ABSTRACT Sierra Leone's land governance reform policies are often based on the neoliberal assumption that market growth, gender equality and women's empowerment are mutually compatible objectives. Contrary to this assumption, this article argues that while market‐oriented reforms can help to destabilize legal and cultural norms that are discriminatory on the basis of gender, they also introduce other forms of dispossession by eroding the tenurial security and land use rights extended to women in the chieftain and lineage systems of customary land tenure. Disruption of these existing secondary land rights of women is intensified when the land is endowed with valuable resources that are of interest to the state and global capital. The authors characterize this as neoliberal dispossession and argue that, although such dispossession is no longer based on gender norms around marriage, family and personal inheritance, it nonetheless results in the same economic and tenurial insecurity for poor rural women that reformers promise to address.

Abstract This article offers a foundational rethinking of marital dispute resolution in Ethiopia through a doctrinal, constitutional, and comparative lens. Tracing the legal evolution from the Civil Code’s compulsory arbitration model to the Revised Family Code’s pluralistic approach, this article examines how Ethiopia’s layered legal architecture, encompassing federal statutes, regional laws, religious courts, and customary forums, produces both opportunities and contradictions in the adjudication of marriage, divorce, and related disputes. At stake are fundamental questions of status, jurisdiction, and justice: who has the authority to determine whether a marriage is valid? Can religious or customary bodies resolve disputes with binding legal effect? What happens when marriages traverse jurisdictions or cross borders, especially considering Ethiopia’s global diaspora? Drawing on Ethiopian constitutional law, family codes, and private international law, the article identifies deep normative tensions between legal pluralism and procedural consistency, between party autonomy and public policy, and between national sovereignty and transnational legal expectations. The analysis exposes jurisdictional fragmentation, uncertain recognition of foreign and interregional marriages, and doctrinal ambiguities surrounding the role of arbitration and alternative dispute resolution in matters of personal status. Particular attention is given to the implications for women, children, and transnational families, whose rights and legal security often hinge on the clarity and coherence of adjudicatory frameworks. Ultimately, the article advocates for a principled harmonization of Ethiopia’s family laws, grounded in constitutional equality, informed by comparative best practices, and responsive to the lived realities of legal pluralism. In doing so, it offers a critique and a vision for a coherent, accessible, and just system of marital dispute resolution.

This study reassesses the inheritance views of Ibn ʿAbbās and examines their contemporary legal relevance for the reform of Islamic family law in Indonesia. The application of inheritance provisions under the Compilation of Islamic Law (KHI) remains varied, with some Religious Court judges adhering to the jumhūr al-fuqahāʾ while others draw upon the perspectives of scholars such as Ibn ʿAbbās, Ibn Ḥazm, and Hazairin. Recent Supreme Court jurisprudence has introduced progressive reforms that gradually shift Indonesian inheritance law toward a bilateral framework grounded in principles of justice, gender equality, and legal pluralism. Central to these developments is Ibn ʿAbbās’s interpretation of walad in Qur’an 4:176 as encompassing both sons and daughters, thereby excluding the inheritance rights of the decedent’s siblings when a daughter exists. Because his inheritance views are dispersed across classical tafsīr and fiqh literature, this library-based study systematically reconstructs and analyzes four key areas in which Ibn ʿAbbās diverges from the jumhūr: the gharāwāin, daughters excluding siblings, ʿawl, and inheritance involving a grandfather alongside siblings. The findings demonstrate that Ibn ʿAbbās’s insights not only align with several aspects of Supreme Court jurisprudence but also contribute to ongoing legislative efforts, including the Draft Law on Islamic Inheritance, which adopts his position on the gharāwāin. Nevertheless, certain issues particularly inheritance between a grandfather and siblings remain unregulated in Indonesian law. This reassessment shows that Ibn ʿAbbās’s minority opinions possess substantial contemporary relevance and offer constructive contributions to the future reform of Islamic family law in Indonesia.

Indonesia’s legal system is characterized by legal pluralism, in which state law coexists with customary law (adat) practiced by indigenous communities. Despite constitutional recognition and supportive judicial decisions, conflicts over customary land persist, particularly among Dayak indigenous communities in Kalimantan. These conflicts largely arise from structural incompatibilities between state land law—centered on administrative legality, formal registration, and written evidence—and customary law, which is grounded in communal ownership, oral traditions, and social legitimacy. This article analyzes conflicts between Dayak customary law and state law in the governance of customary land from a legal anthropology perspective. It examines the operation of Dayak customary law as a living law, identifies the causes and forms of conflict with state legal regimes, and assesses the implications of these conflicts for customary land governance and legal certainty. The research employs a qualitative legal-anthropological approach. Data were collected through in-depth interviews with customary leaders, community members, and relevant stakeholders, complemented by participant observation and document analysis. The data were analyzed using descriptive and interpretative methods, drawing on the concepts of legal pluralism and semi-autonomous social fields. The findings demonstrate that Dayak customary law remains effective in regulating land control, use, and dispute resolution at the community level. However, conflicts persist due to the dominance of formal state legal mechanisms that marginalize customary authority in land administration, licensing, and development processes. Normative recognition of indigenous rights alone has proven insufficient to secure legal protection for customary land. The study argues that substantive integration of customary institutions into state land governance frameworks is essential to reduce conflict, enhance legal effectiveness, and ensure meaningful protection of indigenous land rights.

This study explores the revitalization of customary law as a mechanism for resolving environmental disputes in Eastern Indonesia. Through a comparative analysis of three indigenous regions—Central Maluku, Papua, and West Timor—the research reveals how traditional legal practices adapt to contemporary ecological and socio-political challenges. The findings demonstrate that customary law is not merely preserved but is actively transformed to maintain cultural relevance and environmental sustainability. Revitalization efforts are shaped by local contexts, external pressures, and the interaction between indigenous communities and state institutions. This study fills a critical gap in the existing literature, which often focuses solely on the formal recognition of customary law without addressing its dynamic role in conflict resolution. Although the research offers significant insights, it acknowledges limitations related to geographical scope and methodology, suggesting that future studies should adopt longitudinal approaches and broader regional coverage. The results contribute to the discourse on legal pluralism and offer practical implications for policy-making aimed at strengthening indigenous participation in environmental governance.

This study aims to analyze the practice of inheritance distribution in Burneh Village, Bangkalan Regency, focusing on the interaction between Islamic inheritance law and local customary law. The main issue examined is how the people of Burneh implement faraidh provisions in daily life and to what extent local traditions influence inheritance practices. The research employed a qualitative approach using in-depth interviews with religious leaders, customary leaders, and several household heads. The findings reveal that inheritance distribution in Burneh generally does not strictly follow faraidh regulations but instead emphasizes family deliberation and mutual consent. Equal distribution between male and female heirs is often chosen to maintain harmony, while some testators also distribute assets through hibah (gifts) before death. The conclusion of this study indicates that inheritance practices in Burneh reflect a form of legal pluralism that prioritizes social harmony and communal welfare, while simultaneously demonstrating a creative adaptation between Islamic legal norms and local wisdom.

Energy governance in the Global South is shaped by the interaction of multiple legal, social, and normative orders such as customary and informal governance systems, creating complex challenges for the pursuit of sustainable development and environmental justice (Sovacool 2016; Heffron and McCauley 2017). While contemporary energy and environmental regimes increasingly emphasise equity, participation, and sustainability, regulatory outcomes in many resources dependent economies continue to reproduce environmental harm and social inequality (Newell and Mulvaney 2013; Knox 2018). This article examines the relationship between energy law, environmental justice, and legal pluralism, arguing that formal regulatory frameworks alone are insufficient to address entrenched distributive, procedural and recognitional injustices (Schlosberg 2007; Griffiths 1986).

This study explores the challenges of land and property registration in Nangarhar, Afghanistan, from legal, administrative, and social perspectives. Despite the importance of a robust land registration system for legal certainty and economic growth, ongoing conflict and institutional weaknesses have rendered it largely ineffective, leading to an increase in property disputes and reliance on informal legal mechanisms. The research aims to identify the gaps between the legal framework and its practical application, particularly the impact of legal pluralism. A mixed-methods approach was utilized, including legal analysis and semi-structured interviews with 15 legal scholars. Findings reveal that, while the property registration framework theoretically protects rights, practical issues such as weak administrative capacity, lack of transparency, lengthy processes, high costs, and corruption hinder effective enforcement. Consequently, individuals often turn to customary documentation and local agreements, which are seen as faster and more credible. The research highlights that legal pluralism significantly undermines the efficacy of formal registration. It contributes to the discourse on the rule of law, emphasizing the need for transparency, stronger institutions, and social legitimacy. Recommendations include simplifying the legal framework, enhancing the registration agency's capacity, expanding digital registration, and integrating customary systems. In conclusion, the challenges of property registration in Nangarhar require not only legal reforms but also administrative improvements and better coordination between formal and informal systems.

The accelerating climate crisis underscores the limitations of state-centric and technocratic approaches to environmental governance. Although Nature-Based Solutions (NbS) are increasingly promoted as strategies for climate adaptation and biodiversity conservation, prevailing frameworks often neglect Indigenous governance systems that have long sustained ecosystems through customary law, ecological knowledge, and cultural values. This article positions Indigenous governance as a pivotal dimension of NbS, emphasizing its capacity to integrate ecological stewardship with social justice and intergenerational equity. Drawing on the case of the Ammatoa Kajang community in South Sulawesi, Indonesia, the study illustrates how Indigenous forest classifications and customary norms safeguard ecological balance while reinforcing cultural resilience. Employing a mixed-methods approach, combining ethnography, geospatial analysis, and reflective narrative. The research demonstrates that Indigenous-led governance provides legitimacy and inclusivity frequently absent in state-driven conservation initiatives. The findings highlight the importance of legal pluralism and co-management models that recognize Indigenous rights, thereby advancing NbS that are ecologically robust, socially just, and culturally sustainable.

This study compares the perspectives of Bediüzzaman Said Nursî (d. 1960) and ʿAbd al-Wahhāb al-Shaʿrānī (d. 973/1565) on the unification of Islamic legal schools and their interaction with social and historical structures. It explores why Muslims adhere to different madhabs despite sharing common religious foundations and analyzes both scholars’ efforts to reconcile legal diversity. Using a comparative textual analysis of Nursî’s Risale-i Nur and Shaʿrānī’s Al-Mīzān al-Kubrā, the study highlights how each thinker regards legal plurality as an expression of divine wisdom that preserves unity while allowing flexibility. By examining jurisprudential examples such as the degree of impurity that invalidates prayer and the timing of Fajr, it argues that both scholars interpret differences as divine concessions suited to varying social needs. Ultimately, it concludes that madhab diversity, far from fragmenting the ummah, enriches Islamic law and offers valuable insights for modern Muslim coexistence and legal tolerance.

Purpose - This study aims to reveal the dynamics of marriage among migrant communities in Port Numbay (Jayapura) using a legal pluralism framework to analyze the interaction between tradition, legal provisions, and contemporary social realities in marriage practices. Migration to Papua has formed a new social configuration that displays differences in marriage norms and potential friction with local culture Method – A qualitative approach was used in this study, with research data obtained from observations and interviews with religious leaders, traditional leaders, academics, and legal practitioners. Data analysis was conducted using descriptive analysis methods within a legal pluralism framework. Findings – The main findings of this study show that the marriage practices of the migrant community in Port Numbay take place in various patterns, including marriages between members of the same ethnic group, between different ethnic groups, and mixed marriages with the local community. The problem of migrant marriages is the result of a complex interaction between socioeconomic pressures and legal pluralism, where state law, Islamic law, and local customary law operate simultaneously but are not yet effectively integrated. These tensions place couples, especially women, in a vulnerable position, requiring an approach based on legal pluralism and maqāṣid al-sharīʿah to strengthen contextual protection, justice, and resilience. Research implications – Legal awareness and the harmonization of customary norms with state regulations in marriage practices among migrant communities must be strengthened. Originality/value – This study highlights the unique dynamics of migrant marriages in the multicultural context of Port Numbay.

A tiny archive composed of the famous Coptic arbitration protocol P. Budge and three associated Greek documents, a settlement of claims, a sale, and a loosely connected marriage document, bring forward a fascinating controversy of the tormented times between the Persian and the Arab conquests of Egypt. Its settlement testifies to the operative force of law, legal awareness of its users, and dispute-resolution strategies in an environment of intrinsic legal plurality. A new text edition, providing an in-depth study of this material, delving into the dispute resolution method, rhetorics, and proper reconstruction of the events, is presently in the works. Before it is published, we would like to present here an aspect of this matter, closely connected to the very origin of the dispute, viz. our hypothesis on the nature of the security provided by the borrower, the widow Thekla, to her creditors, the consorts Philemon and Thekla. This central matter of the P. Budge controversy witnesses the profound legal awareness of its parties. Operating within the legal framework provided by Roman law, and without attempts to transgress it, the law-users of seventh-century Edfu managed to bend and form it to serve best their needs, creating a flexible form of security, fitting the circumstances of Thekla-the-Widow and the creditors couple. It is amazing to see how, even at the dusk of its domination of Egypt, the Roman legal forma mentis was so strongly present in this inherently plural society. Keywords: Edfu, arbitration, late antique Egypt, securities, hypotheke-prasis, dikaia time, legal practice, apotage, hypothekimaia asphaleia.

Ibn Nujaym was a prominent Hanafi jurist whose influential work, al-Ashbāh wa al-Naẓāʾir (the resemblances and similitudes) served as one of the primary sources for the Majallāt al-Aḥkām al-ʿAdliyya. However, despite the significance of this compilation of legal maxims, it has not been adequately studied in terms of its sources and intellectual influences. By comparing the text of Ashbāh wa Naẓāʾir by Ibn Nujaym and al-Subkī and analyzing through a historical framework, this paper argues that. Ibn Nujaym’s legal methodology was shaped by the Shāfiʿī-dominated intellectual environment of Egypt during the transition from the Mamluk era to the Ottoman empire. This study reveals that his work was strongly inspir ed by Tāj al-Dīn al-Subkī’s Ashbāh wa Naẓāʾir, a well-known Shāfiʿī compilation of legal maxims. The dominance of Shāfiʿī doctrine in late Mamluk Egypt, along with the gradual decline of legal pluralism and increasing pressure to conform to the hegemonic school, led Ibn Nujaym to position himself under the Shafī’s umbrella of legal principle. We can trace this affiliation through his adoption of several structural and conceptual elements from al-Subkī’s work, such as the use of similar language, categorization styles, borrowing the main maxims, and modifying derivative maxims. His approach reflects not only a borrowing process but also a form of legal adaptation and survival within a shifting political landscape.

In Islamic jurisprudence, a fatwa is nonbinding, even for the person requesting it (mustafti). However, in the context of Islamic Economic Law in Indonesia, the Dewan Syariah Nasional–Majelis Ulama Indonesia (DSN–MUI) fatwa has a strong binding force not only for mustaftis but also for businessmen, regulators, and the government. This article examines the transformation of the DSN–MUI fatwa’s authority to its binding force within the national legal system. By combining doctrinal and socio-legal approaches within a legal pluralism framework, an analysis of regulations and policies in the field of Islamic economic law—banking, insurance, financing, capital markets, sharia cooperatives, and related DSN–MUI fatwas—is conducted. The authority theory of Weber and Beetham is used as an analytical tool. The findings indicate that the state has been accommodating to Islamic economics and has provided formal space for DSN–MUI fatwas since the reform. For the sake of legal certainty, the state recognizes the sole authority of the DSN–MUI in determining Islamic economic law, where any legal system other than Islamic law or even the state cannot fill the legal vacuum within the spectrum of legal pluralism. The DSN–MUI gained exclusive rights through its fatwas bureaucratization and strategic positioning within the government, Islamic community organizations, and the public. Internal oversight within each business entity supported the incorporation of DSN–MUI fatwas into formal regulations. The DSN–MUI fatwa authority transformed from traditional to legal-rational, gaining legal validity, normative justification, and social legitimacy through widespread acceptance. This research enriches the literature on the institutionalization of religious authority within the modern legal system and strengthens the scientific basis for developing Islamic Economic Law.

This study presents a linguistic-anthropological analysis of Father Fabian Barcata’s novel Lule (1924) as a historical ethnographic source for understanding the enduring legacy of the Kanun in contemporary Albania. The paper reframes the novel from a purely historical artifact into a pedagogical tool for social and heritage education. It addresses a critical gap in current research by examining how the cultural schemas of honor (nder), gender, and justice, embedded in the Kanun and vividly depicted in the novel, continue to inform modern social attitudes and present challenges for civic education. Through a critical discourse analysis of Barcata’s narrative, the study demonstrates how historical literature can be used to deconstruct and critically assess the persistence of traditional norms. The findings argue that engaging with such texts in educational settings is crucial for fostering cultural memory, promoting gender equality, and navigating the complexities of legal pluralism in a post-communist society that aspires to European integration.

Government land is a strategic public asset whose safeguarding is particularly complex in regions with strong customary land tenure systems. In Eastern Indonesia, especially Papua, land is embedded not only in administrative and legal frameworks but also in indigenous social and cultural structures. This study examines the safeguarding of government land in Jayapura City using a qualitative legal-empirical approach grounded in a post-positivist paradigm. Data were collected through in-depth interviews with local government officials, customary leaders, academics, and land authorities, complemented by document analysis and field observations. The findings show that legal insecurity constitutes the most fundamental and systemic challenge. The absence or contestation of customary land release documents undermines formal land certification, weakens administrative registration, and exposes government land to recurring disputes and encroachment. These conditions reflect persistent tensions between formal state law and customary land governance rather than isolated administrative failures. This study argues that safeguarding government land in Papua requires a hybrid land governance framework that recognizes legal pluralism as an operational reality, supported by the institutional integration of customary mechanisms, participatory mapping, and strengthened inter-agency coordination. This study contributes to land governance literature by positioning legal pluralism not as a constraint but as an operational governance variable.

Inheritance disputes in Banjar customary society extend beyond material distribution and are closely connected to kinship relations, moral obligations, and communal harmony. When such disputes are resolved exclusively through state law, particularly the Compilation of Islamic Law (KHI), the outcomes often fail to accommodate the social and cultural realities of indigenous Muslim communities. Formal litigation, with its adversarial structure and procedural rigidity, may intensify conflict rather than restore family relationships. This study adopts a normative legal research design using conceptual, doctrinal, and comparative approaches to examine Banjar customary inheritance mechanisms, namely bacu’ur (genealogical tracing), basuluh (moral and religious consultation), and bapatut (consensus-based deliberation). These mechanisms are analyzed through the perspectives of restorative justice and fiqh al-aqalliyyat as frameworks of contextual Islamic legal reasoning. The analysis relies on primary legal sources, including the 1945 Constitution, the KHI, and legislation on alternative dispute resolution, as well as secondary literature from legal anthropology and restorative justice studies, without employing empirical methods. The findings indicate that the Banjar karakatan system embodies restorative justice principles such as dialogue, collective responsibility, and relational repair. From the perspective of fiqh al-aqalliyyat, these practices constitute legitimate forms of Islamic legal reasoning that prioritize maslahah, islah, and social cohesion within plural legal settings. This study argues that Banjar customary inheritance resolution offers a normatively grounded model for integrating Islamic law, customary practices, and restorative justice within Indonesia’s alternative dispute resolution framework, contributing to broader debates on legal pluralism and the contextual application of Islamic law.

The legal system in Indonesia consists of western law, customary law and Islamic law. In this paper the author wants to discuss more concretely the position of Islamic law in the Indonesian legal system. Because this law is considered not widely understood by the public, it is the source of law for the Unitary State of the Republic of Indonesia. The purpose of writing is to analyze the position of Islamic law in the legal system in Indonesia and provide input for solutions. The approach method in this research uses normative juridical. Data collection was carried out through library research studies. Processing of this research data with secondary data is divided into primary, secondary and tertiary legal materials. As a result of this research, the researcher provides conclusions and suggestions that legal pluralism is contrary to legal centralism, because centralism ignores the basic social and cultural diversity of society, including local legal norms taken from customs/customary law. So what is happening in Islamic law at the moment is that it includes legal pluralism, that is, apart from the Indonesian State implementing national legal policies, it is also thinking about customary law and Islamic law that apply in that area.

Halal product assurance in Indonesia remains constrained by the gap between formal regulatory frameworks and the existing conditions and realities of Micro, Small, and Medium Enterprises (MSMEs). This study investigates how hybrid governance settings, where state law, local socio-cultural norms, and market incentives coexist and shape MSME compliance with halal certification requirements. Focusing on the tourism-dependent economy of Gili Trawangan, the article employs a qualitative socio-legal methodology, combining in-depth interviews, field observations, and document analysis. Guided by Critical Legal Pluralism, Maqāṣid al-Syarī‘ah, and Substantialist–Formalist Compliance Theory, the findings identify three distinct compliance pathways: adoption, adaptation, and resistance. These patterns emerge from actors' strategic negotiations across multiple normative orders, mediated by their compliance orientations and prioritization of hifẓ al-māl, hifẓ al-dīn, and hifẓ al-nafs. The study argues that effective halal governance cannot rely solely on legal enforcement but must realign economic and religious–ethical objectives to make those conditions mutually reinforcing. This reconceptualisation contributes to academic debates on legal pluralism in Islamic economic governance, offering policy recommendations to harmonise formal law with socio-economic contexts in tourism-based Muslim-minority regions.

Civil law is a branch of law that regulates relationships between individuals in social life. In the Indonesian context, civil law has two main systems that operate side by side: Indonesian civil law, which originates from the Dutch Civil Code (Burgerlijk Wetboek) and national regulations, and Islamic civil law, which originates from the Qur'an, Hadith, ijma', qiyas, and the Compilation of Islamic Law (KHI). Indonesian civil law emphasizes legal certainty, codification, and the principle of secularity, while Islamic civil law prioritizes justice, welfare, and sharia values. Both cover family, marriage, inheritance, and property, but their regulatory mechanisms differ. District Courts are authorized to handle Indonesian civil law cases, while Religious Courts have jurisdiction over Islamic civil cases for Muslims. Thus, this comparison demonstrates that the two legal systems complement each other in legal practice in Indonesia, reflecting the distinctive legal pluralism and providing alternative dispute resolutions tailored to the needs of society.