Download or read book Landmark Judgements on Triple Talaq written by and published by . This book was released on 2018 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Triple Talaq written by Salman Khurshid and published by Oxford University Press. This book was released on 2018-01-25 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Triple talaq, or talaq-e-bidat, is one of the most debated issues in the Muslim world. From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice. The Supreme Court of India, in the landmark judgment of Shayara Bano v. Union of India, has taken the step to declare this form of talaq unconstitutional and to strike down its practice. In Triple Talaq: Examining Faith, Salman Khurshid, who intervened to offer the court an amicus brief in the “Triple Talaq case”, offers a straightforward yet comprehensive overview of this complicated issue. Explaining the reasons behind the court’s decision, he dives deep into other aspects of this practice: why it is wrong; why it has thrived; what was the judicial history of this issue; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are. A handy guide to this landmark decision and what it means for Muslims in India, this book is written not just for the theologian, but also for the common reader.
Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by Javaid Rehman and published by BRILL. This book was released on 2021-08-09 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Download or read book Questioning the Muslim Woman written by Nida Kirmani and published by Routledge. This book was released on 2016-03-16 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The marginalisation of Muslims in India has recently been the subject of heated public debate. In these discussions, however, Muslim women are often either overlooked or treated as a homogenous group with a common set of interests. Focusing on the narratives of women living in a predominantly Muslim colony in South Delhi, this book attempts to demonstrate the complexity of their lives and the multiple levels of insecurity they face. Unlike other studies on Indian Muslims that focus on Islam as a defining factor, this book highlights the ways in which religious identity intersects with other identities including class/status, regional affiliation and gender. The author also sheds light on the impact of such events as the Babri Masjid demolition in 1992 and the subsequent riots, the Gujarat communal carnage in 2002, and the anti-Sikh violence in New Delhi in 1984, along with the rise of Hindutva, and growing Islamophobia experienced worldwide in the post-9/11 period — on the articulation of identities at the local level and increasing religion-based spatial segregation in Indian cities. The study highlights how these incidents combine in different ways to increase the sense of marginalisation experienced by Muslims at the level of the locality. Understanding the need to look beyond preconceived religious categories, this book will serve as essential reading for those interested in sociology, anthropology, gender, religious and urban studies, as well as policymakers and organisations concerned with issues related to religious minorities in India.
Download or read book South Asian Feminisms written by Ania Loomba and published by Duke University Press. This book was released on 2012-03-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection intervenes in key areas of feminist scholarship and activism in contemporary South Asia, particularly India, Pakistan, Bangladesh, and Sri Lanka, while asking how this investigation might enrich feminist theorizing and practice globally.
Download or read book India Transformed Landmark Judgments that Shaped a Nation written by Pooja Agarwal and published by Ink of Knowledge. This book was released on with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Welcome to "India Transformed," a comprehensive compilation of 100 landmark judgments that have played a decisive role in shaping the course of India's legal system and society. These landmark decisions, delivered by the Supreme Court and various High Courts, have had a profound impact on the nation, influencing its laws, rights, and governance. This book aims to provide a thorough understanding of these cases, their historical context, and their far-reaching consequences for the country. "India Transformed" highlights the transformation of India through a series of landmark judgments that have set legal precedents and protected citizens' rights.
Download or read book Issues in Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Download or read book Encyclopedia of Women and Islamic Cultures written by Suad Joseph and published by BRILL. This book was released on 2003 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.
Download or read book Triple Talaq written by Furqan Ahmad and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long standing controversy among various group of ulamaa on the issue of 'triple talaq' once again has become a burning issue and is hotly debated. A fatwa (juristic verdict) on the issue which appeared before the national press flared up the controversy. Last year three Muftis of Jamat Ahl-i Hadith, according to their Maslak (Law), gave a verdict holding three pronouncements of talaq, all together at single sitting as not to be considered effective under Shariah which requires an interval of one month between one pronouncement and the other, as the procedure of talaq, as mentioned in the Quran. On April 15, justice H.N. Tilhari of the Lucknow bench of Allahabad High Court pronounced that the practice of uttering the word 'Talaq' at one go to effect an 'irrevocable' divorce was both unconstitutional and illegal. This judgement worked as fuel to fire and increased the intensity of the debate. The book does not go into the intricacies of the contents of the judgement. But the view of Ahl-i Hadith ulamaa which is known to all on the issue is indeed thought-provoking for our Hanafi ulamaa of the time. The object of the present study is to examine afresh the longstanding controversy over this topic and to seek a solution acceptable to people of divergent views. The work is based on primary books of Islamic jurisprudence and primary source of Islamic fiqh are consulted to present the true picture of law on the subject. The book would be useful not only for students and researchers of Islamic law but will also help lawyers and judges in dealing with cases according to the letter and spirit of Shariah.
Download or read book Muslim Law in India and Abroad written by Tahir Mahmood and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indian Feminisms written by Geetanjali Gangoli and published by Routledge. This book was released on 2016-05-23 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributing to debates on feminism, this book considers the impact made by feminists in India from the 1970s. Geetanjali Gangoli analyses feminist campaigns on issues of violence and women’s rights, and debates on ways in which feminist legal debates may be limiting for women and based on exclusionary concepts such as citizenship. She addresses campaigns ranging from domestic violence, rape, pornography and son preference and sets them within a wider analysis of the position of women within the Indian state. The strengths and limitations of law reform for women are addressed as well as whether legal feminisms relating to law and women's legal rights are effective in the Indian context. The question of whether legal campaigns can make positive changes in women’s lives or whether they further legitimize oppressive state patriarchies is considered. The recasting of caste and community identities is also assessed, as well as the rise of Hindu fundamentalism and the ways in which feminists in India have combated and confronted these challenges. Indian Feminisms will interest researchers and students in the areas of feminism, law, women’s movements and social movements in India, and South Asia more generally.
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Download or read book UPSC Polity Important Judgments of Supreme Court A brief Overview written by Exam Xtracts and published by by Mocktime Publication. This book was released on with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: UPSC Polity - Important Judgments of Supreme Court - A brief Overview
Download or read book The Muslim Women Protection of Rights on Marriage Bill 2019 written by Salim Khan Anmol and published by Sakha Global Books, Inc.. This book was released on 2022-08-15 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Muslim Women (Protection of Rights on Marriage) Bill 2019; New English Latest Edition Marriage is said to be the union of two people and is seen as the purest and oldest institution in India. The object of marriage for every religion is different. For example, marriage in Hindus is considered to be a ‘dharma’, but every religion places an obligation to get married for some or other reason. Where marriages among Hindus are considered a sacred institution, marriage among Muslims is seen as a contract. Unlike Hindu Law, Mohamedan Law, or Muslim Law is not codified. This leads to chaos and confusion regarding the various ceremonies and authenticity of various things related to marriage, like consent, age, divorce, maintenance, etc. In order to deal with different problems that arose due to the non-codification of Muslim law, the parliament passed various acts. The article explains all these acts and their important provisions. It also describes the nature and essential conditions of a Muslim marriage. Nature of Muslim marriage Marriage in Muslim law is known as Nikah. It is an Arabic word which means “union of two people”. Baillie’s Digest defines Muslim marriage as a contract done to legalise sexual relationships and the procreation of children, while on the other hand, in Hedaya (a guide or commentary on Islamic Law), nikah means carnal conjunction in its primitive sense. As said by the Prophet of Islam, marriage is his sunna (practices of the Prophet Muhammad) and his followers must obey his practices and follow them properly. When we talk about the nature of Muslim marriage, a question that always arises is whether it is a sacrament or a contract. Some jurists opined that marriage in Muslims is a civil contract while others argue that it has a sacrament attached to itself. Thus, while studying the nature of Muslim marriage, three different aspects are taken into consideration. These are: Legal aspect Social aspect Religious aspect Legal aspect of Muslim marriage The legal aspect says that among Muslims, marriage is a civil contract because it has similar characteristics to a contract. These are: Like a contract, there is a proposal i.e., Ijab by one party and acceptance i.e., Qubul by the other party. In a contract-free consent plays an important role. Similarly, there can be no marriage without the consent of the parties, and such consent must not be obtained through fraud, coercion, force or undue influence. If a minor is married by their guardians, then the minor has a right to repudiate the marriage on attaining the age of majority, which is the same as the age of puberty in Muslims. This option of puberty is also known as khyar-ul-bulugh. Similarly, a contract entered into by a guardian on behalf of a minor can be set aside or controlled by him on attaining a majority. The parties to a marriage are allowed to enter into any kind of ante-nuptial or post-nuptial agreement if it is enforceable by law. The only condition is that it must be reasonable and not contrary to their religion. The terms of marriage in the nikahnama can be altered according to the wishes of the bride and groom, but it must be within the limits of the law. In the case of Abdul Kadir v. Salima (1886), it was held that Muslim marriage is a contract and not a sacrament.
Download or read book The Encyclopaedia of Islam written by Sir H. A. R. Gibb and published by Brill Archive. This book was released on 1997 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Till Talaq Do Us Part written by Ziya Us Salam and published by Penguin Random House India Private Limited. This book was released on 2018-04-12 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shayara Bano knocked at the doors of the Supreme Court to challenge her husband's sudden decision of ending their marriage using the three dreaded words: talaq, talaq, talaq. A 1980s Bollywood movie sparked off a national debate on the validity of instant divorce, which even saw Dawat-a four-page daily published by the Jamaat-e-Islami Hind-talking about triple talaq as per the Quran. For a long time, the battle against instant talaq has garnered public attention. In Till Talaq Do Us Part, Ziya Us Salam, an eminent social commentator and an associate editor at Frontline, presents a holistic view of how divorce works in Islam. Ranging from triple talaq to talaq granted over three months to khula and talaq-e-tafweez, the book also discusses other methods of divorce available to a Muslim couple which go ignored thanks to all the attention on talaq, talaq, talaq.
Download or read book Western Representations of the Muslim Woman written by Mohja Kahf and published by University of Texas Press. This book was released on 2010-01-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Veiled, secluded, submissive, oppressed—the "odalisque" image has held sway over Western representations of Muslim women since the Enlightenment of the eighteenth century. Yet during medieval and Renaissance times, European writers portrayed Muslim women in exactly the opposite way, as forceful queens of wanton and intimidating sexuality. In this illuminating study, Mohja Kahf traces the process through which the "termagant" became an "odalisque" in Western representations of Muslim women. Drawing examples from medieval chanson de geste and romance, Renaissance drama, Enlightenment prose, and Romantic poetry, she links the changing images of Muslim women to changes in European relations with the Islamic world, as well as to changing gender dynamics within Western societies.
