Commentarial Ocean

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, regionalization, synthesis and transregional connections; forms such as core texts, commentaries, supercommentaries, autocommentaries, glosses, translations and summaries; and contents such as substantive laws, contextual selections … Continue reading Commentarial Ocean

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

Overturning Islamic Law: Right of Guardianship of a Minor

This is part 4 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. In the last two blog entries I explored how the phrase “justice, equity and good conscience” could result in both the application and non-application of Islamic law. In the case of the non-application of … Continue reading Overturning Islamic Law: Right of Guardianship of a Minor

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

Sarabai v. Rabiabai – Divorce as Evasion in Modern India

By Dixie Morrison This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Case Summary: Sarabai v. Rabiabai is a family law case decided in the Bombay High Court in 1905, during the period of British imperial … Continue reading Sarabai v. Rabiabai – Divorce as Evasion in Modern India