Round-up on Triple Ṭalāq

SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India)  In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim … Continue reading Round-up on Triple Ṭalāq

In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision and outlines considerations the legislature should address. "According to media reports, triple ṭalāq (instant, irrevocable divorce initiated by a husband in some versions of Islamic law) epitomizes … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

The Transformation of Anglo-Muhammadan Law: Muslims on British Benches

On April 25th, SHARIAsource Fellow, Dr. Sohaira Siddiqui, at the Islamic Legal Studies Program used the 1881 case of Fidayat ul-Nissa and others  v. Muhammad Ismail Khan (India) to frame her discussion of the creation of Anglo-Muhammadan law. Like the other five cases that she has researched during her fellowship this year, this case  demonstrates the complexity of … Continue reading The Transformation of Anglo-Muhammadan Law: Muslims on British Benches

Shah Waliullah Dehlavi and His Neglected Views on Islamic Law

  Islamic Legal Studies Program SHARIAsource / Fulbright Fellow Dr. Mubasher Hussain introduced the work of Shah Waliullah Dehlavi to the Harvard community on 17 April 2017. Hussain discussed Shah Waliullah often-overlooked thoughts on Islamic jurisprudence, focusing on the ways in which he differentiated between scholars of Islamic law labeled “first rank independent muftis” and … Continue reading Shah Waliullah Dehlavi and His Neglected Views on Islamic Law

Women’s Right to Divorce under Islamic Law in Pakistan and India

Indian Muslim women's rights are once again manifesting as debates about talaq (divorce). Shayara Bano, who holds an advanced degree in sociology, petitioned the Indian Supreme Court last year to rule on the constitutionalism of triple-ṭalāq, in which a Muslim husband may divorce his wife by simply saying "ṭalāq" three times with our without her consent. After she suffered … Continue reading Women’s Right to Divorce under Islamic Law in Pakistan and India

The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

Islamic law is before the Supreme Court of India again, with the question of whether triple-ṭalāq is a valid way of dissolving a marriage: by a man simply pronouncing that his wife is divorced by saying that word three times. To understand where the Court might be going requires a bit of background. Following the … Continue reading The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India

South Asia editor Zubair Abbasi surveys the influence of England’s Privy Council – also known as the British Judicial Committee of the Privy Council – on awqāf (Islamic endowments, or trusts). As the highest court of appeal in the British Empire, "[t]he Privy Council contributed towards the development of several legal principles in Islamic endowment law," in attempts to standardize law throughout the colonies. Its jurisprudence in turn … Continue reading The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India

CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

Privacy in Islamic Law in the Modern State

Guest contributors Vidusha Mardi and Bhaira Acharya examine issues of privacy and the state in Islamic law with the baseline argument that privacy is the default rule in Islamic law and that the public sphere, into which the state may intrude, is the exception to this rule. As they put it, Islamic law recognizes that "every society [must] impose certain requirements … Continue reading Privacy in Islamic Law in the Modern State