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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
This is the second edition of a classic first published in 1965. This updated edition contains concise extracts of landmark judgements relating to Muslim law in India, Pakistan, and Bangladesh. It contains all the leading cases on most important issues such as Interpretation of Text, Who is a Muslim, Hybrids, Customs, Marriage, Dower, Dissolution of Marriage, Acknowledgements of Paternity and Legitimacy, Guardianship, Illegitimate Child, Gift, Life Interest, Wakf, Mosque, Pre-emption, Administration of Estates, Inheritance, Customary Law, Will, Testamentary Power, with recent updates and cases from India, Pakistan, and Bangladesh. Edited by Inida's most outstanding scholar of Islamic law this volume will be an essential read for all libraries and institutions that catalogue books on Islamic law/studies. This is an essential reading for scholars and students of law and religion. It will be especially important to lawyers and judges as Fyzee is still considered the greatest authority on Islamic law. It will also be useful to scholars and students of applied jusriprudence and philosophy.
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.
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.
The People’s Republic of Bangladesh is centrally located in South Asia and is one of the eight countries that constitute the South Asian Association of Regional Cooperation (SAARC). In 2010, the South Asian Institute of Legal and Human Rights Studies in Dhaka (SAILS) initiated the ‘Combating Gender Injustice’ research study to investigate how the Christian, Hindu and Muslim communities in the country are affected by the laws and customs governing their personal lives. The aim was to engage in a dialogue with the stakeholders the results of which would provide a basis to formulate recommendations for law, policy and procedural reform. These reports have been reproduced in this volume in updated and revised form. Moreover, in order to offer a more complete overview of the ethnic and religious minorities concerned, a chapter has been added on the personal laws of the Buddhist community, the third largest religious community in Bangladesh. Finally, the volume offers much needed information on the laws and customs of the indigenous peoples of the Chittagong Hill Tracts, communities following traditional rules and customs in the remote and hilly region of the country. The gender-insensitive personal laws prevalent in South Asian societies will continue to be debated for generations to come. This unique volume gives a voice to the different religious and ethnic communities affected by the current laws and practices in force in Bangladesh. The reader will find an overview and gain understanding of the legal issues that need to be addressed in each case.
Stephens argues that encounters between Islam and British colonial rule in South Asia were fundamental to the evolution of modern secularism.
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
This volume of Princeton Readings in Religions brings together the work of more than thirty scholars of Islam and Muslim societies in South Asia to create a rich anthology of primary texts that contributes to a new appreciation of the lived religious and cultural experiences of the world's largest population of Muslims. The thirty-four selections--translated from Arabic, Persian, Urdu, Bengali, Tamil, Gujarati, Hindavi, Dakhani, and other languages--highlight a wide variety of genres, many rarely found in standard accounts of Islamic practice, from oral narratives to elite guidance manuals, from devotional songs to secular judicial decisions arbitrating Islamic law, and from political posters to a discussion among college women affiliated with an "Islamist" organization. Drawn from premodern texts, modern pamphlets, government and organizational archives, new media, and contemporary fieldwork, the selections reflect the rich diversity of Islamic belief and practice in South Asia. Each reading is introduced with a brief contextual note from its scholar-translator, and Barbara Metcalf introduces the whole volume with a substantial historical overview.
A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.