Legal Pluralism in Pakistan: Navigating the Interplay of State Law, Sharia, and Customary Justice Systems

Abstract

There is an intricate foreplay of formal state legislation, Islamic jurisprudence (Sharia), and customary practices (e.g., Jirga and Panchayat) that influence legal pluralism in Pakistan. This duality gives some opportunities and challenges in the delivery of justice, especially in the rural and tribal regions where much of the informal systems dominate the formal legal systems. Such problems as clashes between constitutional freedoms and traditional values, gender differences in the results of justice, and discrimination against vulnerable groups through parallel structures can be identified. Although the laws have a moral basis in terms of Islamic principles, the interpretation of these principles is diverse, and this makes them have inconsistencies in their application. The reasoned judiciary is backlogged and inefficient to an extent that it supports the use of informal mechanisms. Nonetheless, legal pluralism also provides opportunities to resolve disputes in a culturally sensitive way. This paper will look at the historical background, theoretical models, and the current expressions of legal pluralism in Pakistan, the systemic loopholes, and how the systems can be harmonized without conflicting with the rights of men and constitutional provisions.