept of freedom of religion, with these underlying premises, applies to the practice of Islamic law in Finland. This question is reflected through an analysis of Finnish Muslims' marriage practices. We argue for a nuanced understanding of the relationship between Islamic family law and freedom of religion. Towards this goal we employ the concept of wellbeing (building on Sarah White 2010) to locate the practice of Islamic family law in Finnish Muslims’ daily lives, whereby they pursue material, relational, and ethical needs and aspirations. We analyse how individuals conclude their marriages and the diverse motivations and meanings underlying these practices. Our aim is to capture the familial, economic, racial, political, and ethical processes through which Finnish Muslims continually and dynamically organize marriage (and divorce) and the implications for their freedom of religion on the one hand and for the Finnish state on the other. Our analysis draws on interview data collected in an ethnographic study of Muslim marriage and divorce practices in Finland in the period between 2013 and 2018.

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Deep Legal Pluralism in South Africa: Judicial Accommodation of Non-State Law

Cited by 26 publications

References 1 publication

Land Administration Systems and Legal Framework Reform Focussing on Constitutional Principles in Sub-Saharan Africa

Land Administration Systems and Legal Framework Reform Focussing on Constitutional Principles in Sub-Saharan Africa

Legal Pluralism and the Future of Personal Family Laws in Africa

Islamic Family Law(s) in Finland

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