Islamic law is before the Supreme Court of India again, with the question of whether triple-ṭalāq is a valid way of dissolving a marriage: by a man simply pronouncing that … Continue reading Commentary :: The Danial Latifi Case and the Indian Supreme Court’s Balancing Act
Case Comment :: The Shah Bano Case as Constitutional Conflict in India’s Muslim Family Law
India editor Akhila Kolisetty highlights the Shah Bano case as a marker of constitutional conflict between the Indian government's civil laws and its Muslim citizens' personal status laws. Mohammed Ahmed Khan v. Shah … Continue reading Case Comment :: The Shah Bano Case as Constitutional Conflict in India’s Muslim Family Law
Opening the Door to Constitutional Challenges to Muslim Personal Law in India, with Polygamy as a Starting Point
Historically, India’s Supreme Court has been hesitant to address the constitutionality of Muslim personal law, including of the practice of polygamy. In this post, however, I argue that the Court’s … Continue reading Opening the Door to Constitutional Challenges to Muslim Personal Law in India, with Polygamy as a Starting Point
Unilateral Talaq and the Indian Supreme Court’s Responsiveness to Perceptions within India’s Muslim Community
The parameters of the right of a husband to divorce his wife unilaterally through the pronunciation of ‘talaq’ three times (“triple talaq” or “unilateral talaq”) has been hotly contested in … Continue reading Unilateral Talaq and the Indian Supreme Court’s Responsiveness to Perceptions within India’s Muslim Community