Narratives of Legal Pluralism: Understanding Coexisting Normative Orders in Postcolonial Societies

Abstract

This study aims to explore the dynamics of legal pluralism in Tehran, Iran, focusing on how individuals navigate and negotiate between multiple legal systems, including state law, religious law, and customary legal norms, within the context of a postcolonial society. A qualitative research design was employed, utilizing semi-structured interviews to collect data from 24 participants, including legal professionals, community leaders, and ordinary citizens. The participants were purposively selected to reflect a range of experiences with both formal and informal legal systems. Thematic analysis, facilitated by NVivo software, was used to analyze the interview data and identify key patterns and themes regarding legal pluralism. The findings reveal that legal pluralism is a lived reality in Tehran, with individuals regularly engaging with multiple legal systems. Participants expressed varying degrees of trust in state law, often preferring religious or customary legal systems for personal and family matters. Dispute resolution often takes place through hybrid mechanisms, where both formal and informal systems are utilized. Moreover, participants highlighted the inequalities inherent in legal pluralism, particularly the marginalization of women and minorities in both state and non-state legal frameworks. The study concludes that legal pluralism in postcolonial societies, such as Iran, is characterized by the coexistence and interaction of multiple legal systems. While hybrid systems provide flexible avenues for dispute resolution, they also perpetuate social inequalities, especially for marginalized groups. The findings suggest that addressing these inequalities and promoting more inclusive legal reforms is essential for improving access to justice in postcolonial legal systems.