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 … Continue reading A Few Concluding Remarks on Anglo-Muhammadan Law

Shifting Tides in the Application of Islamic Law: Muslim Judges on Colonial Benches

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 Gift Source: Indian Law Reports: Allahabad Series, Volume III Case: Ghulam Ahmad Khan and another (Plaintiffs) v. Muhammad Faiz Ahmad Khan (Defendant), January 27, 1881 … Continue reading Shifting Tides in the Application of Islamic Law: Muslim Judges on Colonial Benches

Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued

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 and Good Conscience:” Inheritance of Minors Source: Indian Law Reports: Allahabad Series, Volume I Case: Hasan Ali and another (Plaintiff) v. Mehdi Husain and others … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued

Anglo-Muhammadan Law and “Justice, Equity and Good Conscience”

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 of Anglo-Muhammadan law was varied and uneven. In addition to this being the result of a limited understanding of Islamic law on the part of … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience”

The Birth of Anglo-Muhammadan Law in India

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 and implementation of Anglo-Muhammadan law in British India. These posts stem from my current book project which seeks to move beyond the dichotomy of continuity … Continue reading The Birth of Anglo-Muhammadan Law in India

Shamim Ara and the “Judicialization” of Divorce

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 suit against her husband, Abrar Ahmad, alleging that he deserted and failed to support her. Ahmad responded, in 1990, that he was under no obligation … Continue reading Shamim Ara and the “Judicialization” of Divorce

The Transformation of Anglo-Muhammadan Law: Muslims on British Benches

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 the creation of Anglo-Muhammadan law. Like the other five cases that she has researched during her fellowship this year, this case  demonstrates the complexity of … Continue reading The Transformation of Anglo-Muhammadan Law: Muslims on British Benches