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Divorce and Remarriage Among Muslims in India

Author: Imtiaz Ahmad

Publisher:

Published: 2003

Total Pages: 448

ISBN-13:

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Divorce is usually studied in terms of two distinct perspectives. One focuses on the procedure laid down for giving the seal of final authority to a divorce. The other explores the processes that are set in motion once the stability of a marriage is threatened. The latter perspective does not see divorce in isolation but treats it in the wider context of social structure. When divorce in Muslim communities is discussed, the tendency quite often is to place theology and law at the centre. This book recognizes that divorce in Muslim communities entails substantial theological and legal dimensions, but takes as its point of departure the view that it is only by placing divorce in the social and cultural context that meaningful conclusions can be arrived at. It examines, in the light of empirical evidence, the incidence of divorce and separation, the social and other causes due to which divorce and separation takes place, and the position of divorced women in society as well as their prospects of remarriage. In the process substantial methodological and theoretical questions relevant to the study of divorce as a social phenomenon are raised. The book has an immediate practical aim as well. Muslim law of divorce, particularly the provision of triple divorce, which vests a unilateral right in the husband to pronounce a summary divorce upon his wife, has been the subject of considerable controversy. Essentially, the papers brought together in this book are sociological analyses of divorce and remarriage among Muslims in India and the data thrown up as part of these analyses should clear some points in the controversy.

Book Synopsis Divorce and Remarriage Among Muslims in India by : Imtiaz Ahmad

Download or read book Divorce and Remarriage Among Muslims in India written by Imtiaz Ahmad and published by . This book was released on 2003 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divorce is usually studied in terms of two distinct perspectives. One focuses on the procedure laid down for giving the seal of final authority to a divorce. The other explores the processes that are set in motion once the stability of a marriage is threatened. The latter perspective does not see divorce in isolation but treats it in the wider context of social structure. When divorce in Muslim communities is discussed, the tendency quite often is to place theology and law at the centre. This book recognizes that divorce in Muslim communities entails substantial theological and legal dimensions, but takes as its point of departure the view that it is only by placing divorce in the social and cultural context that meaningful conclusions can be arrived at. It examines, in the light of empirical evidence, the incidence of divorce and separation, the social and other causes due to which divorce and separation takes place, and the position of divorced women in society as well as their prospects of remarriage. In the process substantial methodological and theoretical questions relevant to the study of divorce as a social phenomenon are raised. The book has an immediate practical aim as well. Muslim law of divorce, particularly the provision of triple divorce, which vests a unilateral right in the husband to pronounce a summary divorce upon his wife, has been the subject of considerable controversy. Essentially, the papers brought together in this book are sociological analyses of divorce and remarriage among Muslims in India and the data thrown up as part of these analyses should clear some points in the controversy.

Divorcing Traditions

Author: Katherine Lemons

Publisher: Cornell University Press

Published: 2019-03-15

Total Pages: 245

ISBN-13: 1501734792

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Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions—NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"—Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.

Book Synopsis Divorcing Traditions by : Katherine Lemons

Download or read book Divorcing Traditions written by Katherine Lemons and published by Cornell University Press. This book was released on 2019-03-15 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions—NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"—Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.

Family, Kinship, and Marriage Among Muslims in India

Author: Imtiaz Ahmad

Publisher: New Delhi : Manohar Book Service

Published: 1976

Total Pages: 410

ISBN-13:

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Monographic compilation of papers on marriage, clan and family social structure in islamic communitys of India - covers household structure, divorce, ownership rights, engagement customs, kinship ties, social class obligations, etc. Bibliography after each essay.

Book Synopsis Family, Kinship, and Marriage Among Muslims in India by : Imtiaz Ahmad

Download or read book Family, Kinship, and Marriage Among Muslims in India written by Imtiaz Ahmad and published by New Delhi : Manohar Book Service. This book was released on 1976 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monographic compilation of papers on marriage, clan and family social structure in islamic communitys of India - covers household structure, divorce, ownership rights, engagement customs, kinship ties, social class obligations, etc. Bibliography after each essay.

Conversion to Islam

Author: Nuraisyah Chua Abdullah

Publisher:

Published: 2004

Total Pages: 212

ISBN-13:

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Book Synopsis Conversion to Islam by : Nuraisyah Chua Abdullah

Download or read book Conversion to Islam written by Nuraisyah Chua Abdullah and published by . This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Redefining Family Law in India

Author: Archana Parashar

Publisher: Taylor & Francis

Published: 2020-11-29

Total Pages: 349

ISBN-13: 1000083918

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This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public–private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.

Book Synopsis Redefining Family Law in India by : Archana Parashar

Download or read book Redefining Family Law in India written by Archana Parashar and published by Taylor & Francis. This book was released on 2020-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public–private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.

Indian Muslim(s) after Liberalization

Author: Maidul Islam

Publisher: Oxford University Press

Published: 2018-12-13

Total Pages: 241

ISBN-13: 0199097186

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Close to the turn of the century and almost 45 years after Independence, India opened its doors to free-market liberalization. Although meant as the promise to a better economic tomorrow, three decades later, many feel betrayed by the economic changes ushered in by this new financial era. Here is a book that probes whether India’s economic reforms have aided the development of Indian Muslims who have historically been denied the fruits of economic development. Maidul Islam points out that in current political discourse, the ‘Muslim question’ in India is not articulated in terms of demands for equity. Instead, the political leadership camouflages real issues of backwardness, prejudice, and social exclusion with the rhetoric of identity and security. Historically informed, empirically grounded, and with robust analytical rigour, the book tries to explore connections between multiple forms of Muslim marginalization, the socio-economic realities facing the community, and the formation of modern Muslim identity in the country. At a time when post-liberalization economic policies have created economic inequality and joblessness for significant sections of the population including Muslims, the book proposes working towards a radical democratic deepening in India.

Book Synopsis Indian Muslim(s) after Liberalization by : Maidul Islam

Download or read book Indian Muslim(s) after Liberalization written by Maidul Islam and published by Oxford University Press. This book was released on 2018-12-13 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Close to the turn of the century and almost 45 years after Independence, India opened its doors to free-market liberalization. Although meant as the promise to a better economic tomorrow, three decades later, many feel betrayed by the economic changes ushered in by this new financial era. Here is a book that probes whether India’s economic reforms have aided the development of Indian Muslims who have historically been denied the fruits of economic development. Maidul Islam points out that in current political discourse, the ‘Muslim question’ in India is not articulated in terms of demands for equity. Instead, the political leadership camouflages real issues of backwardness, prejudice, and social exclusion with the rhetoric of identity and security. Historically informed, empirically grounded, and with robust analytical rigour, the book tries to explore connections between multiple forms of Muslim marginalization, the socio-economic realities facing the community, and the formation of modern Muslim identity in the country. At a time when post-liberalization economic policies have created economic inequality and joblessness for significant sections of the population including Muslims, the book proposes working towards a radical democratic deepening in India.

The Diversity of Muslim Women's Lives in India

Author: Zoya Hasan

Publisher: Rutgers University Press

Published: 2005

Total Pages: 372

ISBN-13: 9780813537030

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In order to broaden the lens through which Muslim women are typically seen, a group of researchers in India carried out a large and unprecedented study of one of the most disadvantaged sections of Indian society. The editors of The Diversity of Muslim Women's Lives in India bring together this research in a comprehensive collection of informative and revealing case studies.

Book Synopsis The Diversity of Muslim Women's Lives in India by : Zoya Hasan

Download or read book The Diversity of Muslim Women's Lives in India written by Zoya Hasan and published by Rutgers University Press. This book was released on 2005 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to broaden the lens through which Muslim women are typically seen, a group of researchers in India carried out a large and unprecedented study of one of the most disadvantaged sections of Indian society. The editors of The Diversity of Muslim Women's Lives in India bring together this research in a comprehensive collection of informative and revealing case studies.

Adjudication in Religious Family Laws

Author: Gopika Solanki

Publisher: Cambridge University Press

Published: 2011-04-25

Total Pages: 439

ISBN-13: 1139499270

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This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.

Book Synopsis Adjudication in Religious Family Laws by : Gopika Solanki

Download or read book Adjudication in Religious Family Laws written by Gopika Solanki and published by Cambridge University Press. This book was released on 2011-04-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.