Historical Context of Legal Pluralism in Pakistan

Abstract

The legal pluralism in Pakistan has a very complicated history of overlaying indigenous, colonial, and religious systems of law. This pluralistic system was a legacy of the pre-colonial tradition and changed dramatically by the introduction of the British colonial law, as well as being further complicated after 1947 by the integration of Islamic beliefs into the legal identity of the state. Through other critical historical events, including the Islamization process of the 1970s and 1980s, a duality that existed between secular state courts and parallel systems such as jirgas and panchayat became fixed. This coexistence usually brings conflict in delivering justice and human rights, and poses a great challenge in terms of uniformity in the law. The historical evolution can be important in understanding the current discussions on legal reform, minority rights, and constitutional reconciliation with various customary and religious patterns in the context of a sociopolitical setting peculiar to Pakistan.