COURTS AND MUFTIS IN DIALOGUE: NON-STATE RELIGIOUS AUTHORITY IN 21ST CENTURY PAKISTAN

Abstract

This thesis examines twenty-first-century fatāwā from Pakistan as a dynamic and negotiated form of non-state legality. Drawing on a systematic analysis of fatāwā issued by leading Deobandi and Barelvi institutions across the domains of civil, criminal, and family law, it argues that Muslim religious authorities in contemporary Pakistan exhibit a spectrum of orientations toward the modern state rather than a singular or oppositional stance. Building on this insight, the thesis conceptualizes fatwa as a site of legal pluralism in which normative authority is continuously constructed, contested, and reconfigured. The relationship between state and non-state legality is analyzed through an adapted application of Ian Barbour’s typology of science and religion, enabling a nuanced mapping of patterns of integration, dialogue, conflict and independence in juridical reasoning. Deobandi and Barelvi Fatwas’ engagement with state law are categorized as falling under integration, dialogue, conflict and independence. This dissertation investigates a corpus of fatwa that has not been researched before. Deobandi fatwa demonstrates a wider engagement in the civil law compared to other legal domains and Barelvi fatwas engage more in the family law. A notable difference is observed in the conflict and integration of both schools with state law. Barelvi school seems to accommodate the state law more whereas the Deobandi school appears to have a larger faction of conflict with state legality. This research suggests that Islamic legal authority and religious institutions persist in, and adapt to, the modern legal order. Muftis adopt a pragmatic and strategic approach to recognize the state and avoid direct confrontation while maintaining distinct normative authority.

Date of Award	2026
Original language	American English
Awarding Institution	HBKU College of Islamic Studies