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Conclusion

Both the survey and the case studies show that rule-of-law principles, such as the principle of the state's responsibility for the prosecution of crimes, the re­jection of vigilante justice and the rejection of collective punishment do have an impact on cases with and without the factor of female honour.

Regarding the quantitative data for all cases we can identify a challenge to traditional norms of clan-based justice by rule-of-law principles, as well as a pragmatic approach with openness to accepting otherwise unacceptable methods out of necessity. Regarding the case studies, the initial approaches of the families in both cases suggest the consideration of rule - of-law norms, such as the rejec­tion of a marriage solution, the refusal to allow any negative impact on the respective girls and the rejection of lethal revenge. This development cannot be attributed to a general challenge to the system of clan-based justice or clan structures in general, as the strong feeling of obligation towards clan-based justice and the strong approval of the responsibility to share in paying the d!yya show.

Meanwhile both sets of data, but in particular the case studies, suggest the objective of preserving or restoring family honour as well as the connected objective of preserving civil peace, play a paramount role. This can be seen in the large majority of 75.1% approving a marriage solution in the case of rape while at the same time a large group of this majority considered the solution a form of oppression against the girl, and becomes even more obvious in both case studies, notably with the strong approval of lethal revenge in the one case and the avoidance of any formal process and the unquestioned acceptance of severe violence in revenge in the other. The fact that the paramount necessity to preserve or restore honour was not questioned by either agent but also the absence of any challenge to informal justice by the participation of women suggests that the impact of the honour as a factor is stable.

Finally, regarding the question of the explanatory power of a rationalist ap­proach, the case studies have shown that developments and outcomes in both cases can convincingly be explained by the objectives of the different agents, whereby the factor of honour was the basis of key objectives. The quantita­tive data showing relatively large groups that accept, for pragmatic reasons, methods contradictory to their own moral viewpoint, also verify that legal plu­ralism is handled in a very pragmatic way, rather than in one based on ideology or habitus.

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Source: Oberauer Norbert, Prief Yvonne, Qubaja Ulrike (eds.). Legal Pluralism in Muslim Contexts. Brill,2019. — x, 258 p.. 2019
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