The Role of Informal Legal Systems in Protecting Minority Rights: A Case Study of Tribal Communities
Keywords:
Informal legal systems, minority rights, tribal communities, legal pluralism, dispute resolution, Iran, customary law, cultural preservationAbstract
This study aims to examine the role of informal legal systems in protecting minority rights among tribal communities residing in Tehran, focusing on how these systems operate alongside and in interaction with formal state legal frameworks. A qualitative research design was employed using semi-structured interviews with 24 participants, including tribal elders, community mediators, legal scholars, and minority rights advocates. Participants were purposively sampled from diverse tribal backgrounds in Tehran. Data collection continued until theoretical saturation was reached. Interviews were transcribed verbatim and analyzed thematically using NVivo software to identify major themes and subthemes related to informal justice mechanisms and minority rights protection. Three main themes emerged: (1) community-based dispute resolution, highlighting the central role of elders and tribal councils in restorative justice practices; (2) protection of collective rights, emphasizing the preservation of land, language, religion, and cultural autonomy through customary norms; and (3) interaction with formal legal systems, revealing tensions, adaptations, and selective collaborations between tribal and state legal frameworks. Informal systems were found to provide accessible, culturally relevant dispute resolution and rights protection, despite lacking formal recognition. Participants noted both resilience and challenges within these systems, including gender disparities and marginalization by state institutions. Informal legal systems remain vital to safeguarding minority rights in tribal communities, offering culturally grounded and effective mechanisms for conflict resolution and identity preservation. However, to enhance their protective capacity and legitimacy, these systems require formal recognition, gender-inclusive reforms, and supportive integration with state legal frameworks. Legal pluralism approaches that respect cultural diversity while promoting universal justice standards can facilitate such integration.
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