LEGAL PLURALISM AND THE STATE: THE MAHALLA AS A SEMI-AUTONOMOUS NORMATIVE ORDER IN UZBEKISTAN

The relationship between state law and non-state normative orders is one of the central questions of legal theory. This article examines the mahalla, the traditional neighbourhood community of Uzbekistan, which has been institutionalised as a body of citizens' self-government, as a case of legal pluralism. Drawing on the theory of legal pluralism (Ehrlich, Moore, Griffiths, Merry, Tamanaha) and on socio-legal research on Uzbekistan, the study uses doctrinal, historical, comparative and socio-legal methods to analyse the legal status of the mahalla under the Constitution of 2023 and the Law «On Bodies of Citizens' Self-Government». The article identifies three layers of normativity that coexist within the mahalla: state-delegated norms, customary norms and religious-ethical norms. It proposes a typology of four modes of interaction between these layers and state law: complementarity, substitution, competition and accommodation. The study finds that Uzbek legislation formally integrates the mahalla into the state legal order, for example through reconciliation commissions, while customary and religious-ethical norms continue to operate outside formal regulation. This creates both opportunities, such as accessible dispute resolution and social support, and risks, including informal pressure on individuals and the weakening of procedural guarantees. The article proposes legal safeguards to harness the benefits of the mahalla while protecting individual rights.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-11-03
DOI
https://doi.org/10.5281/zenodo.23902195
Primary Topic
Indigenous Peoples' Rights and Law
Type
article
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article

LEGAL PLURALISM AND THE STATE: THE MAHALLA AS A SEMI-AUTONOMOUS NORMATIVE ORDER IN UZBEKISTAN

Olmasxojayev Zoirxoja
Zenodo (CERN European Organization for Nuclear Research)
Indigenous Peoples' Rights and Law
article

LEGAL PLURALISM AND THE STATE: THE MAHALLA AS A SEMI-AUTONOMOUS NORMATIVE ORDER IN UZBEKISTAN

Olmasxojayev Zoirxoja
article en

Abstract

The relationship between state law and non-state normative orders is one of the central questions of legal theory. This article examines the mahalla, the traditional neighbourhood community of Uzbekistan, which has been institutionalised as a body of citizens' self-government, as a case of legal pluralism. Drawing on the theory of legal pluralism (Ehrlich, Moore, Griffiths, Merry, Tamanaha) and on socio-legal research on Uzbekistan, the study uses doctrinal, historical, comparative and socio-legal methods to analyse the legal status of the mahalla under the Constitution of 2023 and the Law «On Bodies of Citizens' Self-Government». The article identifies three layers of normativity that coexist within the mahalla: state-delegated norms, customary norms and religious-ethical norms. It proposes a typology of four modes of interaction between these layers and state law: complementarity, substitution, competition and accommodation. The study finds that Uzbek legislation formally integrates the mahalla into the state legal order, for example through reconciliation commissions, while customary and religious-ethical norms continue to operate outside formal regulation. This creates both opportunities, such as accessible dispute resolution and social support, and risks, including informal pressure on individuals and the weakening of procedural guarantees. The article proposes legal safeguards to harness the benefits of the mahalla while protecting individual rights.

Zenodo (CERN European Organization for Nuclear Research)
Openalex Percentile: Top 5%
Indigenous Peoples' Rights and Law
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