Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Shari‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Shari‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens.
This book was published as a special issue of Democracy and Security.
1. Introduction 2. Legal Pluralism, State Sovereignty, and Citizenship 3. Legal Pluralism, Family Personal Laws, and the Rejection of Shari’a in Australia: A Case of Multiple or “Clashing” Modernities? 4. A Dual Legal System in Australia: The Formalization of 5. More Than One Law for All: Legal Pluralism in Southeast Asia 6. The Social Construction of Legal Pluralism