Download or read book Muslim Personal Law in India an Analysis of Judicial Reform written by Syed Khalid Rashid and published by . This book was released on 1980 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking Muslim Personal Law written by Hilal Ahmed and published by Taylor & Francis. This book was released on 2022-04-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.
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 Nation and Family written by Narendra Subramanian and published by Stanford University Press. This book was released on 2014-04-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.
Download or read book Uniform Civil Code for India written by Shimon Shetreet and published by Oxford University Press. This book was released on 2015-06-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Download or read book Islamic Law in Africa written by J N D Anderson and published by Routledge. This book was released on 2013-10-15 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.
Download or read book Secularism Society and Law in India written by Mohammad Ghouse and published by Delhi : Vikas Publishing House. This book was released on 1973 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Download or read book The Role of Islam in the Legal System of Pakistan written by Martin Lau and published by BRILL. This book was released on 2006 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.
Download or read book Shari a Law and Society written by Alamgir Muhammad Serajuddin and published by . This book was released on 2001 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary study discusses the historical, social and legal contexts of Shari'a law reform in South Asia, their methodology and juristic basis, the debate between the traditionalists and modernists over their legality, the resultant political and social tensions, and their success in improving the social position of Muslim women.
Download or read book Cases on Muslim Law of India Pakistan and Bangladesh written by Alamgir Muhammad Serajuddin and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Muslim law is an integral part of South Asian legal system; and case law plays a major role in its interpretation, application and development. The book provides the readers, by a judicious selection of principal judicial decisions, with an adequate number of fact situations and gives them a clear idea of the basic principles and rules of this law and their application by the courts. In selecting cases due weight has been given to colonial India, India, Pakistan and Bangladesh. Part I of the book gives the gist of sixty-one cases under three heads: issues of law, case summary and court decisions, and comments; Part II reproduces full texts of thirty-five of them. Part I, which is a novelty in case books and constitutes the very essence of the book, is designed to explain cases to readers in a simple and intelligible manner, encourage them to go to the original reports and make study of law interesting and meaningful. Part II is meant to give them easy access to a representative collection of cases. The cases cover the following major areas: sources and interpretation of law, institution of marriage, marriage contracts, polygamous marriages, dower, restitution of conjugal rights, talaq, khula and irreconcilable break-down of marriage, Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, Muslim Women Act 1986, legitimacy, guardianship, maintenance of wives and divorced wives etc. Primarily intended as a core textbook for use in law schools of India, Pakistan and Bangladesh, (also UK and US), it will also be highly useful to members of legal profession, students and researchers of comparative law, social and gender studies and general readers -- Provided by publisher
Download or read book Adjudication in Religious Family Laws written by Gopika Solanki and published by Cambridge University Press. This book was released on 2011-04-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.
Download or read book Islamic Law in Past and Present written by Mathias Rohe and published by BRILL. This book was released on 2015-01-27 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
Download or read book Fundamentalism and Gender written by John Stratton Hawley and published by Oxford University Press, USA. This book was released on 1994 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book examine the connection between fundamentalism and gender.
Download or read book Islamic Law and Judiciary written by Tanzeem Fatima and published by . This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Present Book Is A Study Of The Judicial Trend Since 1950 Till Date. The Purpose Of The Book Is To Measure The Degree And Extent Of Deviation Or Departure From Well Established Principles Of Islamic Law. Contents Covers 1. Sources Of Islamic Law, 2. Nature And Concept Of Marriage, 3. Divorce, 4. Dower, 5. Maintenance, 6. Parentage, Legitimacy And Acknowledgement, 7. Guardianship, 8. Gift (Hiba) 9. Wakf, 10. Will (Wasiyyat), 11. Inheritance, 12. Application Of True Islamic-Shariah Laws: Some Suggestions
Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
