Rethinking Muslim Personal Law Issues Debates and Reforms 1st Edition by Hilal Ahmed, Mishra, Jehangir ISBN 0367721120 978-0367721121

Part I History and Law

1 Of Statutes and Scriptures: Diversity, Democracy, Personal Laws and Courts

I. Introduction: What Is Personal Law?

II. Customary Law and Personal Law

III. Islamic Laws and the Muslim Personal Law in India

IV. The Conundrum between Uniform Civil Code and Personal Laws

V. Issue of Fundamental Rights and View of the Court

VI. Sabrimala – Entry of Women in Temple

VII Conclusion

Notes

2 Muslim Personal Law from a Cross-national and Comparative Law Perspective

I. Introduction: Changing Demographic and Religious Landscapes in India and the Involvement of Islam and Muslims

II. The Global, Cross-national Picture

III. The Practical Usefulness of Legal Pluralism and Comparative Law

IV. The Kite Model of Law in Principle

V. The Practical Application of the Kite Model

VI. A Case Example

VII. Some Thoughts on the Kite Model and Muslim Personal Law

VIII. Key Findings and Conclusions

Notes

3 Decoding Uniform Civil Code (UCC): A Sociological Analysis

I. Introduction

II. Pluralism and Uncodified Personal Law among Muslims

III. Muslim Women and Gender Justice

IV. Postscript

Notes

4 Muslim Personal Law Reform and Human Rights

I. Introduction

II. Nature of Islamic Law and Practice

III. Polygamy

IV. Triple Talaq

V. Maintenance

VI. A Way Forward Reforms

VII. Conclusion

Notes

Part II Politics and Law

5 Muslim Personal Law and Triple Talaq: Claims, Counterclaims and the Media Discourse

I. Introduction

II. Women’s Movement and the UCC

III. MPL and TT: A Background

IV. Banning Triple Talaq: The Supporters’ Claims

V. Opponents of Triple Talaq Law and Their Claims

VI. Alternative Voices, Triple Talaq Law and the Question of Reform

Notes

6 Triple Talaq Bill and Reforming the Muslim Personal Law in India

I. Introduction: The Legal Discourse

II. Theological Discourse

Notes

7 Politics of Shariat in Postcolonial India

I. Introduction

II. What is Shariat, Historically?

III. The Postcolonial Shariat

Notes

Part III Gender and Law

8 Challenging the Hegemonic Discourse: All India Muslim Women Personal Law Board and Gender Justice

I. Divergent Opinions and the Formation of the Board

II. Versatile Conformism

III. Challenging the Hegemony – AIMPWLB and AIMPLB

Notes

9 Gender Equality Should Guide the Process of Reforming Family Laws and Not National Integration

I. Introduction

II. The UCC Debate in the Constituent Assembly

III. BJP and the UCC

IV. Regional Diversity

V. Diversity within Religious Communities, Caste and Scheduled Tribes

Notes

Bibliography

Index