Full Description
Muslim law is an integral part of the South Asian legal system, and case law plays a major role in its interpretation, application, and development. Through a selection of principal judicial decisions and significant fact situations from pre- and post-independent India, Pakistan, and Bangladesh, this volume provides an easy access to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.
The cases discussed cover such diverse areas as sources and interpretation of law, institution of marriage, polygamous marriages, dower, restitution of conjugal rights, talaq, khula, irreconcilable breakdown of marriage, legitimacy, guardianship, and maintenance of wives and divorced wives. Among the important legislations, it covers Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, and Muslim Women Act 1986.
The book also shows how religion-based rules of personal law have been interpreted by secular courts during certain epochs in history and how the trend of interpretation has changed over the last 150 years.
Contents
List of Abbreviations ; Table of Cases ; Table of Statute ; Preface ; Part I: Case Summary and Commentary ; Section 1: Colonial India ; Section II: India ; Section III: Pakistan ; Section IV: Bangladesh ; Part II: Text of Cases ; Section 1: Colonial India ; Section II: India ; Section IV: Bangladesh ; A Comparative Survey of Muslim Personal Law in South Asian Countries ; Glossary ; Select Bibliography ; Index ; About the Author
