By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of … Continue reading What does Equality Mean in the Colonies?
By Nurfadzilah Yahaya In my book, Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020), I demonstrate how colonialism embodies a contradiction; in a sense, colonial … Continue reading Ṭalāq in the Colonies – Constraints on Colonial Judiciary
By Mahmood Kooria The postclassical commentarial literature of Islamic law, once ignored for being repetitive and inauthentic, now has been receiving considerable scholarly attention. Through the processes of canonization, codification, … Continue reading Commentarial Ocean
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 … Continue reading A Few Concluding Remarks on Anglo-Muhammadan Law
This is part 5 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. Court Case: Muhammadan law and Construction of Instrument of … Continue reading Shifting Tides in the Application of Islamic Law: Muslim Judges on Colonial Benches
This is part 3 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. Case 2: Non-Application of Islamic Law through “Justice, Equity … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued
This is part 2 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. As noted in the introductory blog post, the application … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience”
This is part 1 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. For this month’s series, I will examine the rise … Continue reading The Birth of Anglo-Muhammadan Law in India
Case Summary Shamim Ara v. State of U.P. & Anr. is a family law case decided by the Supreme Court of India in 2002. In 1979, petitioner Shamim Ara filed … Continue reading Shamim Ara and the “Judicialization” of Divorce
On April 25th, SHARIAsource Fellow, Dr. Sohaira Siddiqui, at the Islamic Legal Studies Program used the 1881 case of Fidayat ul-Nissa and others v. Muhammad Ismail Khan (India) to frame her discussion of … Continue reading The Transformation of Anglo-Muhammadan Law: Muslims on British Benches
