Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
The book uncovers the paradoxical workings of colonial laws that promised to separate secular and religious spheres, but instead fostered their vexed entanglement.
This book explores the evolution of a Shia Ismaili identity and crucial aspects of the historical forces that conditioned the development of the Muslim modern in late colonial South Asia.
The carpenters, the ironsmiths, the gold and silversmiths, and the like, follow the Brahmins in having more than one man agreeing upon one woman, except that here the men are brothers or relatives in order that the inheritance not be ...
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations.
This multidisciplinary study discusses the historical, social and legal contexts of Shari'a law reform in South Asia, their methodology and juristic basis, the debate between the traditionalists and modernists over...
Islam, Sufism and Everyday Politics of Belonging in South Asia
In addition, the formation of religious communities, their construction of identity, and their relation to society and the wider public are key issues of this series.
In recent years, Sufism has been held up as a supposedly peaceful alternative to forms of Islam associated with violence, an embodiment of tolerance and pluralism.
The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical ...
Based on the close reading of previously unexplored print and manuscript sources in Arabic, Persian, and Urdu spanning the late eighteenth and the entirety of the nineteenth century, this book intervenes in and integrates the often ...