Full Description
Muslim family law is based on patriarchal family organization and male privileges, leading to legal and social discrimination against women, which is incompatible with contemporary notions of gender equality and social justice. By giving a liberal and pro-active interpretation to this law within the Islamic framework, the South Asian judiciary has shown that it is possible to adapt it to the needs of a forward-looking Muslim society. The book examines the extent towhich judicial interpretation has liberalized this law, enlarged the dimensions of Muslim women's rights and contributed to secure gender equality and social justice to them. The book also argues that in the absence of legislation reflecting the ijma or consensus of the Muslim community, judicialactivism is the only alternative agent of social change.
Contents
1. Introduction ; 2. Muslim Family Law, Colonial Courts and Muslim Women ; 3. Muslim Family Law in India since 1947 ; 4. Muslim Family Law in Pakistan since 1947 ; 5. Muslim Family Law, Judicial Interpretation and Muslim Women's Legal Rights in Bangladesh ; 6. Conclusion
