ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Redding on the Constitutionality of Non-State Muslim Civil Dispute Resolution in India

By Lawrence Solum

ADVERTISEMENTS
Jeff Redding (Saint Louis University School of Law) has posted Institutional v. Liberal Contexts for Contemporary Non-State, Muslim Civil Dispute Resolution Systems (Journal of Islamic State Practices in International Law, Vol. 6, No. 1, 2010) on SSRN. Here is the abstract:
    In 2005, a private attorney filed suit in the Supreme Court of India asking the Court to take action against a non-state, Muslim civil dispute resolution system that has been operating in parts of India for nearly 90 years. Specifically, the petitioner in this suit, Vishwa Lochan Madan v. Union of India, demanded that the Supreme Court "[d]eclare that the? activities being pursued by the All India Muslim Personal Law Board? and other similar organizations for establishment of Muslim Judicial System (Nizam-e-Qaza) and setting up of Dar-ul-Qazas (Muslim Courts) and Sharia Court[s] in India is absolutely illegal, illegitimate and unconstitutional?."

    While the Supreme Court of India has yet to decide or even hear the petitioner?s claims, and thus the outcome of the petitioner?s case is uncertain, there are many reasons to doubt the strength or even plausibility of the petitioner?s claims. This Article will discuss specific weaknesses with the petitioner?s arguments. However, it will also confirm the overall importance of the petitioner?s institutional arguments, as well as the institutional counter-arguments (in favor of non-state, Muslim civil dispute resolution institutions) that the petitioner?s arguments have elicited.

    As this Article argues, both the arguments and counter-arguments made in Vishwa Lochan Madan v. Union of India indicate an institutional turn in arguments for (and against) legal pluralism. This new "institutional pluralism" not only has different social and political antecedents than (liberally-grounded) pluralisms of old, but also different prospects. At the very least, institutional pluralism calls for different goals and strategies by feminists and other progressives who have traditionally been interested in (and concerned about) legal pluralism.

Full post as published by Legal Theory Blog on July 28, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0162 secs (new cache)