1st Edition
Rethinking Muslim Personal Law Issues, Debates and Reforms
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.
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
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.
