REFLECTIONS ON RELIGIOUS DIFFERENCE AND PERMISSIVE INCLUSION IN MUGHAL LAW

@article{Chatterjee2014REFLECTIONSOR,
  title={REFLECTIONS ON RELIGIOUS DIFFERENCE AND PERMISSIVE INCLUSION IN MUGHAL LAW},
  author={Nandini Chatterjee},
  journal={Journal of Law and Religion},
  year={2014},
  volume={29},
  pages={396 - 415}
}
  • N. Chatterjee
  • Published 1 October 2014
  • History, Law
  • Journal of Law and Religion
Abstract This article investigates the “pre-history” of the colonial and postcolonial personal (status) laws of India, which tie religious identity with legal status, particularly in matters of family law. It examines the concept of law and legal jurisdictions in Mughal India (1526-early eighteenth century; officially 1857): a unique political formation in which an Islamic state ruled over a populace which was predominantly non-Muslim. Using Mughal official orders, Persian-language legal… 
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References

SHOWING 1-10 OF 42 REFERENCES
Sacred laws and the secular state: An analytical narrative of the controversy over personal laws in India
India's personal laws, covering matrimonial matters, guardianship, adoption, succession, and religious institutions, have long been a source of political controversy. The 'modern, secular, and
Mumtaz Bibi's broken heart
This article investigates the formation of a political consensus between conservative ulama, Muslim reformers, nationalist politicians and women's organisations, which led to the enactment of the
Law, custom, and statutory social reform: the Hindu Widows' Remarriage Act of 1856
When the British assumed judicial responsibility in India, there were several diverse systems of law existing. Not only were there literary traditions of Hanafi and Ithna Ashari Muslim Law and the
Together but separate: How Muslim scholars conceived of religious plurality in South Asia in the seventeenth century
  • Mouez Khalfoui
  • History
    Bulletin of the School of Oriental and African Studies
  • 2011
Abstract The Al-Fatāwā al-Hindiyya Al-ʿĀlamjīriyya is a compendium of Islamic Ḥanafi law. It was written in South Asia during the second half of the seventeenth century with the goal of filling the
Framed, Blamed and Renamed: The Recasting of Islamic Jurisprudence in Colonial South Asia
A system should be formed, which shall preserve as much as possible can be done, their institutions and laws to the natives of Hindoostan, and attemper them with the mild spirit of British
Legal logic and equity in Islamic law
Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself. The very term fickh, 'knowledge', shows that early Islam
Conjugality and Capital: Gender, Families, and Property under Colonial Law in India
Writing to the government of Madras, P. C. Tyagaraja Iyer, a judge in the southern Indian town of Chittoor, argued against legislation granting property rights to women. Rejecting the notion that
The Press in India: The Shah Bano Judgment and Its Aftermath
The judgment of the Supreme Court in the Shah Bano case opens with the words: "This appeal does not involve any question of constitutional importance."1I Little did the Supreme Court perhaps realize
A post-colonial patriarchy? Representing family in the Indian nation-state
Abstract That the transition to self-governance under a nation-state has not been accompanied by the greater focus on Indian citizens’ welfare which many expected, has been the source of much
The Administration of Hindu Law by the British
  • J. Derrett
  • History
    Comparative Studies in Society and History
  • 1961
The British nation is proud of having administered justice to oriental peoples with impartiality and integrity, conscious of the Roman example. These qualities were thought to have been lacking
...
...