SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India) In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament … Continue reading Round-up on Triple Ṭalāq
In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal
The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal
Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq
In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq
Women’s Right to Divorce under Islamic Law in Pakistan and India
Indian Muslim women's rights are once again manifesting as debates about talaq (divorce). Shayara Bano, who holds an advanced degree in sociology, petitioned the Indian Supreme Court last year to rule on the constitutionalism … Continue reading Women’s Right to Divorce under Islamic Law in Pakistan and India
Commentary :: The Danial Latifi Case and the Indian Supreme Court’s Balancing Act
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: Shamim Ara and the Divorce Politics of a Secular and Modern India
South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India
A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils
South Asia editor Jeff Redding compares the British sharīʿa courts debate to similar debates going on in India. He examines the semantic approach of the current debate, and questions whether this approach fully encompasses the … Continue reading A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils