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Legal Pluralism and Constitutional Design - A Feminist Perspective on Intimate Partner Violence in Afghanistan.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Legal Pluralism and Constitutional Design - A Feminist Perspective on Intimate Partner Violence in Afghanistan./
Author:	Abawe, Zulfia.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2021,
Description:	249 p.
Notes:	Source: Dissertations Abstracts International, Volume: 83-03, Section: A.
Contained By:	Dissertations Abstracts International83-03A.
Subject:	Law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28716018
ISBN:	9798538137299

Legal Pluralism and Constitutional Design - A Feminist Perspective on Intimate Partner Violence in Afghanistan.
Abawe, Zulfia.

Legal Pluralism and Constitutional Design - A Feminist Perspective on Intimate Partner Violence in Afghanistan. - Ann Arbor : ProQuest Dissertations & Theses, 2021 - 249 p.

Source: Dissertations Abstracts International, Volume: 83-03, Section: A.

Thesis (Ph.D.)--Indiana University, 2021.

This item must not be sold to any third party vendors.

Afghanistan's plural legal system is governed by a diverse set of laws and institutions that includes Islamic law, customary law, state positive law, and international human rights law. The research examines the complex interplay and interaction of these different bodies of law from a feminist perspective through the lens of survivors of intimate partner violence (IPV) who tries to access the justice system. The research suggests that customary laws driven from cultural and religious practices are a more prevalent form of legal practice than other legal practices in Afghanistan especially when it comes to resolving IPV cases. The research also suggests that despite the overarching presence of customary laws, state centralized policies failed to mobilize the non-state legal system (i.e., shuras/jirgas that apply customary laws) to encourage cooperation and enhance interaction between different legal institutions. This negligence on the state's part led to the continuation of harmful cultural practices especially to the detriment of women's rights and their underrepresentation in both legal systems. By employing a legal pluralism framework that takes a wider approach than being merely limited to the state's legal system, this research recommends that research, capacity, and institution building in different areas of legal and political reform at the local and national levels are necessary. This would include, but is not limited to, reforming the legal education system, closely working with the Judiciary especially the Supreme Court regarding the interpretation of the Constitution and Judicial Review, creating spaces to invite open dialogues regarding the liberal interpretation of Islamic sources by including women in the process, advising and offering research support to parliament on key constitutional issues especially when the parliament is negotiating a new act or amending existing legislation; and developing policies to enhance women's representation in both state and non-state legal systems. A multi-pronged approach is, therefore, required where civil society, the government, state institutions, non-state legal actors, and the international community can play their part in improving the legal system and situation of women within it.

ISBN: 9798538137299Subjects--Topical Terms:

600858
Law.
Subjects--Index Terms:

Alternative dispute resolution

Legal Pluralism and Constitutional Design - A Feminist Perspective on Intimate Partner Violence in Afghanistan.
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