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Author : Paras Diwan,Peeyushi Diwan
Publisher : Unknown
Page : 367 pages
File Size : 45,8 Mb
Release : 1991
Category : Islamic law
ISBN : OCLC:30322151
Author : Werner Menski
Publisher : Routledge
Page : 447 pages
File Size : 45,9 Mb
Release : 2013-12-16
Category : Social Science
ISBN : 9781136839856
This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.
Author : Elizabeth Lhost
Publisher : Islamic Civilization and Musli
Page : 368 pages
File Size : 41,7 Mb
Release : 2022-06-21
Category : History
ISBN : 1469668122
Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
Author : Rakesh Kumar Singh
Publisher : Universal Law Publishing
Page : 412 pages
File Size : 50,8 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 9350850079
Author : Manisha Sethi
Publisher : Routledge
Page : 207 pages
File Size : 51,7 Mb
Release : 2021-12-30
Category : History
ISBN : 9781000537857
The entanglement of law and religion is reiterated on a daily basis in India. Communities and groups turn to the courts to seek positive recognition of their religious identities or sentiments, as well as a validation of their practices. Equally, courts have become the most potent site of the play of conflicts and contradictions between religious groups. The judicial power thus not only arbiters conflicts but also defines what constitutes the ‘religious’, and demarcates its limits. This volume argues that the relationship between law and religion is not merely one of competing sovereignties – as rational law moulding religion in its reformist vision, and religion defending its turf against secular incursions– but needs to be understood within a wider social and political canvas. The essays here demonstrate how questions of religious pluralism, secularism, law and order, are all central to understanding how the religious and the legal remain imbricated within each other in modern India. It will be of interest to academics, researchers, and advanced students of Sociology, History, Political Science and Law. The chapters in this book were originally published as a special issue of South Asian History and Culture.
Author : Chibli Mallat,Jane Frances Connors
Publisher : BRILL
Page : 418 pages
File Size : 42,5 Mb
Release : 1990
Category : Architecture
ISBN : 1853333018
Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.
Author : E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 54,8 Mb
Release : 2013-01-01
Category : Religion
ISBN : 9780857934475
'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
Author : Tahir Mahmood
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2016
Category : Islamic law
ISBN : 935035697X
Author : Tahir Mahmood
Publisher : Unknown
Page : 288 pages
File Size : 55,8 Mb
Release : 2002
Category : Islamic law
ISBN : 8187162988
Author : Jeffrey A. Redding
Publisher : University of Washington Press
Page : 241 pages
File Size : 51,9 Mb
Release : 2020-04-15
Category : History
ISBN : 9780295747095
Whether from the perspective of Islamic law’s advocates, secularism’s partisans, or communities caught in their crossfire, many people see the relationship between Islamic law and secularism as antagonistic and increasingly discordant. In the United States there are calls for “sharia bans” in the courts, in western Europe legal limitations have been imposed on mosques and the wearing of headscarves, and in the Arab Middle East conflicts between secularist old guards and Islamist revolutionaries persist—suggesting that previously unsteady coexistences are transforming into outright hostilities. Jeffrey Redding’s exploration of India’s non-state system of Muslim dispute resolution—known as the dar-ul-qaza system and commonly referred to as “Muslim courts” or “shariat courts”—challenges conventional narratives about the inevitable opposition between Islamic law and secular forms of governance, demonstrating that Indian secular law and governance cannot work without the significant assistance of non-state Islamic legal actors.
Author : A. M. Bhattacharjee
Publisher : Unknown
Page : 236 pages
File Size : 53,7 Mb
Release : 1985
Category : Civil law
ISBN : STANFORD:36105043916456
Author : Hilal Ahmed,R. K. Mishra,K. N. Jehangir
Publisher : Taylor & Francis
Page : 191 pages
File Size : 40,7 Mb
Release : 2022-04-28
Category : Law
ISBN : 9781000573190
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.
Author : Ihsan Yilmaz
Publisher : Routledge
Page : 285 pages
File Size : 40,6 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351916240
Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.
Author : Iza R. Hussin
Publisher : University of Chicago Press
Page : 360 pages
File Size : 42,9 Mb
Release : 2016-03-31
Category : Law
ISBN : 9780226323480
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.
Author : Tahir Mahmood,Saif Mahmood
Publisher : Unknown
Page : 500 pages
File Size : 47,8 Mb
Release : 2012
Category : Islamic law
ISBN : 9350351595
