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” 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

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: Shamim Ara v. State of U.P. & Anr. is a family law case decided by the Supreme Court of India in 2002. … Continue reading Shamim Ara and the “Judicialization” of Divorce

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