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Muslim law is an integral part of the South Asian legal system, and case law plays a major role in its interpretation, application, and development. Through a selection of principal judicial decisions and significant fact situations from pre- and post-independent India, Pakistan, and Bangladesh, this volume provides an easy access to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.The cases discussed cover such diverse areas as sources and interpretation of law, institution of marriage, polygamous marriages, dower, restitution of conjugal rights, talaq, khula, irreconcilable breakdown of marriage, legitimacy, guardianship, and maintenance of wives and divorced wives. Among the important legislations, it covers Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, and Muslim Women Act 1986.The book also shows how religion-based rules of personal law have been interpreted by secular courts during certain epochs in history and how the trend of interpretation has changed over the last 150 years.
This volume investigates how judicial case law functions as both an interpretive mechanism and a social barometer for the evolution of Muslim personal law within the South Asian legal landscape. Alamgir Muhammad Serajuddin, a scholar of legal history, synthesizes a selection of pivotal judicial decisions from India, Pakistan, and Bangladesh to demonstrate the interplay between religious doctrine and secular court interpretation. By analyzing cases spanning 150 years, the author provides a framework for understanding how legal rules regarding marriage, divorce, and guardianship have adapted to shifting social norms and legislative reforms.
What You Will Find
Legal scholars and practitioners identify this work as a vital resource for understanding the practical application of Muslim law in South Asian jurisdictions. Experts frequently highlight the text for its clear synthesis of complex case law and its utility in tracking the evolution of legal interpretation over the last century and a half.
Page Count:
532
Publication Date:
2015-01-01
Publisher:
Oxford
ISBN-10:
0199457611
ISBN-13:
9780199457618
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