Legal Pluralism and the State: the Mahalla as a Semi-autonomous Normative Order in Uzbekistan
Year: 2026
Type: article
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.
Author: Olmasxojayev Zoirxoja
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7225195380