Click on a thumbnail to go to Google Books.
Loading... Muslim Family Law, Secular Courts and Muslim Women of South Asia (edition 2010)by Alamgir Muhammad Serajuddin
Work InformationMuslim Family Law, Secular Courts and Muslim Women of South Asia by Alamgir Muhammad Serajuddin
No tags None Loading...
Sign up for LibraryThing to find out whether you'll like this book. No current Talk conversations about this book. No reviews no reviews | add a review
The classical Shari'a law on family relations is based on patriarchal family organization and male privileges, leading to legal and social discrimination against women, which is incompatible with present-day notions of gender equality and social justice. The discrimination is especiallypronounced in such vital matters as marriage, divorce, maintenance, guardianship and custody of children and inheritance; and yet, these are the institutions which form the bed-rock of security and stability in family life. In view of the sensitiveness of the issue of family law reform, thelegislative and executive organs of the state are reluctant to address these discriminations. But the courts cannot refuse to adjudicate, when social justice issues are addressed to them; for, to deny relief is to nullify the judicial process and negate justice. In an admirable display ofscholarship and creativity, the South Asian judiciary has shown that, by giving a liberal and pro-active interpretation to the rules of Muslim family law, it is possible to adapt many of them to the needs of a modern society, from within the Islamic legal framework. The book examines the extent towhich the pro-active roles of the courts have liberalized these laws, enlarged the dimensions of women's rights and contributed to secure equality of rights and social justice to Muslim women. The book also deals with conservative opposition to judicial law making and locates further areas wherejudicial activism may be useful. As India, Pakistan and Bangladesh have inherited the same legal traditions, the book argues that they can share one another's post-colonial experiences. Furthermore, the book finds that in the absence of legislation reflecting the ijma or consensus of the Muslimcommunity, judicial activism is the only alternative agent of social change. No library descriptions found. |
Current DiscussionsNone
Google Books — Loading... GenresMelvil Decimal System (DDC)346.54015Social sciences Law Private Law Asia Indian SubcontinentLC ClassificationRatingAverage: No ratings.Is this you?Become a LibraryThing Author. |