Panel: SHARIA LAW, MODERN LAW AND THE GOAL OF SOCIAL DEVELOPMENT



703.2 - LEGAL PLURALISM AND HUMAN RIGHTS: BRIDGING SHARIA LAW AND MODERN LEGAL SYSTEMS FOR INCLUSIVE DEVELOPMENT

AUTHORS:
Boehning M. (International Society for Human Rights (ISHR) ~ Bonn ~ Germany)
Text:
This paper addresses a critical yet underexplored dimension of the panel's overarching topic: the role of legal pluralism in fostering inclusive social development within societies governed by both Sharia law and modern legal frameworks. Legal pluralism, the coexistence of multiple legal systems within a single jurisdiction, presents both opportunities and challenges. On one hand, it reflects cultural diversity and promotes community-driven governance. On the other, it risks perpetuating inequalities and undermining universal human rights if not carefully managed. This paper explores how these dual systems can interact harmoniously to advance equitable social development while safeguarding individual freedoms and rights. Through a human rights lens, the paper examines key areas where Sharia law and modern legal systems often diverge—such as gender equity, religious freedom, and the rights of marginalized groups. It presents case studies from nations that have successfully integrated pluralistic legal systems while adhering to international human rights norms. These examples demonstrate how principled legal reforms, public dialogue, and education can mitigate conflicts and create synergies between diverse legal traditions. The paper also critically assesses instances where legal pluralism has exacerbated social divisions, offering insights into the conditions under which it can hinder or enhance the goal of sustainable development. It argues for the necessity of a human rights framework as a guiding compass for navigating legal pluralism, ensuring that all individuals, regardless of gender, religion, or status, can participate fully and equally in social progress. Ultimately, this paper calls for policymakers, legal scholars, and human rights advocates to embrace legal pluralism as an opportunity rather than an obstacle—one that requires ongoing dialogue, vigilance, and commitment to the universal values underpinning human dignity and social development.