Last edited by Gardanos
Friday, August 7, 2020 | History

3 edition of Islamic law in Indian courts since independence found in the catalog.

Islamic law in Indian courts since independence

Syed Tahir Mahmood

Islamic law in Indian courts since independence

fifty years of judicial interpretation

by Syed Tahir Mahmood

  • 188 Want to read
  • 6 Currently reading

Published by Institute of Objective Studies, Marketed by Qazi Publishers & Distributors in New Delhi .
Written in English

    Places:
  • India
    • Subjects:
    • Islamic law -- India -- Interpretation and construction.

    • Edition Notes

      Includes bibliographical references and index.

      StatementTahir Mahmood.
      SeriesIOS series. Readings in Islamic law, Readings in Islamic law.
      ContributionsInstitute of Objective Studies (New Delhi, India)
      Classifications
      LC ClassificationsKNS469.5 .M34 1997
      The Physical Object
      Paginationvi, 504 p. ;
      Number of Pages504
      ID Numbers
      Open LibraryOL157954M
      ISBN 108185220344
      LC Control Number99933554

      The answers on this thread have been disappointing not only for their rabid anti-Muslim tone, but also, for their ignorance as to the Constitution and the legal system in India. The Muslims in India are not some backward species. They can be just. Indian nationalism developed as a concept during the Indian independence movement fought against the colonial British nationalism is an instance of territorial nationalism, inclusive of all its people, despite their diverse ethnic, linguistic and religious backgrounds. It continues to strongly influence the politics of India and reflects an opposition to the sectarian strands of.

      Sources of Islamic Law and sources of Law in Pre Mugbal Period and Mugbal Period Muslim law or Islamic law was one of the major important legal systems of the medieval world. It had structured a new idea or new political, social and cultural ideas. In India, the Islamic laws also played very significant role in structuring the IndianFile Size: 2MB. However, before the arrival of the British in , classical Islamic law was one of the main legal sources of the country. Islam had arrived in Malaysia by around Since then the teachings of Islam have been translated into the local people, and classical Islamic law has come to be in force in the region.

      African Customary Law, Customs, and Women's Rights MUNA NDULO* ABSTRACT The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary by: This book will be of particular value to lawyers, judges, law professors, and to students of law, political science, and history, as well as the general reader. Author Description Hamid Khan is Senior Advocate of the Supreme Court of Pakistan and a founding partner of Cornelius, Lane and Mufti, a leading law .


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Islamic law in Indian courts since independence by Syed Tahir Mahmood Download PDF EPUB FB2

Islamic Law in Indian Courts Since Independence [Syed Tahir Mahmood, TAHIR MAHMOOD] on *FREE* shipping on qualifying offers. FIFTY YEARS OF JUDICIAL : Syed Tahir Mahmood, TAHIR MAHMOOD. Islamic law in Indian courts since independence: fifty years of judicial interpretation Author: Tahir Mahmood ; Institute of Objective Studies (New Delhi, India).

Laws of India refers to the system of law across the Indian nation. India maintains a hybrid legal system with a mixture of civil, common law and customary, Islamic ethics, or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today.

Since the drafting of the Indian Constitution. This book is the only authoritative work on Muslim Personal Law applied by Courts of Justice in India. After the passing of Muslim Personal law (Shariat) Application ActMuslim Personal Law applicable in India continued to be uncodified and it was difficult to Courts and Lawyers to find out the correct Shariat law provisions on matters of Personal law.

Independence of Judges Under Islamic Law, International Law and the Afghan Constitution ZaöRV 64 () Judicial Independence in Islamic Law6 Islamic law constitutes one of the major legal systems in the world today.

In many Arab countries it still forms the basis of the legal system though in many in-stances it has been reformed and codified. The Muslim Personal Law in India is not the Islamic Sharia law. It has not been codified by Muslim jurists. In fact, it is a codification and compilation of court judgments in Muslim personal law cases during the British colonial period which are compiled in books like Mulla’s Mohamedan Law.

These precedents are the basis of the verdicts. ISLAMIC LAW OF CONFESSION: A COMPARISON WITH WESTERN AND INDIAN LAWS FAIZAN MUSTAFA One of the most important methods through which guilt of the accused is brought home is confession or admission of the guilt by the accused.

A confession is an acknowledgement, in express words, by the accused in aFile Size: KB. The Indian Penal Code, Criminal Procedure Code, Civil Procedure Code, Contract Act, Transfer of Property Act etc.

were applicable to everyone in India whether he was Muslim or a non-Muslim. After independence, the same set-up has been adopted and is being followed.

In the Netherlands, where views of Muslims and Islamic family law are highly politicised, the application of Islamic family laws by Dutch courts is a topic of heated political debate.

Muslim Law in India means" that portion of Islamic Civil Law which is applied to Muslims as a personal law".It consists of injunctions of Quran and has been further supplemented and modified by state Legislation and modern judicial precedents of the High Courts and the Supreme Court of India and also of the Privy Council.

But while Indian Muslims might see personal law as vital to their identity as Muslims, the act that made it mandatory for them to follow Muslim personal law – the Shariat Act – was created just 80 years ago in Before that, Indian Muslims followed a complex mix of local customs and Islamic law.

The English common law is the residual law in the high courts of Bombay (now Mumbai), Calcutta (now Kolkata), and Madras (now Chennai); and, at times with the aid of relevant British statutes, it is the residual law also in all other jurisdictions representing the old East India Company’s courts, in which, since“justice.

Islamic Law in Muslim Rule Islamic law was introduced in Medieval India even before the establishment of Delhi Sultanate and Mughal Period. Nevertheless the Delhi and Mughal rulers also followed and encourage people to practice Hanafi jurisprudence in their daily life.

Fataw-e-Ghiyasiya was the state code of Islamic law in India. Court systems for civil and criminal matters were essential features of many ruling dynasties of ancient India. Excellent secular court systems existed under the Mauryas ( BCE) and the Mughals (16 th – 19 th centuries) with the latter giving way to the current common law system.

Cases in the Muhammadan Law of India, Pakistan and Bangladesh by Asaf A. Fyzee, Tahir Mahmood. In this blog post, Upasana Chamkel, from Balaji Law College, Pune, talks about everything that every Indian should know about Islamic Law. “Islam is a religion of mercy to all people, both Muslims and Prophet was described as being a mercy in the Quran due to Author: Nikieta Aggarwal.

Legal System/History: The legal system is based in part on English common law. Sources of Muslim personal law as applied in India are Hanafi fiqh along with some resort to other schools, legislation, precedent, certain juridical texts (both classical and modern) that are considered authoritative, and custom.

Under the British Raj, colonial courts were directed to apply “indigenous legal. Introduction History comprises of the growth, evolution and development of the legal system in the country and sets forth the historical process whereby a legal system has come to be what it is over time.

The legal system of a country at a given time is not the creation of one man or of one day but is the cumulative fruit of the endeavor, experience, thoughtful planning and patient labour of a.

Mahmood, ‘Custom as a source of law in Islam’, Journal of the Indian Law Institute, 7, (), p. For a more general treatment of this theme in South Asia, see K.I. Ewing (ed.), Shari‘at and Ambiguity in South Asian Islam (Berkeley, ). The problem took various guises throughout colonial legal history.

InLord Harris. History. Upon the list of the Dominion of Pakistan in the laws of the erstwhile British Raj remained in force. At no point in Pakistan's legal history was there an intention to begin the statute book afresh.

The founder of Pakistan, Muhammad Ali Jinnah had a vision regarding the law of Pakistan, to implement a system in accordance to Islamic teachings, but it was never fulfilled. a common law rule will usually need to look at several court decisions over time.

There are books with summaries of court cases on specific topics. If there are no past court cases about a particular issue in Namibia, the courts might look at cases from other countries with constitutions or principles of government similar to those in Namibia.Gogoi and After: It's Time to Read Down the Indian Law Books' Table of Contempts.

We’re always being told to respect institutions. But reputations depend on respect earned.Indian Muslim personal law is not developed as a Sharia Law but as an interpretation of existing Muslim laws as part of Common Law.

The Supreme Court of India has ruled that Sharia or Muslim law holds precedence for Muslims over Indian civil law in such matters.