Religion and Personal Law in Secular India

Religion and Personal Law in Secular India
Author: Gerald James Larson
Publisher:
Total Pages: 362
Release: 2001
Genre: Religion
ISBN: 9780253339904

Most of the papers presented at a conference held at Bloomington in 1999; some previously published.

Religion and Law in India

Religion and Law in India
Author: Mohammad Naseem
Publisher: Kluwer Law International B.V.
Total Pages: 402
Release: 2020-12-20
Genre: Religion
ISBN: 9403529717

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how India deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in India. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

A Secular Need

A Secular Need
Author: Jeffrey A. Redding
Publisher: University of Washington Press
Total Pages: 241
Release: 2020-04-15
Genre: History
ISBN: 0295747099

Whether from the perspective of Islamic law’s advocates, secularism’s partisans, or communities caught in their crossfire, many people see the relationship between Islamic law and secularism as antagonistic and increasingly discordant. In the United States there are calls for “sharia bans” in the courts, in western Europe legal limitations have been imposed on mosques and the wearing of headscarves, and in the Arab Middle East conflicts between secularist old guards and Islamist revolutionaries persist—suggesting that previously unsteady coexistences are transforming into outright hostilities. Jeffrey Redding’s exploration of India’s non-state system of Muslim dispute resolution—known as the dar-ul-qaza system and commonly referred to as “Muslim courts” or “shariat courts”—challenges conventional narratives about the inevitable opposition between Islamic law and secular forms of governance, demonstrating that Indian secular law and governance cannot work without the significant assistance of non-state Islamic legal actors.

Articles of Faith

Articles of Faith
Author: Ronojoy Sen
Publisher: Oxford University Press
Total Pages: 363
Release: 2018-10-16
Genre: Law
ISBN: 0199095280

Examining the constitutional and legal foundations of the place of religion in India, Articles of Faith studies the relationship between religion and state. It closely analyses the decisions of the Supreme Court from the 1950s on Articles 25–30 of the Indian Constitution, as well as other relevant laws and constitutional provisions. The book discusses the Supreme Court’s interpretation of the constitutional right to freedom of religion and its influence on the discourse of secularism and nationalism. While examining the role of the Court in defining and demarcating religion as well as religious freedom, practices, and organizations, this volume also highlights important issues such as interpretative traditions and legal doctrines developed by the judiciary over the years. This new edition has an expanded and revised introduction, which looks at the new literature on secularism and religious jurisprudence, both in India and other secular democracies. It also includes an afterword, which examines recent landmark judgments on religion by the Supreme Court of India, such as the one on triple talaq.

India as a Secular State

India as a Secular State
Author: Donald Eugene Smith
Publisher: Princeton University Press
Total Pages: 539
Release: 2015-12-08
Genre: Political Science
ISBN: 1400877784

Throughout India's history, religion has been the most powerful single factor in the development of her civilization. Today, despite her religious tradition, India is emerging as a secular state. In this book, Donald E. Smith explores the origin of the concept of secularization as it is found both in Indian culture and in the example of the western nations. He emphasizes the important role of secularization in India’s total democratic experiment and points out that the degree of its realization will undoubtedly affect the eventual character of democracy in India. In addition, the success or failure of the secular state in India cannot fail to influence the attitudes of her neighbors. Professor Smith considers the many aspects and implications of India’s attempt to secularize her government. Originally published in 1963. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Religion and Personal Law in Secular India

Religion and Personal Law in Secular India
Author: Gerald James Larson
Publisher: Indiana University Press
Total Pages: 384
Release: 2001-11-28
Genre: Religion
ISBN: 9780253108685

Though a directive principle of the constitution, a uniform civil code of law has never been written or instituted in India. As a result, in matters of personal law -- the segment of law concerning marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance -- individuals of different backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems for India as a nation. Religion and Personal Law in Secular India provides a comprehensive look into the issues and challenges that India faces as it tries to put a uniform civil code into practice. Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.

Rethinking Muslim Personal Law

Rethinking Muslim Personal Law
Author: Hilal Ahmed
Publisher: Taylor & Francis
Total Pages: 191
Release: 2022-04-28
Genre: Law
ISBN: 1000573192

This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.