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Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions—NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"—Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.
Taken from real life observations How much is too much? questions the reasons why the Indian society has certain prejudice towards divorced women, making it harder for them to take a decision, post a marriage break down. The book runs through the experience of the author from falling in love to going through various stages leading unto a divorce and finally trying to feel ‘normal’ again. Do you wonder at times if the occasional fights in your marriage is normal or worth pulling the plug for? Are you suffering in an agonising marriage and wonder what lies ahead? Contemplating a divorce and yet worried sick about the family? Are you staying in your marriage only due to societal taboos? Are you going through a separation already and wondering when will it all end? Then, here are some answers which might give you hope that while your world might have come crashing down but if you do conclude that you deserve better then it is perfectly okay no matter what the world around you feels! The book is aimed at giving hope to countless of those women who don't know what to expect while going through the trauma of a marital disaster. This book touches on the topic which our society uses daily to apply ground-rules and moral policing but it is time we break free from that regressive stigma. It is time that a divorce is understood just as an unfortunate chapter and not given any more importance than what is due. It is time, concept of marriages in India - change!
This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.
A leading expert in Indian family law and one of India s most successful divorce lawyers, Malavika Rajkotia has seen the drama of marriages coming undone at close quarters the effects of infidelity, jealousy, domestic violence, property disputes and custody battles. In this important book, she draws upon her extensive experiences in court and with her clients, as well as on case law, to lay bare the mysteries of marriage, divorce and family law. Intimacy Undone examines the institution of marriage in India, from its historical roots to its evolution towards the moral, social and legal position it holds today. It tackles subjects as diverse as the gender equations underpinning society, how current Indian property and family laws came into being, and the controversy about the Uniform Civil Code. Along the way, Rajkotia also brings alive the drama of the divorce courts, critiques the foibles of the institutions involved, and, throughout, furthers the aim of family law to bring about a more equal society.
This study traces the growth of the concept of divorce through the Dharmasastra, custom, case-law and legislation with special reference to the inter-pretation of the relevant provisions under the Hindu Marriage Act, 1955, pointing out how law has influenced society and vice versa. The work is comparative and presents a picture of the role played by English judicial precedent in Hindu law. For the legal profession as well as the student of modern comparative law this book should prove a valuable compact study.