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Jolly, Stellina, and Prakriti Malla. "Recognition and Enforcement of Foreign Divorce Judgments in India and Nepal: A Comparative Analysis." Global Journal of Comparative Law 11, no. 2 (July 12, 2022): 197–221. http://dx.doi.org/10.1163/2211906x-11020002.
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Abstract The increased presence of diaspora has resulted in many South Asian women marrying and migrating to the West. Such cross-border/transnational marriages have also resulted in copious judicial disputes presented in Western jurisdictions. The definitive resolution of marital disputes necessitates a well-defined mechanism for the recognition and enforcement of foreign judgments. Clear legal provisions dealing with recognition and enforcement of foreign divorce judgments are significant in determining a person’s legal status, which has instantaneous and future legal implications concerning property and succession. Despite the codification attempt at the international level by the Hague Conference on Private International Law, India and Nepal have not become parties to the Convention on the Recognition of Divorces and Legal Separations. Both countries have adopted different approaches and principles to deal with recognising foreign divorces. This article examines the legal position of recognising and enforcing foreign divorce judgments under the Indian and Nepalese Legal frameworks and contextualising its position in the global context.
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Dommaraju, Premchand. "Divorce and Separation in India." Population and Development Review 42, no. 2 (May 30, 2016): 195–223. http://dx.doi.org/10.1111/j.1728-4457.2016.00127.x.
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Mishra, Smeeta, and Krishna Jayakar. "Remarriage in India: Online Presentation Strategies of Men and Women on an Indian Remarriage Website." Indian Journal of Gender Studies 26, no. 3 (October 2019): 309–35. http://dx.doi.org/10.1177/0971521519861159.
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Traditionally, attitudes towards remarriage in India have been characterised by scepticism and suspicion, especially in the case of women. Online remarriage sites promised to open up new possibilities for Indians seeking remarriage. A study of self-presentation strategies adopted by men and women in their online profiles posted on a popular remarriage site shows that while the new technology may have made it easier for divorced and widowed individuals to search for partners, profiles presented emphasise caste and community affiliations, and reinforce gendered roles and expectations. Those seeking remarriage, especially women, engaged in substantial efforts to allay fears and concerns associated with divorce and remarriage in India by adhering to normative standards characteristic of a deeply patriarchal society. While many profiles of men highlighted a sense of male entitlement and privilege, an account of the circumstances of divorce was missing from the profiles of both men and women even as the Indian family as a site of harmony and respectability was emphasised by both. Furthermore, while men made consumerist promises in their statements, women used their online profiles to express their consumerist dreams, simultaneously adhering to gendered expectations. Finally, both men and women engaged in selective self-presentation emphasising socially desirable traits such as a light skin tone or a desirable body type in a neoliberal context marked by consumerist modernity.
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Chakrabarti, Anindita, K. C. Mujeebu Rahman, and Suchandra Ghosh. "Of Marriage, Divorce and Criminalisation." Journal of Legal Anthropology 6, no. 1 (June 1, 2022): 24–48. http://dx.doi.org/10.3167/jla.2022.060103.
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In India, where religion-specific laws govern issues of marriage, divorce, maintenance, adoption and inheritance, the family laws of Muslims – the largest religious minority – have been a thorny issue in the post-independence period. In recent years, the major intervention in Muslim personal law reform came in the form of the invalidation of instant divorce or triple talaq by the Supreme Court of India. Subsequently, a law was passed that criminalised it. By delving into a close examination of recent judicial activism and by drawing on our ethnographic work with Muslim women in India, we show that it is only by refocussing the debate from judicial discourse to legal practice that the trope of Muslim women’s victimhood and the tired debates about religious freedom versus citizenship rights can be questioned and bypassed.
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Dutta, Sagnik. "Divorce, kinship, and errant wives: Islamic feminism in India, and the everyday life of divorce and maintenance." Ethnicities 21, no. 3 (March 3, 2021): 454–76. http://dx.doi.org/10.1177/1468796821999904.
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This article is an ethnographic exploration of a women’s sharia court in Mumbai, a part of a network of such courts run by women qazi (Islamic judges) established across India by members of an Islamic feminist movement called the Bharatiya Muslim Mahila Andolan (Indian Muslim Women’s Movement). Building upon observations of adjudication, counselling, and mediation offered in cases of divorce and maintenance by the woman qazi (judge), and the claims made by women litigants on the court, this article explores the imaginaries of the heterosexual family and gendered kinship roles that constitute the everyday social life of Islamic feminism. I show how the heterosexual family is conceptualised as a fragile and violent institution, and divorce is considered an escape route from the same. I also trace how gendered kinship roles in the heterosexual conjugal family are overturned as men fail in their conventional roles as providers and women become breadwinners in the family. In tracing the range of negotiations around the gendered family, I argue that the social life of Islamic feminism eludes the discourses and categories of statist legal reform. I contribute to existing scholarship on Islamic feminism by exploring the tension between the institutionalist and everyday aspects of Islamic feminist movements, and by exploring the range of kinship negotiations around the gendered family that take place in the shadow of the rhetoric of ‘law reform’ for Muslim communities in India.
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Sharafi, Mitra. "The semi-autonomous judge in colonial India." Indian Economic & Social History Review 46, no. 1 (January 2009): 57–81. http://dx.doi.org/10.1177/001946460804600104.
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Through a survey of 19 leading cases on Islamic dower and divorce between 1855 and 1924, this article explores the ways in which judges acted as semi-autonomous agents by undermining the colonial legislation and personal law treatises they were expected to apply. Contrary to the view that colonial judges consistently reinforced the patriarchal authority of husbands in direct and immediate ways, it suggests that some colonial judges were working in the service of their own chivalric imperialist agenda: the defence of Muslim wives. The article focuses on two particular moves. First, colonial judges encouraged the use of inflated dower, a device intended to make the husband's power of triple talāq too expensive to use. Colonial legislators invalidated inflated dower in various parts of India, but judges confirmed the validity of inflated dower sums whenever possible. Second, judges expanded the use of delegated divorce, a device that helped Muslim wives counter their husbands' right to polygamy and unilateral divorce. In doing so, judges undermined the restricted approach to delegation taken by colonial treatises on Anglo-Islamic law.
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Shabnam Khan and Dr. Seema Sharma. "Dissolution of Muslim Marriage in India: An Analytical Study." Legal Research Development an International Refereed e-Journal 6, no. II (December 30, 2021): 36–38. http://dx.doi.org/10.53724/lrd/v6n2.08.
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The concept of marriage and divorce in Muslim law is based on ancient perspectives and a historical perspective among Muslims. Personal law, which contains the Quran (holy book of Muslims), Sunnat (traditions), Ijma (consensus), and Qiyas (analogical deductions). Quran is the most important source in Muslim Law. Marriage is seen as a civil contract in Muslim law. Nikah and muta marriages are two different types of Muslim marriages. Both the likely husband and wife must fulfill various significant conditions before entering into a Nikah marriage, such as the age of majority, the parties' permission, Mehr, and so on. Because Muslim marriage is a civil contract, one party makes an offer, which is accepted by the other. Divorce by husband, by wife, by mutual consent, and by judicial order are the four types of divorce in Muslim Law.
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Rheem, Abdul, and Musheer Ahmad. "APPLICATION OF MATLAB IN REAL DECISION MAKING PROBLEM." Jnanabha 52, no. 01 (2022): 08–21. http://dx.doi.org/10.58250/jnanabha.2022.52102.
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The aim of this paper is to analyze the maximum age group of women affected by the divorce problem using fuzzy matrix method. Study of this real world problem is based on four types of different matrices, known as initial raw data matrix (IRDM), average time dependent data matrix (ATDM), refined time dependent data matrix ( RTDM), and combined effect time dependent data matrix ( CETDM). For this study the data has been obtained from 110 divorced women in Delhi and NCR, India. In order to estimate maximum age group of women influenced by divorce problem, some graphical representations are shown for different values of ?, 0 ≤ α ≤ 1 using algebraic applications of fuzzy matrices. Abdul et al. [13] faced different type of problem like if we add one or more attributes row wise or column wise then matrix will become bigger and complexity will increase during calculation. Due to it we use matlab code to solve each part of this problem in this paper and got best results.
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Vatuk, Sylvia. "Extra-Judicial Khulʿ Divorce in India’s Muslim Personal Law." Islamic Law and Society 26, no. 1-2 (January 1, 2019): 111–48. http://dx.doi.org/10.1163/15685195-02612p06.
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AbstractThis essay examines khulʿ divorce as it is interpreted, understood, and practiced in India by Sunni Hanafi Muslims. My research was part of a broadly focused investigation of the impact of India’s Muslim Personal Law upon women’s well-being, begun in 1998 and on-going. I draw upon ethnographic and archival data collected between 1998 and 2001, as well as a recent review of the relevant case law. Widespread stereotypes represent Indian Muslim women as powerless to free themselves from unhappy marriages. However, they do have several legal options. One is to offer the husband a consideration for granting an extra-judicial divorce by khulʿ. This has distinct advantages over filing for divorce in a court of law. But its downside is that the husband must agree to release his wife from the marriage. Many refuse, others drive hard bargains or create other difficulties for the wife that are discussed in the essay.
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Sharma, Prabha, and Dinesh Sharma. "THREE DIVORCES: A SOCIOLOGICAL SCIENTIFIC ANALYSIS." International Journal of Research -GRANTHAALAYAH 8, no. 10 (November 6, 2020): 182–86. http://dx.doi.org/10.29121/granthaalayah.v8.i10.2020.2029.
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English: The article presented describes the marriage (nikah) divorce, multi-marriage Shariah and Indian constitution due to the religious trends of the Muslim class in Indian society. India is a sovereign, socialist, secular, democratic republic with a parliamentary system of government. In the republic of the same parliamentary system, in the present time, the right of Muslim women to be violated, in the form of divorce, in the form of divorce, and there is no more dowry, the main reason for such exploitation is lack of proper and complete knowledge of religion. , Wrong use of the rule of Sharia law is to be superstitious and orthodox and to not give legal form to marriage with very important religious marriage. The articles presented are based on Purnataya Second type of information like - Islamic book, Indian constitution, newspaper, website of Ministry of Information and Broadcasting (Government of India) etc.
Hindi: प्रस्तुत लेख में भारतीय समाज में मुस्लिम वर्ग के धार्मिक प्रवृत्तियों से हो रहे विवाह (निकाह) तलाक, बहु विवाह शरीअत एवं भारतीय संविधान का वर्णन किया गया है। भारत में संसदीय प्रणाली की सरकार वाला एक प्रभुसत्ता सम्पन्न, समाजवादी, धर्म निरपेक्ष, लोकतंत्रात्मक गणराज्य है। उसी संसदीय प्रणाली की सरकार वाले गणराज्य में वर्तमान समय मुस्लिम महिलाओं के अधिकारों का हनन कही निकाह के रूप में, कही तलाक के रूप में तो कही दहेज अधिक न मिलने के कारण इस प्रकार के शोषण का मुख्य कारण धर्म का सही और पूरा ज्ञान न होना, शरीअत कानून के नियम का गलत प्रयोग अन्धविश्वास एवं रुढ़िवादी होना एवं अत्यन्त महत्वपूर्ण धार्मिक विवाह के साथ ही साथ विवाह को कानूनी रूप प्रदान न किया जाना है। प्रस्तुत लेख पूर्णताया द्वितीय प्रकार की सूचनाओं पर आधारित हैं जैसे - इस्लामिक पुस्तक, भारतीय संविधान, समाचारपत्र, सूचना एवं प्रसारण मंत्रालय (भारत सरकार) की बेवसाइड इत्यादि।
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Sonawat, Reeta. "Understanding families in India: a reflection of societal changes." Psicologia: Teoria e Pesquisa 17, no. 2 (August 2001): 177–86. http://dx.doi.org/10.1590/s0102-37722001000200010.
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Literature on family studies in India has grown to a large extent in the last two decades, although such studies are scattered. This article presents socio-demographic data on families in India aiming to provide bases for analyzing research, particularly in the area of family development. Indian families are classified as patrilineal and matrilineal according to the lineage or descent by father or mother. The family structure is conceptualized as the configuration of role, power, and status and relationships in the family which depends upon the families socio-economic background, family pattern, and extent of urbanization. Marriage practices are emphasized covering subjects such as marriage patterns, selection of marriage partner, age at marriage, age at consummation of marriage, marriage rituals, financial exchanges and divorce. In spite of urbanization and industrialization in the contemporary Indian society, the family institution continues to play a central role in the lives of people.
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Ganneri, Namrata R. "Book review: Srimati Basu, The Trouble with Marriage––Feminists Confront Law and Violence in India and Malavika Rajkotia, Intimacy Undone Marriage, Divorce and Family Law in India." Social Change 48, no. 2 (June 2018): 308–10. http://dx.doi.org/10.1177/0049085718768930.
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Srimati Basu, The Trouble with Marriage––Feminists Confront Law and Violence in India. New Delhi: Orient BlackSwan, 2015, xiv+266 pp., ₹775, ISBN: 978-93-86050-56-4. Malavika Rajkotia, Intimacy Undone Marriage, Divorce and Family Law in India. New Delhi: Speaking Tiger, 2017, xiv+418 pp., ₹799, ISBN: 978-93-86050-56-4.
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Thadathil, Aneesh, and Sujata Sriram. "Divorce, Families and Adolescents in India: A Review of Research." Journal of Divorce & Remarriage 61, no. 1 (March 27, 2019): 1–21. http://dx.doi.org/10.1080/10502556.2019.1586226.
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Krishnaleela, S. "Comparative Study of Personal Law in India." Shanlax International Journal of Arts, Science and Humanities 7, no. 4 (April 1, 2020): 121–27. http://dx.doi.org/10.34293/sijash.v7i4.2374.
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A woman was considered less than a full human, an object to be transferred by her male guardian. Though the turn in rights and behavior hasn’t quite corrected itself, women, possibly in a better place today than ever before -women are uniformly discriminated in India concerning all religions. Poly gamy forms a key basis for discrimination among Muslim women. In Christians, a wife can claim separation only on the adultery of the husband and his change of profession of Christianity to some other religion and marrying other women -There are different inheritance rules among the male and female Hindus. All this discrimination among the Indian women have to without any distinction be they Christian, Hindu, Muslim, Parsi, Sikh or Buddhist take what is best in all laws and frame a Uniform Civil Code - This article critically examines the uniform discrimination of women in India among Hindu, Muslim and Christian female marriage, Divorce and succession.
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Redding, Jeffrey A. "A Secular Failure: Sectarianism and Communalism in Shayara Bano v. Union of India." Asian Journal of Law and Society 8, no. 1 (February 2021): 56–71. http://dx.doi.org/10.1017/als.2020.47.
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AbstractProponents of secularism often describe their support for this form of governance in terms of the protections it provides against the excesses, dangers, and coercions of religious governance. In reality, however, the differences between secular and religious systems of governance are often overstated, with secularism’s promises being in conversation with secularism’s failures. This article explores one recent and important instance of such secular failure, namely the high-profile Indian case of Shayara Bano v. Union of India deciding the legal legitimacy of “triple talaq,” a common Indian Muslim divorce practice. During the litigation of this case, a prominent Indian Muslim organization ended up engaging in sectarian modes of argumentation, whereby aspersions were cast on the Muslim bona fides of certain persons and communities. Further, in the course of deciding Shayara Bano, a religiously diverse set of Indian Supreme Court justices found themselves disagreeing along communal lines about either the necessity or ability of the secular state to “reform” Muslim family law. In all this, sectarian and communitarian divisions in India were heightened, and the social peace and religious freedom promised by secularism were severely undermined.
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Anurag, Pinki Mathur. "The soundness of ‘unsoundness’: Marriage, divorce, and mental disability in India." Jindal Global Law Review 12, no. 2 (October 26, 2021): 293–309. http://dx.doi.org/10.1007/s41020-021-00154-5.
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Drabu, Onaiza. "Who Is the Muslim? Discursive Representations of the Muslims and Islam in Indian Prime-Time News." Religions 9, no. 9 (September 19, 2018): 283. http://dx.doi.org/10.3390/rel9090283.
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A cursory look at Indian prime-time news tells us much about the tone and tenor of the people associated with it. Exaggerations, hyperbole, and tempers run wild, and news anchors flail in theatrical rage. News channels and news editors display their ideological affiliations subliminally. These affiliations—a factor of personal political stances, funding bodies, and investors—lead to partisan bias in the framing of news and, in some cases, can easily translate into racial prejudice. In this paper, I examine news coverage related to Muslims in India. I study the coverage of two issues specifically—love jihad and triple talaq—in prime-time English news of two channels: Times Now and Republic TV. Love jihad is a term used to describe alleged campaigns carried out by Muslim men targeting non-Muslim women for conversion to Islam by feigning love. Triple talaq is a form of divorce that has been interpreted to allow Muslim men to legally divorce their wives by stating the word “talaq” three times. My analysis of the content, tone, and tenor of their coverage shows that these channels propagate associations between Islam and backwardness, ignorance, and violence through consistent employment of the following tropes: “Muslim women need to be saved from Muslim men”; “Hindu women need to be saved from Muslim men”; and, “Muslims are not fully Indian—they are anti-national”. I place this study of news media within the current political climate in India and briefly touch on the conversations it guides and provokes. This is a first step in detailing a problem. It is also a call for further analysis on this subject to examine and evaluate if and how discourse manipulates public conversations and policy decisions.
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Abbasi, Muhammad Zubair. "Women’s right to unilateral no-fault based divorce in Pakistan and India." Jindal Global Law Review 7, no. 1 (April 2016): 81–95. http://dx.doi.org/10.1007/s41020-016-0024-9.
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Subramanian, Narendra. "Making Family and Nation: Hindu Marriage Law in Early Postcolonial India." Journal of Asian Studies 69, no. 3 (August 2010): 771–98. http://dx.doi.org/10.1017/s0021911810001476.
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Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.
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Menski, Werner. "Book Review: Malavika Rajkotia, Intimacy Undone. Marriage, Divorce and Family Law in India." South Asia Research 38, no. 2 (May 20, 2018): 202–4. http://dx.doi.org/10.1177/0262728018768949.
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DUTTA, Sagnik. "From Accommodation to Substantive Equality: Muslim Personal Law, Secular Law, and the Indian Constitution 1985–2015." Asian Journal of Law and Society 4, no. 1 (September 9, 2016): 191–227. http://dx.doi.org/10.1017/als.2016.54.
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AbstractThe adjudication of religious personal laws of minority communities in India has been a domain of contestation between competing claims of cultural autonomy, gender justice, and individual rights. The Supreme Court of India has time and again been confronted with the conflict between the secular law and legislation that protects group rights of minorities. While the existing literature has taken note of the attempts by the Indian state and the judiciary at legal-pluralist interventions to secure gender justice within the framework of personal laws based on religion, there has not been a sustained analysis of the discursive construction of constitutional law in dynamic interaction with the secular law and tenets of religion. This paper attempts to address this important gap in the scholarship using a discourse analysis of the judgments of the Supreme Court of India from 1985 until 2015 pertaining to post-divorce maintenance for Muslim women. I examine how the “rights” of Muslim women are framed in a realm of dynamic interaction between legislation premised on community identity, notions of constitutionalism, and personal laws based on religion to argue that the state adopts an interventionist role in a legal-pluralist paradigm; it further uses the specificity of community identity to foreground a vision of social justice.
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Garipova, Rozaliya. "Divorce from Missing Husbands: Rizaeddin Fakhreddin and Reform Within Islamic Tradition in Imperial Russia." Journal of the Economic and Social History of the Orient 65, no. 5-6 (September 1, 2022): 761–801. http://dx.doi.org/10.1163/15685209-12341582.
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Abstract In the late nineteenth and early twentieth century,1 Muslim communities in different parts of the world faced a common problem—women’s inability to obtain divorce after their husbands went missing. These women, deprived of provision (nafaqa), could neither sustain themselves financially nor remarry. In response to this situation, Muslim scholars, in their respective communities (Egypt, Ottoman Syria, British India and the Russian empire), produced legal decisions (fatwas) to facilitate women’s divorce. This paper focuses on the responses of Russia’s Islamic scholars to this problem which were collected and published by a prominent religious scholar of the Volga-Urals, Rizaeddin Fakhreddin. Among Volga-Ural Muslims, this problem was entangled with the question of religious authority under Russian imperial rule. I argue that since Russia’s legal pluralism and institutionalization of the ‘ulama under the Orenburg Muslim Spiritual Assembly were the main reasons behind the inability to solve the problem of women’s divorce from missing husbands, Fakhreddin initiated this collective deliberation as a preliminary attempt to resolve a legal issue through the consensus (ijmā‘) of legal experts within the framework of the OA. Finding a solution to the problem faced by the wives of missing husbands was inseparable from the question of the transformation of Islamic religious authority under imperial rule.
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Amato, Paul R. "The Impact of Divorce on Men and Women in India and The United States." Journal of Comparative Family Studies 25, no. 2 (August 1994): 207–21. http://dx.doi.org/10.3138/jcfs.25.2.207.
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De, Rohit. "The Two Husbands of Vera Tiscenko: Apostasy, Conversion, and Divorce in Late Colonial India." Law and History Review 28, no. 4 (October 4, 2010): 1011–41. http://dx.doi.org/10.1017/s0738248010000751.
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On June 27, 1940, Vera Tiscenko, a Polish actress formerly with the Moscow Arts Theatre, “of her own free will and after due deliberation” embraced the Islamic faith at the Nakoda Mosque at 19 Chowringee Road, Calcutta. Vera Tiscenko's journey from Moscow to colonial Calcutta was a long and tortuous one. Fleeing the country after the revolution, Vera settled in Berlin where she married a Russian émigré, Eugene Tiscenko. Over the next few years they moved across Europe from Nazi Berlin to civil war Spain and finally settled in Mussolini's Rome, where Vera gave birth to a son, Oleg. In 1938, Eugene Tiscenko went to Edinburgh to qualify for a British medical degree, while Vera and her son left Rome for Calcutta after being invited by Professor Shahid Suhrawardy, her former director at the Moscow Arts Theatre. The reason for the separation between the couple remains unclear. Chief Justice Derbyshire was to speculate that Eugene Tiscenko might have intended to settle somewhere in British India after qualifying, but Vera herself admitted that the marriage had been unhappy. Finding “relief and solace in the teachings of Islam,” she cabled her husband the news of her conversion and requested that he accept the Islamic faith. Eugene Tiscenko replied that his religious convictions were unshakable and “refused absolutely” to change his faith.
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Sur, Esita. "Triple Talaq Bill in India: Muslim Women as Political Subjects or Victims?" Space and Culture, India 5, no. 3 (March 25, 2018): 5. http://dx.doi.org/10.20896/saci.v5i3.299.
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The recent proposed Muslim Women (Protection of Rights on Marriage) Bill 2017 has raised the new issues, which were long due to Muslim women in India. It has not only criminalised the practice of instant tin talaq (divorce), but also signifies the government’s intervention in defining the notion of gender justice to Muslim women. Importantly, this development not only highlights an emerging Muslim women’s activism in India but also an articulation of gender justice from within the community. However, an array of criticisms is also sprouting up against the Bill from different corners of the community, including Muslim women’s groups. The article is an attempt to address the multiple facets of the Bill; it also argues that the talaq issue alone cannot constitute the core of gender justice rather the interplay of various factors like Hindutva, communal violence and the marginal location of the Muslim community needs to taken into account to understand Muslim women’s question in India.
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Sur, Esita. "Politics of Locating Muslim Women in Islamic Discursive Tradition in India." Space and Culture, India 3, no. 1 (June 18, 2015): 4. http://dx.doi.org/10.20896/saci.v3i1.135.
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In postcolonial India, narratives about Muslim women have revolved around tropes, such as tin talaq (divorce), purdah (veil), polygamy and Islam. These have always played a significant role to shape their homogenised identity: an existence of oppression and subordination. However, the paper will try to argue that the marginalisation of Muslim women is not only structural but also discursive (popular as well as religious), which produce them as ‘victims’ and ‘voiceless others’. The paper will also try to argue that Muslim women have already been discursively produced as incapable of progressive thinking, and waging struggle against their subordination. Therefore, the paper shall make an attempt to examine the impact of popular as well as Islamic discourses in shaping the identity of Muslim women in India, and locate those alternative spaces, where Muslim women can challenge their homogenised existence as a category as well as dominant discourses on their victimhood.
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Faye, Abhijeet, Gurvinder Kalra, Alka Subramanyam, Henal Shah, Ravindra Kamath, and Abhijit Pakhare. "Study of marital adjustment, mechanisms of coping and psychopathology in couples seeking divorce in India." Sexual and Relationship Therapy 28, no. 3 (August 2013): 257–69. http://dx.doi.org/10.1080/14681994.2013.772576.
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Mas’ud, Muhamad, and Fadllurrrohman Fadllurrrohman. "Sheek Yusuf Al-Makassari's Thoughts on Implementation of Islamic Law Through India." Eduvest - Journal of Universal Studies 2, no. 9 (September 20, 2022): 1881–93. http://dx.doi.org/10.36418/eduvest.v2i9.602.
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This research is a case study on the thoughts of Sheikh Yusuf al-Makasari. This study aims to analyze the thoughts of Sheikh Yusuf al-Makasari about the application of Islamic law and its application through the judicial institutions of the Dutch East Indies colonial period. This study uses qualitative methods which include library research studies, namely reviewing literature related to Sheikh Yusuf and studies relevant to Sheikh Yusuf. The results of this study are that Sheikh Yusuf's accommodationist attitude vis-a-vis the Netherlands is solely in order to prevent political disturbances and disturbances that harm society and maintain the continuity of Islamic law as desired in the political understanding of the Ahl al-Sunnah wa al-Jama'ah; In his efforts to implement Islamic law effectively in the archipelago, this Betawi cleric has also succeeded in compiling Islamic family law materials (marriage, divorce, and inheritance).
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Subramanian, Narendra. "Legal Change and Gender Inequality: Changes in Muslim Family Law in India." Law & Social Inquiry 33, no. 03 (2008): 631–72. http://dx.doi.org/10.1111/j.1747-4469.2008.00117.x.
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Group-specific family laws are said to provide women fewer rights and impede policy change. India's family law systems specific to religious groups underwent important gender-equalizing changes over the last generation. The changes in the laws of the religious minorities were unexpected, as conservative elites had considerable indirect influence over these laws. Policy elites changed minority law only if they found credible justification for change in group laws, group norms, and group initiatives, not only in constitutional rights and transnational human rights law. Muslim alimony and divorce laws were changed on this basis, giving women more rights without abandoning cultural accommodation. Legal mobilization and the outlook of policy makers—specifically their approach to regulating family life, their understanding of group norms, and their normative vision of family life—shaped the major changes in Indian Muslim law. More gender-equalizing legal changes are possible based on the same sources.
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Taylor, Nicola, Robyn Fitzgerald, Tamar Morag, Asha Bajpai, and Anne Graham. "International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce." International Journal of Children’s Rights 20, no. 4 (2012): 645–73. http://dx.doi.org/10.1163/15718182-55680006.
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This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing international commitment to enhancing children’s participation in family law decision-making, but depict a wide variety of approaches being used to achieve this. Case studies from Australia, India, Israel and New Zealand are included to illustrate differing models of children’s participation currently in use in decision-making processes following parental separation.
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Nath, Sushmita. "Secularism in Crisis." Studies in Religion/Sciences Religieuses 45, no. 4 (October 13, 2016): 520–41. http://dx.doi.org/10.1177/0008429816655573.
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In academic writings on multiculturalism in India the “ Shah Bano controversy” (1985–1986) has been a much cited example of the incompatibility between gender equality and cultural diversity. As a response to the Supreme Court’s Shah Bano verdict in 1985, the then Congress-led Indian government introduced the Muslim Women (Protection of Rights on Divorce) Act, 1986. In this article, I analyze the parliamentary debates on the aforementioned Act in order to examine the dominant normative vocabulary of the Indian state in debating the issue of religious freedom versus demands for democratic citizenship rights. Such an exercise sheds light on how the Indian state has reconciled group-differentiated rights – the legal recognition of Muslim Personal Law in this case – with the liberal democratic principles enshrined in the Constitution of India. The analysis of the parliamentary debates on the Muslim Women’s Bill shows, firstly, that when purportedly incommensurable demands of gender-justice and religious freedom come to an elected deliberative forum, it is not necessary that such demands are resolved through “consensus” or through “negotiation and compromise,” as has been argued by multicultural theorists. Secondly, the analysis of the parliamentary debates also demonstrates that while the proponents of the Bill prioritized group rights at the expense of individual rights, the opponents neglected the concern that vulnerable minority groups should be accorded differential treatment. I thus contend that both the proponents and the opponents of the Muslim Women’s Bill in the Parliament argued in terms of formal equality and lacked arguments based on substantive equality. Finally, I argue that although the Congress government prioritized group rights in the parliamentary debates, it did not give up the ideal of a common civil code, such that the government left the question of accommodating gender-equality concerns unresolved. It was thus left to the judiciary to determine whether to further entrench legal pluralism in the family law of India.
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Subramanian, Narendra. "Islamic Norms, Common Law, and Legal Reasoning: Muslim Personal Law and the Economic Consequences of Divorce in India." Islamic Law and Society 24, no. 3 (June 9, 2017): 254–86. http://dx.doi.org/10.1163/15685195-00243p03.
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Two major judgments of the Indian Supreme Court that awarded Muslim women alimony had very different consequences: Shah Bano (1985) evoked extensive conservative Muslim protest that led to legislation meant to limit alimony among Muslims, while Danial Latifi (2001) faced no overt opposition and was not overturned. These consequences were related to the sources and modes of reasoning used. Shah Bano independently interpreted Qurʾanic verses, suggested that commonly applicable laws may override religious law provisions, and called for uniform family laws. Danial Latifi relied solely on statutes of Indian Muslim law and Islamic norms. It thus followed the Indian state’s usual approach to personal law, which is sensitive to public preference that family life should be regulated according to religious and other cultural norms. However, public opinion provided support to change Muslim law earlier than the 1970s. More extensive changes could be introduced over the next decade in Muslim law based on Islamic norms and Muslim opinion.
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Starikova, Maria. "Triple talaq in India: in favour or against? (on the protection of muslim women's rights during divorce)." Азия и Африка сегодня, no. 8 (2018): 73–77. http://dx.doi.org/10.31857/s032150750000510-3.
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Nair, Lekshmi V. "Suicide in Kerala, India A Critical Analysis." JOURNAL OF SOCIAL SCIENCE RESEARCH 1, no. 3 (July 30, 2013): 79–90. http://dx.doi.org/10.24297/jssr.v1i3.6672.
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In India, the state of Kerala is considered as Gods own country. This Southern most state of India was cited by Amartya Sen as the model of Development, which shines in various aspects like literacy, secularism, technological pursuits, life expectancy and political upsurge. At the same time it bears impediments with respect to unemployment among educated youth, alcoholism, divorce and family breakdown. Despite these, another factor that can be added to the dread list is the spiralling suicide rate. The latest figures from the National Crime Records Bureau show that 8,431 people killed themselves during 2010; the State accounted for 6.2 per cent of the total number of suicides in the country. The NCRB data also showed that the national average suicide rate was 11.2 per lakh population during 2010, which was marginally lower than 11.4 per lakh population during 2009 (NCRB Report 2010). Though Keralas per centage share has come down, there has been an increase in the rate of suicide from 24.6 per lakh population in 2009 to 25.3 per lakh population in 2010 which is two times higher than national average; which means one suicide per hour. In fact, 2010 has had the dubious distinction of having witnessed the highest number of suicides in the last five years (NCRB reports 2010). Police sources add that 36 cases of suicide have already registered in the first two months of the current year. For each completed suicide there are 20 times more suicidal attempts. Each suicide, on an average leaves 20 times more people in severe distress (NCRB 2011). Maithri, an NGO in Kerala says that around 100 people attempt suicide every day in Kerala, of whom 25 are successful. More men kill themselves than women, the ratio being 7:3 and 80 per cent of the suicides are by those in the 15 to 59 age group.
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Dwivedi, Anil. "Maintenance of Hindu Women." ANVESHA-A Multidisciplinary E-Journal for all Researches 3, no. 1 (2022): 10–17. http://dx.doi.org/10.55183/amjr.2022.vo3.lsi.01.003.
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The main reason behind the concept of Maintenance is to see that if one of the spouses is not independent financially so the other spouse help him/her in order to make the living of another person possible. In case of divorce or in the case where both the partners are not living together, the spouse who is financially dependent on the other spouse can seek the remedy of maintenance. So that she/he can maintain their life as when they lived together. Generally, Maintenance is the amount which the husband pays to his wife after divorce or the amount which the family member of the husband pays to the widow of their son. Maintenance includes basic necessities like: Food, Shelter, Clothing etc. The necessary thinks and comfort which a rational man expected to get. The maintenance is given by the person on whom the other person depends on. The amount of the maintenance is dependent on the earning of the person and the necessities which other person required and the necessities which a rational man needs to live a normal life. In ancient period of India the woman was superior than the man. She had a right to do work for their families and have also freedom for their decision, education and as well as in their religion also.
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Gadgil, Pranjali V., Shona Milon Nag, Anupama Dutt Mane, Rebecca DeSouza, Rama Sivaram, and Sudeep Gupta. "Breast cancer survivorship in urban India." Journal of Clinical Oncology 33, no. 28_suppl (October 1, 2015): 108. http://dx.doi.org/10.1200/jco.2015.33.28_suppl.108.
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108 Background: With increasing breast cancer burden, there is need for survivorship programs in developing countries. The Indian Breast Cancer Survivors Conference is a unique initiative, to address this need in urban India. A survey of participants at this meet was conducted to aid planning of future events. Methods: Participants filled a 3-page bilingual questionnaire. Data gathered included demographics, education, treatment and side effects, health behaviors, and social impact of diagnosis. Results: Demographic: 205 breast cancer survivors registered from 5 cities. 190 participated in the study. Mean age was 51.5 years (27-79). 61.6 % reported having one or more college degrees and 86.5% were married. Diagnosis and Treatment: Mean age at diagnosis was 47.5 yrs (22-72). Median time from diagnosis was 36 m (3m-19 yrs). Mastectomy was reported as the surgical treatment by 52.1% (6% reconstruction), 72.9 % reported lymph node removal and 10.8% could not specify surgical details. 90% received chemotherapy; 76.8% underwent radiation (97.3% in lumpectomy pts); 61% took endocrine therapy and 5.1 % interrupted it before 5 years. Side Effects:Arthralgia (64%) and anxiety (60.9%) were most frequent self- reported problems followed by surgical site pain (56.1%), depression (53.9%), cognitive deficits (52.2%), skin/ hair/ nail problems (48.2%), hot flashes (48.2%), arm swelling (48.2%) and vaginal dryness (38.2%). Social Impact:Survivors whowere married or in a relationship described their relationship as stronger after diagnosis in 57.8%, unchanged in 37.4% and weaker in 4.7%. Two were married after diagnosis and none reported separation or divorce. Health Behaviors: Regular surveillance visits were reported by 93.3 % (168/180) of participants (65 with their medical oncologist, 50 with surgeon, 23 with both) 5.5% had not seen their oncologist in 2 years. Alternative medical treatment was used by 29.1% (53/182); 26 used Ayurvedic, 13 homeopathic and 14 other. This was discussed with an oncologist by 62.3%. Regular exercise at least 3 times/week was reported by 73.7% and walking (88.8%) or yoga (22.2%) were preferred. Conclusions: The presented data highlights aspects of breast cancer survivorship in urban Indian women that can be used to plan survivorship programs in future.
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Kumari, Navedita, and Anupam Pathak. "EFFECT OF YOGA ON STRESS: A REVIEW." International Journal of Research in Ayurveda and Pharmacy 12, no. 5 (October 15, 2021): 90–92. http://dx.doi.org/10.7897/2277-4343.1205152.
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Modern life is full of hassles, deadlines, frustrations and demands. For many people, stress is so commonplace that it has become a way of life. Stress is not always bad; stress is a natural human response to the press when faced with challenging and sometimes dangerous situations. Stress is your body’s response to changes in your life. Because life involves constant change ranging from every day, routine changes like commuting from home to work to adapt to major life changes like marriage, divorce, or death of a loved one—there is no avoiding stress. It is a subjective and unpleasant feeling of distress. Every one of us irrespective of our age, sex, education, occupation, socioeconomic status, whether living in rural or urban areas face stress. Yoga is an ancient science, which originated in India and many studies have found that yoga and pranayama can be practised to manage and combat stress. Yoga is a form of exercise which is about 5000 years old and originated in India. The word yoga is derived from “Yuj” which means union or joining. It is a dynamic expression of life in terms of how joyful, loving and enthusiastic you are.
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Monani, Devaki, and Felicity Gerry QC. "Death and the Dowry System: India’s Women and Female Children at Global Risk of Gendercide Over Money." Issues in Legal Scholarship 15, no. 1 (January 1, 2017): 1–13. http://dx.doi.org/10.1515/ils-2016-0251.
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AbstractIncreasing globalization means that some actions or events transcend national boundaries and often require harmonization of responses. This is increasingly apparent in the context of violence against women and girls as movement of people and culture creates new challenges. News of accusations of dowry harassment against actress Smita Bansal caused a sensation in December 2015. The allegations arose during her brother’s divorce in London. It was suggested that her family had taken away jewelry and money from her sister-in-law during marriage to her brother. The allegations were refuted. True or otherwise, the issue of dowry has been catapulted onto the world stage. Whilst the demanding and giving of dowry has been effectively illegal in India since 1961 (The Dowry prohibition Act, 1961), the practice continues and has been exported globally with migration. No similar provisions appear outside India to protect extra territorial dowry demands or harassment. Research is scant but news reports suggest that women are burned, poisoned, beaten and forced to commit suicide. Female children suffer infanticide and foeticide when dowry is unpaid or deemed insufficient. This paper explores these issues.
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Datta, Biplab, Havilah Ravula, Elinita Pollard, and Shafiun Shimul. "Marital Disruption and Disparity in Tobacco Use in Reproductive-Aged Women: Evidence from India." Women 2, no. 4 (November 11, 2022): 371–84. http://dx.doi.org/10.3390/women2040034.
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Marital disruption defined as widowhood, divorce, or separation, has adverse consequences for women’s health and wellbeing. Extant evidence, however, is primarily available for older women or in developed country settings. Consequences of marital disruption for younger women in the developing countries is relatively less visited. The aim of this cross-sectional study is to assess whether maritally disrupted women of reproductive age (18–49 years) had differential risk of tobacco-use compared to their married counterparts. Using nationally representative data from India, we estimated multivariable logistic regressions to obtain the odds in favor of tobacco-use for maritally disrupted women. We found that compared to women remained in marriage, maritally disrupted women were 1.5 times (95% CI: 1.4–1.6) more likely to consume tobacco. The higher risk of tobacco-use of maritally disrupted women was evident in both younger (age 18–34) and older (age 35–49) cohorts. The results were robust across urban and rural areas, high- and low- education groups, and poor- and non-poor households. The higher odds of tobacco-use among maritally disrupted women persisted even after accounting for household fixed effects. The study findings thus, have implications for strengthening targeted tobacco control policies and health promotion among maritally disrupted women in low-and-middle income countries.
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Mandel, Sarah. "From London to Bombay: Judicial Comparisons between Parsis and Jews, 1702–1865*." English Historical Review 135, no. 572 (February 2020): 63–93. http://dx.doi.org/10.1093/ehr/cez438.
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Abstract As England extended its authority over Bombay, Calcutta and other localities in early imperial India, law served as a medium of transfer between metropole and colony and English judges faced complex questions about the law’s relationship with its non-Christian subjects. While Hindus and Muslims were provided with authorised religious advisors at the English courts in India, Parsis remained officially excluded as a minority religious group. Judicial creativity, when faced with questions of Parsi marriage, divorce, child custody and conversion, was limited by judges’ ‘available conceptual resources’. Cases involving Jews in England from the eighteenth century proved to be uniquely relevant, as they rehearsed the fundamental challenges involved in the interaction of the Anglican establishment with non-Christian subjects. The common legal paradigm of Jews and Parsis was further manifested in the unconscious framing of outsiders in the courtroom using the metaphor of a ‘body of people’. This phrase, which appears only twenty times in the corpus of English Law Reports, reflects the physicalisation or personification of a society of individuals with a shared history, values, and political and legal framework. It expresses a judicial conception of them as distinct and unified, with the corollary negative associations of being threatening and potentially subversive. Despite their strong mercantile ties to the colonisers, Parsis thus served as the ‘Jews’ of India in the sense that they helped define and secure the majority by contradistinction, and their separateness was reinforced both explicitly and implicitly in legal encounters.
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N. Kulkarni, Madhukar. "Social Work Practices in Human Resource Management." Ushus - Journal of Business Management 5, no. 1 (January 10, 2005): 21–38. http://dx.doi.org/10.12725/ujbm.7.3.
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Social Impact : The social structure in India, under the onslaught of the globalization is crumbling yielding place to individualism, materialism and consumerism. The joint family system is almost a thing of past, replaced by the nuclear family. Growing literacy of women, women entering into employment market for, career and to support the family in these days of higher cost of living has created the need for and existence of double income families. Increasing consumerism has changed the value systems and home/social environment where, 'I, 'me' and 'myself' is becoming a new personal agenda and slogan. No one have time for the other. Higher competition has brought in growing insecurity and fast paced life. Increased working hours and materialistic life style has spurred emotional disconnect, bringing to centre stage emotional trauma, despair and helplessness. Atrocities on women are increasing, women is being comodified, crime rate is growing and mental health of the society is under severe threat. The divorce and suicide rates are growing and the society is becoming internally hollow in the midst of material surplus. India is going from one extreme of social security under socialistic philosophy to the other extreme social insecurity under the capitalism oriented globalized environment.
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Tschalaer, Mengia Hong. "Competing Model–Nikahnamas: Muslim Women’s Spaces within the Legal Landscape in Lucknow1." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 3 (December 1, 2015): 65–80. http://dx.doi.org/10.7146/nnjlsr.v0i3.111106.
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This paper delineates the growing women’s spaces within the legally pluralistic landscape of postcolonial India. Based on empirical data gathered in the city of Lucknow, Northern India, it explores the ways in which (i) Muslim women’s activists seek to carve out space for the creation of gender-just laws within a religious framework, and (ii) how within these women’s legal spaces, orthodox demarcations between secular and religious practice and legal authority become blurred. At the centre of my analysis are two women-friendly versions of the nikahnama (marriage contract), which stipulate conjugal rights and duties as well as conditions of divorce and financial support. This paper will contextualise and analyse these counter-hegemonic voices that address matrimonial rights - brought forth by two ideologically different Muslim women’s organisations in Lucknow. In so doing, this paper challenges simplified modernist accounts that depict secular conceptions of state law as incompatible with non-state religious law and norms. Conversely, this paper will demonstrate that current attempts by Muslim women’s rights activists to formulate gender-justice within the domestic sphere in fact, contribute to an emerging legal landscape of interlegality (Santos 1987/2002) - a field characterised by legal entanglements rather than parallel systems of law and morals.
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Monteiro, Pearl. "Misogyny: Are Personal Laws Androcentric?" ULP Law Review 15, no. 1 (October 25, 2021): 79–94. http://dx.doi.org/10.46294/ulplr-rdulp.v15i1.7942.
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The age-old prejudice of misogyny is still retained in insidious form even in legislations. There are numerous international conventions, as well as Constitutional provisions which claim to set man and woman on an equal plane. In India, one legislative sphere which prima facie appears to perpetuate the gender divide are the personal laws. In India, except for the State of Goa, personal matters are determined on the basis of religion. Different religions follow different laws, but what is common to them all, is the secondary position accorded to women. This paper discusses the international provisions dealing with equal human rights such as, Charter of the United Nations, 1945, The Universal Declaration of Human Rights,1948, International Covenant on Civil and Political Rights, 1966, International Covenant on Economic, Social and Cultural Rights, 1966 and The Convention on the Elimination of All Forms of Discrimination against Women. The paper elaborates on the Constitutional provisions providing for equality as well investigates whether the personal law provisions applicable to the Hindu, Muslim, and Christian women dealing with marriage, divorce, guardianship, and inheritance are discriminatory and misogynistic in nature. The paper studies the laws from date of enactment till the present day. The method of study is doctrinal. As a road map or suggestion, the analogous provisions of the Uniform Civil Code in Goa are highlighted. Judicial precedents are cited, suggestions are put forward.
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Ansari, Abdul Haseeb, and Kyaw Hla Win Md. Hassan Ahmed. "Legal and Social Viability of Polygamy: An Analysis." Journal of Islam in Asia (E-ISSN: 2289-8077) 8 (February 2, 2012): 397–414. http://dx.doi.org/10.31436/jia.v8i0.273.
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In Islam, a Muslim male is allowed to have up to four wives provided all wives are treaty equally and do not suffer from any kind of discrimination. The divine injunction of equal treatment is actually for protecting rights of the wives. It is for this reason that many Muslim countries have enacted laws for providing protection to wives. One of the notable legal principles is that a man, who has a wife, cannot marry with another female without permission of the first wife, and so on; or he can do so if allowed by the court of competent jurisdiction. Some other countries, like Tunisia, have banned polygamy. This, in effect, is denial to the right guaranteed in the Sharʑah to both Muslim males and females, as in certain circumstances polygamy brings happiness to the family. For example, if wife is suffering from some kind of contagious disease and the husband is deprived of fulfilling his sexual desire, in view of the ban, he will have to divorce his first wife in order to marry with some other female. In India, in such a situation, there are reports that the firs wife, who is already in agony of a disease, is either burned or divorced on the basis of mutual consent, which is generally based on duress or payment of inappropriate amount of money. This is violation of matrimonial rights guaranteed by the Sharʑah and constitutions of modern states. The paper discusses the human right aspect of polygamy referring to various religious positions and law in some Muslim countries. The paper concludes that polygamy should be allowed but law should be designed in such a way that the divine injunction of equal treatment of all wives is ensured.
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Deb, Sukanya, Soham Karmakar, and Soumyadeep Seth. "What Today's Student Think: A Comprehensive Psychological Study of Today's Education System." International Journal of English Learning & Teaching Skills 4, no. 1 (October 4, 2021): 2686–701. http://dx.doi.org/10.15864/ijelts.4104.
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Children are the future of the nation. They are, in fact, the foundation on which a strong, vibrant and dynamic India shall be built. To build a solid foundation for future India , especially within the zeitgeist of recent educational reforms, a change in the fundamental framework within which school mental health is conceptualized is needed. Focusing on student mental health has become just as essential in schools as teaching youth their current grade-level curriculum. School psychologists play a crucial role in this regard these professionals are responsible for supporting all students and making sure they thrive not only academically, but also behaviourally, emotionally, and socially. The goal of a school psychologist is to help individual students and entire school communities overcome any obstacles that are preventing or hindering learning. Students faces a lot of issues starting from depression to ADHD to dealing with excess stress. Young people are even facing so complex challenges that are difficult to navigate. Accordingly, students need guidance to help them navigate tough issues like bullying, divorce, anxiety, eating disorders, and abandonment. In this present scenario understanding students psychology is of utter importance. This paper discusses the importance of educational psychology to create safe and healthy learning environments for young people. We conducted a survey among some students to know what they changes they want in their education system . We want a education system where learning is fun instead of a burden.
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REDDING, JEFFREY A. "The Case of Ayesha, Muslim ‘Courts’, and the Rule of Law: Some ethnographic lessons for legal theory." Modern Asian Studies 48, no. 4 (February 13, 2014): 940–85. http://dx.doi.org/10.1017/s0026749x13000024.
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AbstractThis paper aims to challenge the disparagement of non-state Islamic systems of law that has established firm roots in contemporary rule of law ideology and practice around the world, from India to Ontario. In this respect, rule of law ideology has tended to ignore actual mechanics and procedures of law, not only in legal venues outside the state's direct control, but also in the state's courts themselves. With respect to non-state legal venues—and especially non-state Islamic legal venues—such ideology understands and describes the practices and procedures that it finds in these non-state venues as crude and underdeveloped at best, and illiberal and in violation of the rule of law at worst. While other scholarly work has vividly demonstrated the various transformations and mutations that any state's ‘ideal legal procedure’ experiences as it is put into real-world practice by a state's courts and judges, this paper makes a converse move. Using a case-study focused on the circumstances and experiences of an Indian Muslim woman, ‘Ayesha’, who recently used a Delhi dar ul qaza to exercise her Islamic divorce rights in India, this paper demonstrates how a non-state Islamic legal venue behaves in ways which are highly evocative of rule of law ideology's idealization of state courts and how they (should) operate procedurally. In doing so, this paper provides evidence for Partha Chatterjee's thesis as to how elite and subaltern domains—understood here to be embodied in both state and non-state legal venues, respectively—are products of ‘mutually conditioned historicities’. In this case, the focus is on the state's conditioning of the non-state. As a result, rule of law ideology's state-oriented critique of the (Islamic) non-state is mistaken because, as this paper demonstrates, the non-state is produced in conversation with the state; one cannot critique the one (non-state) domain without realizing how that critique implicates the other (state) domain.
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Maqsood, Dr Naila. "COLONIAL RULE AND MUSLIM WOMEN." Journal of Arts & Social Sciences (JASS) 9, no. 1 (June 30, 2022): 36–45. http://dx.doi.org/10.46662/jass.v9i1.210.
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Relevant to any attempt for amelioration of woman’s conditions was the history of Muslim people in general and that of Muslims in the Indo-Pak Subcontinent in particular. This paper highlights Muslim women’s struggle for their rights movements in British India. Their continuous struggle altered educational and political institutions, allowing them to emerge from seclusion and participate more actively in the nation's public life.
It is said that when women in the developed countries were agitating against their own male regarding their rights, a similar struggle had begun in the subcontinent where men started encouraging participation of women in education and politics, appreciated, and sometimes patronized it. The imperialists in India reversed the economic and social milieu. By strengthening system, British fortified the position of the feudal and tribal lords which not only contributed towards solidifying the struggle for Muslim Women’s Rights in the British India but also resulted in lowering the status of women. The British, on the other hand, did not believe it was necessary to extend their politics into all aspects of life. As a result, local laws continued to apply in family and personal matters like as marriage, guardianship, and inheritance, and the status quo between men and women was maintained. After a prolonged protests and struggle for women’s rights, the central legislature undertook legislation on issues relating to Muslim women such as child marriage, property rights, widow remarriage, divorce, etc. Muslim women had to resisted on the laws imposed by imperialists as most of it were the violation of their fundamental rights, and that they were mostly successful i.e., law of inheritance 1937. The paper shows that women's struggles for educational and political freedom had a significant impact in the British India Particularly in 1940s during Pakistan Movement. Everyone is aware of the social changes/developments that occurred at that time. However, few people acknowledge that women had a key role in bringing about these developments. It is hardly an exaggeration to say that women have achieved tremendous progress and have paved the way for more reforms in late nineteenth and early twentieth centuries.
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De, Rohit. "Mumtaz Bibi's broken heart." Indian Economic & Social History Review 46, no. 1 (January 2009): 105–30. http://dx.doi.org/10.1177/001946460804600106.
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This article investigates the formation of a political consensus between conservative ulama, Muslim reformers, nationalist politicians and women's organisations, which led to the enactment of the Dissolution of Muslim Marriages Act in 1939. The Act was a radical piece of social legislation that gave South Asian Muslim women greater rights for divorce than those enjoyed by other women in India and Britain. Instead of placing women's rights and Islamic law as opposed to each other, the legislation employed a heuristic that guaranteed women's rights by applying Islamic law, allowing Muslim politicians, ulama and women's groups to find common ground on an Islamic modernity. By interrogating the legislative process and the rhetorical positions employed to achieve this consensus, the paper hopes to map how the women's question was being negotiated anew in the space created in the legislatures. The legislative debate over family law redefined the boundaries of the public and the private, and forced nationalists to reconsider the ‘women's question’. The transformation of Islamic law through secular legislation also gave greater licence to the courts in their interpretation, and widened the schism between traditional practitioners of fiqh and modern lawyers.
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Ahmed, Sajjad, and Muhammad Shahbaz Manj. "U-2 The Juristic Decisions and Resolutions about Modern Islamic Finance and economics issued by Islamic Fiqh academy India." Al-Aijaz Research Journal of Islamic Studies & Humanities 4, no. 2 (November 23, 2020): 25–48. http://dx.doi.org/10.53575/u2.v4.02(20).25-48.
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According to the Quran and Sunnah, the Sharī‘ah ruling for the new incidents derived by the process of Ijtihad. From the Sharī‘ah sources, ijtihad is a prerequisite for the survival of Islam law in a modern world. It plays a crucial role in applying Shari‘ah to contemporary society. Ijtihad is categorized into two types as individually as well as collectively. In the era of globalization and specialization, the collective method of ijtihad is preferably required to be embraced. Collective Ijtihad is a practical mechanism for determining the Shari‘ah’s opinion on modern issues facing Muslim communities (ummah) on a multiplicity of current issues. It explores the practical framework of this kind of ijtihad and its application by discussing the Islamic Fiqh Academy (IFA) India that practice it. The main objective of IFA was to provide solutions through a collective effort of religious scholars to solve the contemporary legal and ethical problems Muslim societies faced. IFA was established in 1989 in Dehli, so far successfully brought together a large number of religious scholars (ʿulamāʾ) and collaborates with a global network of several Islamic institutions with similar objectives. In the seminars discuss all matters from the perspective of Islamic law in a bid to find acceptable solutions. As of 2017 IFA has conducted 27 seminars in different cities of India whereas addressed almost 135 crucial issues such as Islamic Business contracts, Islamic finance, economics, medical ethics, insurance, divorce given by a drunkard and given in the state of intense anger, interfaith relations, and dialogues collective issues have been discussed and its decisions are valued all over the world. By discussing the IBF, the objective is to high light the contemporary collective Ijtihād in Fiqh of finance in light of the guidelines provided by the Sharī‘ah.
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Dhaouadi, Mahmoud. "Searching for Solace." American Journal of Islam and Society 14, no. 1 (April 1, 1997): 118–20. http://dx.doi.org/10.35632/ajis.v14i1.2259.
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Searching for Solace consists of two parts, two appendixes, and a sectiondisplaying documents and photos of Yusuf Ali and those with whom he hadcontact.The author devotes the first part to A. Yusuf Ali's life and his service tothe British. He was born in 1872 in Surat, western India, into the Bohra mercantilecommunity, whose members trace their Muslim ancestry to the effonsof preachers sent by the FaJimid caliphs in Cairo. Ali was sent to Bombay forhis education. While there, he attended the new school of the Anjuman-e-Islamand, subsequently, a missionary school named after its founder, John Wilson.He was barely eight or nine years old when he left home. Classes were taughtin both Urdu and English. When he was fifteen, Ali left Wilson's school andentered its senior section, Wilson College, which was affiliated to the Universityof Bombay. Sherif thinks that Ali's education in the Anjuman schoolhelped him resist the cultural onslaught of the dominant British colonizer.Ali arrived in Britain in 1891 to study law at St. John College. He eventuallybecame one of its best students, which predisposed him to work in theIndian Civil Service (ICS), a much prized career. His first appointment, on 23January 1896, was assistant magistrate and collector in Saharanpur, India. Aftera few years in India, he returned to Britain in 1905 for a leave. While there, hemarried Teresa Mary Shalders. Sherif thinks that his marriage to an Englishwoman symbolizes Ali's desire to establish a bridge between India and the West.But this marriage ended in divorce in 1912 following his wife's an exttamaritalaffair. Their children were left in her custody. The affairs of his children are consideredto be one reason that pushed Ali to resign from ICS. But his loyalty tothe British empire remained sttong. When Britain declared war on Germany inAugust 1914, he reaffirmed his commitment: "I am prepared and shall bepleased to volunteer to temporary service, in any capacity in which I can be usefulon account of the War" (p. 32).Ali's strong commitment to the British was based on his belief that Indiacould learn a lot from Britain. But he also had a strong faith in Islam as a religionand civilization that could contribute much to the West. This should havebeen among the strong reasons that motivated him to ttanslate the Qur'an intoEnglish. His Interpretation of the Qur'an has made him famous among Muslimspeakers of English throughout the world. The author underlines a number offactors that helped Ali achieve this great work: "A troubled domestic life, ear ...