Daughters’ inheritance, legal pluralism, and governance in Pakistan

Abstract

This paper explores social actors’ arguments regarding daughters’ inheritance, their use in court, and the implications of legal pluralism on governance in Pakistan. It scrutinizes the notion of custom, non-state law, and positive law as crucial dynamics that shed light on the ways social actors make sense of power and governance. In Foucauldian terms, this paper deals with the formation of statements – their temporalization and their becoming but in particular sheds light on the potential logics of the perpetuation of gender discrimination in inheritance laws. This paper suggests that the everyday arguments that play a role in the elaboration of the story told to the courts and received by the judge have the role of actants. Within the framework of proceedings it is possible to isolate the micro-units on which the legal discourse is elaborated either for state- or non-state jurisdiction, or for both of them, not necessarily seen as antagonistic places, and not necessarily seen within a framework of justice and injustice. This paper concludes that notwithstanding polarized discourses on centralized and decentralized governance, everyday practices of law in Pakistan tend rather to perpetuate non-state law together with positive law as continuous and concomitant interlegalities in and beyond the state instead of exclusive and conflicting sources of legitimacy.

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