Legal Pluralism and Religious Freedom: A Case Study of Faith-Based Legal Challenges
Keywords:
Legal pluralism, religious freedom, faith-based legal challenges, Iran, qualitative research, legal identity, procedural justiceAbstract
This study aims to explore how individuals experience and navigate faith-based legal challenges within a context of legal pluralism, focusing on the interaction between religious and state legal systems in Tehran. The research employed a qualitative case study design grounded in interpretive methodology. Data were collected through semi-structured interviews with 20 participants in Tehran, including religious leaders, legal practitioners, and individuals directly involved in faith-based legal disputes. Participants were selected using purposive sampling to ensure diverse perspectives across gender, religious background, and legal role. Interviews were conducted in Persian, transcribed verbatim, and analyzed thematically using NVivo software. Theoretical saturation was achieved, and data analysis followed a three-stage coding process—open, axial, and selective—to identify core themes and interrelated categories. Analysis revealed three major thematic categories: (1) Tensions Between State and Religious Legal Orders, including jurisdictional conflict, norm incompatibility, and institutional resistance; (2) Lived Experience of Faith-Based Legal Practitioners, encompassing identity conflicts, professional dilemmas, and legal innovation; and (3) Perceptions of Justice and Fairness, with subthemes such as moral legitimacy, procedural trust, gendered experiences, and outcome satisfaction. Participants often described navigating conflicting authorities through pragmatic strategies, such as forum shopping and seeking dual validation. Religious forums were perceived as more accessible and empathetic, but less enforceable, while state courts were seen as authoritative yet impersonal. The findings highlight the complexity of legal pluralism in Tehran, where religious and civil legal systems coexist in tension. Legal actors and claimants use adaptive strategies to pursue justice within these overlapping frameworks, revealing both the potential and the pitfalls of plural legal orders. Addressing structural inequities and enhancing inter-system coordination are essential to safeguarding meaningful religious freedom.
Downloads
References
An-Na’im, A. A. (2002). Islam and the Secular State: Negotiating the Future of Shari’a. Harvard University Press.
Arjomand, S. A. (1999). The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran. In M. Halliday, & L. M. Katznelson (Eds.), The Rule of Law Under Siege (pp. 79–95). University of California Press.
Benda-Beckmann, F. von. (2002). Who’s Afraid of Legal Pluralism? Journal of Legal Pluralism and Unofficial Law, 34(47), 37–82. https://doi.org/10.1080/07329113.2002.10756563
Bowen, J. R. (2003). Islam, Law, and Equality in Indonesia: An Anthropology of Public Reasoning. Cambridge University Press.
Choudhury, N., & Husein, F. (2016). Religious Freedom and Legal Pluralism: Reconciling Conflicts between State and Religion. Oxford Journal of Law and Religion, 5(3), 464–483. https://doi.org/10.1093/ojlr/rww045
Engel, D., & Munger, F. (2003). Rights of Inclusion: Law and Identity in the Life Stories of Americans with Disabilities. University of Chicago Press.
Griffiths, J. (1986). What is Legal Pluralism? Journal of Legal Pluralism and Unofficial Law, 24(1), 1–55. https://doi.org/10.1080/07329113.1986.10756387
Kymlicka, W. (1995). Multicultural Citizenship: A Liberal Theory of Minority Rights. Oxford University Press.
Mahmood, S. (2015). Religious Difference in a Secular Age: A Minority Report. Princeton University Press.
Marshall, P. (2008). Religious Freedom in the World. Rowman & Littlefield.
Merry, S. E. (1988). Legal Pluralism. Law & Society Review, 22(5), 869–896. https://doi.org/10.2307/3053638
Mir-Hosseini, Z. (2009). Islam and Gender: The Religious Debate in Contemporary Iran. Princeton University Press.
Moghadam, V. M. (2004). Modernizing Women: Gender and Social Change in the Middle East (2nd ed.). Lynne Rienner Publishers.
Santos, B. de S. (2002). Toward a New Legal Common Sense: Law, Globalization, and Emancipation (2nd ed.). Butterworths.
Shachar, A. (2001). Multicultural Jurisdictions: Cultural Differences and Women’s Rights. Cambridge University Press.
Yilmaz, I. (2005). Muslim Laws, Politics and Society in Modern Nation States: Dynamic Legal Pluralisms in England, Turkey and Pakistan. Ashgate Publishing.
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
