Rethinking Muslim personal law : issues, debates and reforms / edited by Hilal Ahmed, R. K. Mishra and K. N. Jehangir.

Format:

Book

Contributor:

Ahmed, Hilal, editor.

Mishra, R. K., 1948- editor.

Jehangir, K. N., 1948- editor.

Language:

English

Subjects (All):

Civil law--India.

Civil law.

Islamic law--India.

Islamic law.

Legal polycentricity--India.

Legal polycentricity.

Physical Description:

1 online resource (187 pages)

Place of Publication:

London ; New York, New York : Routledge, [2022]

Summary:

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.

Contents:

Cover

Half Title

Title Page

Copyright Page

Table of Contents

List of Tables

Acknowledgements

Editors

List of Contributors

Introduction

History and Sociology of MPL

Politics of MPL/UCC

Notes

Part I: History and Law

Chapter 1: Of Statutes and Scriptures: Diversity, Democracy, Personal Laws and Courts

I. Introduction: What Is Personal Law?

II. Customary Law and Personal Law

III. Islamic Laws and the Muslim Personal Law in India

IV. The Conundrum between Uniform Civil Code and Personal Laws

V. Issue of Fundamental Rights and View of the Court

VI. Sabrimala - Entry of Women in Temple

VII Conclusion

Chapter 2: Muslim Personal Law from a Cross-national and Comparative Law Perspective

I. Introduction: Changing Demographic and Religious Landscapes in India and the Involvement of Islam and Muslims

II. The Global, Cross-national Picture

III. The Practical Usefulness of Legal Pluralism and Comparative Law

IV. The Kite Model of Law in Principle

V. The Practical Application of the Kite Model

VI. A Case Example

VII. Some Thoughts on the Kite Model and Muslim Personal Law

VIII. Key Findings and Conclusions

Chapter 3: Decoding Uniform Civil Code (UCC): A Sociological Analysis

I. Introduction

II. Pluralism and Uncodified Personal Law among Muslims

III. Muslim Women and Gender Justice

IV. Postscript

Chapter 4: Muslim Personal Law Reform and Human Rights

II. Nature of Islamic Law and Practice

III. Polygamy

IV. Triple Talaq

V. Maintenance

VI. A Way Forward Reforms

VII. Conclusion

Part II: Politics and Law

Chapter 5: Muslim Personal Law and Triple Talaq: Claims, Counterclaims and the Media Discourse

II. Women's Movement and the UCC.

III. MPL and TT: A Background

IV. Banning Triple Talaq: The Supporters' Claims

V. Opponents of Triple Talaq Law and Their Claims

VI. Alternative Voices, Triple Talaq Law and the Question of Reform

Chapter 6: Triple Talaq Bill and Reforming the Muslim Personal Law in India

I. Introduction: The Legal Discourse

II. Theological Discourse

Chapter 7: Politics of Shariat in Postcolonial India

II. What is Shariat, Historically?

III. The Postcolonial Shariat

Part III: Gender and Law

Chapter 8: Challenging the Hegemonic Discourse: All India Muslim Women Personal Law Board and Gender Justice

I. Divergent Opinions and the Formation of the Board

II. Versatile Conformism

III. Challenging the Hegemony - AIMPWLB and AIMPLB

Chapter 9: Gender Equality Should Guide the Process of Reforming Family Laws and Not National Integration

II. The UCC Debate in the Constituent Assembly

III. BJP and the UCC

IV. Regional Diversity

V. Diversity within Religious Communities, Caste and Scheduled Tribes

Bibliography

Index.

Notes:

Includes bibliographical references (pages 157-168) and index.

Description based on print version record.

ISBN:

1-00-321188-7

1-003-21188-7

1-000-57317-6

9781003211884

OCLC:

1306023341