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 489 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 Mutinies for Equality written by Tanja Herklotz and published by Cambridge University Press. This book was released on 2021-09-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies transformations in law and gender in modern India, proposing drivers of change are emerging from beyond traditional institutions.
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 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 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 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 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 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 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 Contributions of Muslims to Indian Subcontinents written by Abul Hasan Ali Nadwi and published by Dar UL Thaqafah. This book was released on 2017-06-03 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1951, on my return from an extensive tour of the Middle East, I was invited by the All India Radio to broadcast a series of talks in Arabic on Indian Muslims. These talks, luckily, were received favorably by some of the Indian missions lodged in that part of the world, and they suggested their publication in the form of a booklet. The All India Radio also broadcast them subsequently in some other languages and an international Arabic Journal, Muslims, of Damascus was good enough to bring them out in its columns in a number of installments. In the present compilation five new essays have, in all, been included which were not broadcast over the radio. These are: -Influence of Muslims on Indian Civilization -Role of Muslims in the Struggle for Freedom -Indo-Islamic Culture -Sufi-Saints of India and their Impact on Society -Current Difficulties and Problems It is hoped that the book, with these additions, will be read with interest among the educated circles of the various communities that go to make our people and prove of some value in reducing the ignorance and the attitude of indifference which exist in the sister-communities to wards the Muslims. It may, further, be helpful in promoting the growth of a broad, realistic, national perspective in the country it so badly needs today. It will also, perhaps, not be too much to expect that, apart from non- Muslim friends, many educated Muslims, too, will find in the.se pages something which will be new to them and will add to their knowledge about themselves and go some way, however little, towards ridding them of the inferior1ty complex they have developed lately, but for which there can be no justification. The Muslim are not only citizens of an equal status with anybody in India; they are also among its chief builders and architects, and hold position second to none among the peoples of the world for selfless service to the motherland. They gave to India and to the Indian civilization a new Jibe and a new dimension and awakened its people to a new set of moral and spiritual values. Every patch of its land and every particle of its soil bears the imprint of their greatness and is a monument to their industry, earnestness and creative genius. In every aspect of Indian life and civilizations can be seen evidences of their noble aestheticism and cultural richness.
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 Women and Social Change in North Africa written by Doris H. Gray and published by Cambridge University Press. This book was released on 2018-01-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging analysis of grass-roots activism, migration, legal, political and religious changes as basis for social transformation.
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 Constitutional Secularism in an Age of Religious Revival written by Susanna Mancini and published by Oxford University Press, USA. This book was released on 2014 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional models of constitutional secularism have struggled to accommodate the modern revival of religious politics. The concept has been criticised as empty or illegitimate, while political and legal struggles have contested its meaning. This book gathers leading experts to examine the scope and substance of constitutional secularism today.
