Legal Pluralism And Divorce: Examining The Coexistence Of Religious And Civil Legal Systems

Aarushi Sharma & Mridul Bhatia, Manav Rachna University

ABSTRACT

Examining the presence and interplay of many legal systems—civil, religious, and customary—with an emphasis on India and Israel as case studies, this study explores the idea of legal pluralism within the context of divorce. Legal pluralism accepts that there are various legal traditions that have shaped family law and that these traditions represent a range of cultural, social, and religious values. In countries such as India, where personal laws are most common, the intricate nature of resolving disputes between these laws and fundamental rights is apparent, especially in significant decisions from the Supreme Court. Examining the presence and interplay of many legal systems—civil, religious, and customary—with an emphasis on India and Israel as case studies, this study explores the idea of legal pluralism within the context of divorce. Legal pluralism accepts that there are various legal traditions that have shaped family law and that these traditions represent a range of cultural, social, and religious values. In countries such as India, where personal laws are most common, the intricate nature of resolving disputes between these laws and fundamental rights is apparent, especially in significant decisions from the Supreme Court. The study explores topics like gender equality, children's rights, and access to justice as it digs into the subtleties of how these various legal systems manage divorce. The continuing discussions in India about the adoption of a Uniform Civil Code—which aims to harmonize personal law among various religious sects in order to guarantee justice and equality—are also covered. In order to preserve universal rights and respect cultural diversity, the paper makes the case for legal reforms that would harmonize these disparate systems with international human rights norms. This is especially important in the delicate and personal field of family law. This paper advocates for a method that strikes a balance between traditional and contemporary human rights standards by providing a thorough analysis of the interactions between civil law and religion. This deepens our understanding of the difficulties and consequences of legal pluralism in the administration of justice in family law.

Keywords: Legal Pluralism, Family Law, Civil Law, Religious Law, Customary Law, Gender Equality, Divorce, Personal Laws