ADDIS ABABA INSTITUTE OF TECHNOLOGY
Section 21
Group 7
Legal pluralism: interrelations between customary, religious and state
legal systems
Group members:
1. Tamrat Tesfaye (UGR/6386/15)
2. Tsion Tsegaye (UGR/7689)
3. Yeabsira Dires (UGR/5451/15)
4. Yealem Birhanu (UGR/9954/15)
5. Yishak Sisay (UGR/2264/15)
6. Yohannes Addisu (UGR/7521/15)
7. Yohannes Gadisa (UGR/0243/15)
8. Yusuf Abubeker (UGR/9051/15)
Submitted to:
Submission date: July 26, 2015, E.C.
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Content
Introduction…………………………………………….1
Advantage of pluralism………………………………...2
Disadvantage of pluralism ……………………………. 2
Interrelation …………………………………………... 3
Legal Pluralism in Ethiopia ……………………………4
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Introduction
First let’s understand what Pluralism is. Pluralism is a concept that refers to the coexistence of
multiple perspectives, beliefs, values, or ideologies within a society. It recognizes and promotes
diversity and allows for the expression and acceptance of different viewpoints, religions,
cultures, and social groups. Pluralism encourages open dialogue, tolerance, and mutual respect
among individuals and communities. It acknowledges that there is no one "right" way to live or
think, and that diversity enriches society and fosters social harmony.
Legal pluralism, on the other hand, is a concept that recognizes the existence of multiple legal
systems or sources of law within a society. This can happen when there are multiple sources of
law, such as customary law, religious law, and state law, that are recognized and enforced by
different groups or institutions. Legal pluralism acknowledges that different groups may have
different legal norms and practices, and aims to find ways for these norms to coexist and interact
with each other. It acknowledges that formal state-created laws may coexist with customary,
religious, or traditional laws that are recognized and enforced by certain social or cultural groups.
Legal pluralism may occur due to historical, cultural, or political reasons, and it can be found in
various societies around the world. In legal pluralistic systems, multiple legal orders often
interact, sometimes conflict, and may influence each other.
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Advantages of legal pluralism
1. Cultural diversity and recognition: Legal pluralism recognizes the diversity of legal systems
and practices in a society, and can provide a means for marginalized or minority groups to
protect their own legal rights and interests.
2. Access to justice: Legal pluralism can provide alternative avenues for justice and dispute
resolution, particularly in cases where state legal systems may be inaccessible or ineffective.
3. Flexibility and adaptability: Legal pluralism can be more flexible and adaptable to changing
social and cultural contexts than state legal systems, which may be more rigid and formalized.
Disadvantages of legal pluralism
1. Inconsistency and confusion: Legal pluralism can create inconsistencies and confusion in the
application of laws, particularly when different legal systems conflict with each other.
2. Inequality and discrimination: Legal pluralism can reinforce existing power structures and
inequalities, particularly for marginalized or minority groups.
3. Lack of accountability: Legal pluralism can make it difficult to hold legal actors accountable
for their decisions and actions, particularly if there is no clear hierarchy or oversight mechanism.
4. Limited scope: Legal pluralism may only apply to certain areas of law or certain communities,
and may not provide a comprehensive legal framework for society as a whole.
Regarding the second question, whether state justice institutions and customary justice
institutions support each other to maintain peace and order, the answer is not straightforward and
depends on the specific context. In some cases, state justice institutions and customary justice
institutions may work together to maintain peace and order, particularly if there is recognition
and respect for each other's legal frameworks. In other cases, conflicts and tensions may arise
between these different legal systems, which can create challenges for maintaining peace and
order. Ultimately, effective coordination and collaboration between state and customary justice
institutions requires careful attention to the specific legal frameworks and cultural contexts
involved.
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Interrelation between customary, religious and state legal systems
The interrelation between customary, religious, and state legal systems is an important aspect of
legal pluralism. But before we see the interrelation between them let explain them one by one.
Customary Legal System: are legal systems that are based on the customs, traditions, and
practices of a particular community or society. These legal systems are often used in rural areas
and among indigenous communities, where state legal systems may not be accessible or may not
be trusted. Customary legal systems typically include three major components: customary laws,
council of elders, and customary courts or assemblies. The council of elders is responsible for
interpreting and applying customary laws, while customary courts or assemblies are responsible
for resolving disputes and enforcing decisions. Customary legal systems are an important aspect
of legal pluralism in many countries, including Ethiopia.
Some of customary legal system of Ethiopian includes the Gadaa system among the Oromo
people, the Fetha Nagast as a combination of Christian and Ethiopian legal principles, the Xeer
system among the Somali people, and the utilization of woreda courts and elders’ councils.
Religious Legal System: is a legal system that is based on religious texts, principles, and
traditions. Religious legal systems are often used in countries where the dominant religion plays
a significant role in shaping the legal system. For example, Islamic law (Sharia) is used in many
Muslim-majority countries, while Jewish law (Halakha) is used in Israel. Religious legal systems
typically cover a wide range of legal issues, including personal status (such as marriage and
divorce), inheritance, and criminal law. Religious courts are often responsible for interpreting
and applying religious law, and their decisions may be binding in certain cases.
State Legal System: is a legal system that is established and enforced by the state or
government. State legal systems typically include a constitution, laws, and courts that are
responsible for interpreting and enforcing those laws. State legal systems cover a wide range of
legal issues, including criminal law, civil law, and administrative law. State legal systems are
often used in urban areas and are the primary legal system in many countries. In Ethiopia, state
legal systems include district courts and the police, among others.
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These legal systems work side-by-side and interact with each other in various ways. For
example, customary laws and courts may be used to resolve disputes related to family matters,
while state laws and courts may be used to address criminal cases. Religious laws and courts
may also play a role in resolving disputes related to personal status, such as marriage and
divorce. However, conflicts can arise between these legal systems, and it is important to establish
mechanisms for resolving these conflicts and ensuring that justice is served.
In Ethiopia, the interrelations between customary, religious, and state legal systems are
characterized by the recognition of customary law, the harmonization with religious law, conflict
resolution efforts, and ongoing reform and integration initiatives. The Ethiopian legal system
acknowledges the importance of customary laws, particularly in rural areas and family-related
matters, allowing for their application and the establishment of customary courts. Likewise, the
legal framework recognizes the jurisdiction of religious institutions in administering religious
laws.
Overall, in Ethiopia, the interrelation between customary, religious, and state legal systems is
complex and dynamic. These systems often influence and intersect with each other, particularly
concerning family matters and personal laws. The Ethiopian legal system acknowledges and
accommodates the coexistence and integration of these different legal systems, striving for the
harmony and inclusivity of diverse cultural and religious practices.
Legal Pluralism in Ethiopia
Legal pluralism is a pervasive phenomenon in Ethiopia. The country is home to multiple ethnic
groups, each with its own customs, traditions, and legal systems. As a result, multiple legal
institutions, including customary laws and courts, state laws and courts, and religious laws and
courts, work side-by-side in most parts of the country. The 1995 Constitution of the Federal
Democratic Republic of Ethiopia (FDRE) recognizes the existence of legal pluralism and grants
specific rights to ethnic groups, which ultimately involves the recognition of indigenous legal
systems. Additionally, the FDRE Constitution provides some spaces for religious and customary
laws and courts to address personal and family cases. However, the relation between the various
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legal systems is characterized by cooperation and competition, and conflicts can arise between
different legal systems.
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Reference
1. Freshman anthropology module
2. Wikipedia
