Modern Indian Family Law

Modern Indian Family Law PDF Author: Werner Menski
Publisher: Routledge
ISBN: 1136839852
Category : Social Science
Languages : en
Pages : 448

View

Book Description
This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.

The Hindu Family and the Emergence of Modern India

The Hindu Family and the Emergence of Modern India PDF Author: Eleanor Newbigin
Publisher: Cambridge University Press
ISBN: 1107037832
Category : History
Languages : en
Pages : 277

View

Book Description
A study of how the development of representative politics in late-colonial India transformed notions of family, gender and religious community.

Redefining Family Law in India

Redefining Family Law in India PDF Author: Archana Parashar
Publisher: Taylor & Francis
ISBN: 1000083918
Category : Law
Languages : en
Pages : 420

View

Book Description
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.

Islamic Family Law

Islamic Family Law PDF Author: Chibli Mallat
Publisher: BRILL
ISBN: 9781853333019
Category : Architecture
Languages : en
Pages : 395

View

Book Description
Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.

Women and Family Law Reform in India

Women and Family Law Reform in India PDF Author: Archana Parashar
Publisher: SAGE Publishing India
ISBN: 9352808290
Category : Law
Languages : en
Pages : 348

View

Book Description
The Constitution of India guarantees equality as a fundamental right. This, however, remains only at the level of theory as the various religious personal laws in force in the country and followed by different communities deny equality to women in personal matters. This inequitous contradiction is the subject of this pioneering study. Dr. Parashar argues that the concept of religious personal law was created by colonial administrators and has been maintained by independent India since, in a religiously plural society, it helps the State’s end of governance. The author traces the legislative conduct of the State and demonstrates that it has adopted discrepant policies with respect to the different religious personal laws. While Hindu personal law has been extensively reformed, the other personal laws have been left largely untouched. As a result, Hindu women have gained new rights, though not complete equality, while women of the minority communities continue to suffer inequalities. The author critically examines the arguments used by the State to reform, or refrain from reforming, religious personal laws. This analysis establishes conclusively that the State has acted in an inconsistent manner, and that its decisions are not governed by considerations of equality and gender justice but primarily by political factors. The author concludes that the only way to sever the connection between religious and civil rights is to adopt a secular and uniform civil code which should be non-optional. Dr. Parashar also highlights the inadequacies of the various feminist analyses of the nature of law and suggests that any discussion of the nature of the State must incorporate the significance of religion as a political factor. This major study will interest lawyers, legal activists, feminists and all those fighting to end gender discrimination.

Adjudicating Family Law in Muslim Courts

Adjudicating Family Law in Muslim Courts PDF Author: Elisa Giunchi
Publisher: Routledge
ISBN: 131796487X
Category : Social Science
Languages : en
Pages : 192

View

Book Description
While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.

Religion, Law and Tradition

Religion, Law and Tradition PDF Author: Andrew Huxley
Publisher: Routledge
ISBN: 1136132422
Category : Language Arts & Disciplines
Languages : en
Pages : 208

View

Book Description
This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.

The Contemporary Indian Family

The Contemporary Indian Family PDF Author: B. Devi Prasad
Publisher: Taylor & Francis
ISBN: 100009491X
Category : Social Science
Languages : en
Pages : 214

View

Book Description
This book analyses the dynamics of the development of family structure in India over the past few decades. It captures the diversities and challenges of contemporary families and provides a culture and region-specific overview of how families adapt and change generationally. The book explores the paradigms of understanding family life in India through illustrations which trace patterns of family formations in the context of large-scale social, economic and media-driven changes. Besides discussing the ongoing debates on the sociology of family, the chapters in this volume also look at diverse families experiencing poverty, conflict and displacement and demystifies families with members having a disability or non-normative sexual orientation. The book will be useful to students and researchers of various disciplines, such as sociology, social work, family studies, women’s studies and anthropology.

Indian Private International Law

Indian Private International Law PDF Author: Stellina Jolly
Publisher: Bloomsbury Publishing
ISBN: 1509938192
Category : Law
Languages : en
Pages : 416

View

Book Description
This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.

Comparative Law in a Global Context

Comparative Law in a Global Context PDF Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category : Law
Languages : en
Pages :

View

Book Description
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.