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A Few Concluding Remarks on Anglo-Muhammadan Law

This is part 6 and the final post of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India.

Due to the generally unexplored nature of Anglo-Muhammadan law, I want to conclude my series of blogs with some notes that pinpoint some particular aspects of it that I believe are important. The court cases presented in these blogs by no means exhaustively represent the nuances of the dynamics that existed when Anglo-Muhammadan law was invoked in the courtroom. They do, however, present to the reader insights concerning the functioning of Anglo-Muhammadan law and judicial engagement with it. The basic conclusions from the analysis of the four court cases presented in the series are worthy of summarizing here:

Taken together, the various court cases demonstrate that Anglo-Muhammadan law was not uniformly conceived of, nor applied. In a single jurisdiction for instance, that of Allahabad, a great deal of diversity existed between judges with regards to Anglo-Muhammadan law. While some chose to directly invoke it, others chose to rely on precedent, and still others chose to disregard it altogether. Despite the lack of procedural uniformity within the courtroom, the cases do demonstrate the importance of Anglo-Muhammadan law in the adjudication of matters between Muslim subjects of the British Empire. What is unclear from the cases is the role that non-litigant Muslims played within the courtroom. In addition to being subordinate judges, as noted in the final legal case, Muslims were also advocates of the court, magistrates, High Court judges, Privy Council members and professors of law. As these various individuals gained prominence in the colonial legal system, the adjudication of Islamic law within colonial courtrooms took on a very different tone. My current research project and forthcoming monograph, Fractured Modernities: Contesting Islamic Law in Colonial India, explores how Islamic law emerges in colonial courtrooms in the late 19th and early 20th century, when Muslim judges assume a more prominent role and begin to set aside English legal translations. It challenges the idea of a static Anglo-Muhammadan legal code that was applied across cases of Islamic law and also broader narratives of rupture and the enervation of Islamic law as a result of the colonial encounter.

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