- The Politics of Personal Law in South Asia
- Bibliography – South Asian Legal History Resources
- The Politics Of Personal Law In South Asia
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Muslims also make up important minorities in India, Nepal and Sri Lanka.
Within only eight years, Muslim conquerors had founded the Delhi Sultanate, annexed Bihar in the east and captured Gwalior to the south. At the end of the 17th century, the Mughals took possession of Bijapur, Golconda, and other formerly independent provinces in the south. The India Act of required that company officials be responsible to Parliament.
Initially, some Muslims viewed the British as a potential ally against the Hindus. Pakistan itself split into two after a civil war, with east Pakistan becoming the independent state of Bangladesh in Bangladesh, on the other hand, has sought to ground itself in a national rather than an Islamic identity. Meanwhile, the about million Muslims who still live in India tend to see themselves as an embattled minority, fearing intercommunal violence and the interference of a non-Muslim state.
Yet another small group of Muslims in the region are the Ismailis, who regard their leader, the Aga Khan, as their spiritual leader Roy Under the ordinances, women who bring charges of rape often find themselves charged with adultery.
The Politics of Personal Law in South Asia
In , President Nawaz Sharif passed a law giving religious courts the right to overrule existing laws. Bangladesh has also passed laws protecting women from arbitrary divorce and from husbands taking additional wives without the consent of the first wife. The traditional arbitration courts which are the main judicial bodies in Bangladeshi villages usually base their decisions on local custom rather than statutory law.
Since independence, the Indian state has aimed at abolishing the various Hindu personal laws in favor of a uniform civil code. Subsequent efforts to institute a uniform legal code have faltered. If a woman has a complaint, the chief of the village or one of his colleagues on the village council will endeavor to persuade her to obtain some sort of settlement outside the village council Bhatty ; Sinha Nepalese law does make some exceptions to Hindu law for Muslims, particularly in the area of marriage.
The public nature of institutions such as courts mean few women may take advantage of them. Dube South Asian Muslims prefer cross-cousin marriage, producing two very different in the region. But this pattern is not consistent along religious lines. Historically South Asian girls were married as early as possible. India, Pakistan and Bangladesh all have laws specifying the age at which girls may be married, but families often ignore the laws.
Bibliography – South Asian Legal History Resources
In , the Child Marriage Restraint Act was passed in India, making it a criminal offense to marry a girl under age A Dowry Prohibition Act was passed in India in , declaring both the giving and receiving of dowry a prohibition. The Dissolution of Muslim Marriages Act of also gives Muslim women the right of divorce if a husband fails to provide maintenance for two years. This provides the backdrop for an analysis of the other states in the region. This second edition will be indispensable for scholars, researchers and students of law, political science and South Asian Studies.
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The Politics Of Personal Law In South Asia
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