This report is part of the United States Institute of Peace’s (USIP) ongoing effort to understand the pluralist legal system of Afghanistan. It examines, compares, and contrasts Islamic law with traditional forms of justice in an attempt to elucidate how such rule of law approaches interact as well as provide a fuller understanding of each system to better guide rule of law practice, policy, an...

Observers of post-independence cultural landscapes in Timor-Leste have highlighted the resurgence of customary practices and ceremonies, especially in settlements more distant from the moneyed resources of the capital, Dili.1 The revival of customary practices often accompanies a considered return among displaced communities to their ancestral lands and settlements (knua tuan). There they work ...

For years, policy makers have debated how to deal with customary tenure —sometimes known as ―informal,‖ ―indigenous,‖ or ―traditional law.‖ This concern arises because dual (or multiple) legal systems co-exist in many countries: statutory law alongside informal, customary practices, religious law, etc. Educated urban elites tend to use the statutory system while rural citizens, the less educate...

In 1990, shotguns and M-16s were adopted into Enga warfare, setting off some 15 years of devastation as youths (~17 to 28) took charge of interclan warfare. In response, people called on elder leaders to adapt customary institutions to restore peace; subsequently, war deaths and the frequency of war declined radically. Data from precolonial warfare, 501 recent wars, and 129 customary court sess...