Sharia, Legal Pluralism and Muslim Personal Law: Ethnographic Lessons from the Mahallu System of Malabar, India

Abstract

Contemporary public as well as academic discourse on personal law in India has over the years engaged with the issues of its inadequacies, judicialisation and uniformity. This discourse has paid scant attention to the functioning of the law and the complexities of a multicultural nation-state committed to the idea of political secularism. This paper engages with the mahallu system of Malabar and sheds light on how decision-making in Muslim personal law is a process embedded in quotidian micro-politics, sectarian dynamics, social censure and affect. By tracing a triple talaq case in its ethnographic details we show that love (or lack of it), kinship expectations and community authority come together in resolving a conjugal dispute that does not lead to a straight path of legal interpretation but into a labyrinth of micro-politics of local religious factions and authority. The paper shows that the non-state quasi-legal institutions that come under the rubric of the mahallu system comprise of a particular kind of legal pluralism which is complex and replete with multilayered relations of power. This also brings to fore the binary and the play between what is considered to be legal and legitimate.