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Rethinking Muslim Personal Law
Issues, Debates and Reforms




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ISBN 9781032078748
April 22, 2022 Forthcoming by Routledge India
224 Pages

 
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Book Description

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.

Table of Contents

Introduction

Hilal Ahmed

 

Part 1. History and Law

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

M. R. Shamshad

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

Werner Menski and Kalindi Kokal

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

Abdul Matin

Chapter 4 Muslim Personal Law Reform and Human Rights

Furqan Ahmad

 

Part II. Politics and Law

Chapter 5. Muslim Personal Law and Triple Talaq: Claims, Counter-claims and the Media Discourse

Nazima Parveen

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

Maidul Islam

Chapter 7. Politics of Shariat in Postcolonial India

Hilal Ahmed

 

Part III. Gender and Law

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

Misbah Rashid

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

Irfan Engineer

 

Select Bibliography

Index

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Editor(s)

Biography

Hilal Ahmed is Associate Professor at the Centre for the Study of Developing Societies, New Delhi, India.

R. K. Mishra is Senior Professor and ONGC Subir Raha Chair Professor at the Institute of Public Enterprise, Hyderabad, India.

K. N. Jehangir is Faculty Member (Students’ Mentor) at the Institute of Public Enterprise, Hyderabad, India.