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Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia PDF Author: Mitra June Sharafi
Publisher:
ISBN: 9781139862332
Category : Parsees
Languages : en
Pages : 343

Book Description
This book explores the legal culture of the Parsis, an ethno-religious community unusually invested in the colonial legal system of British India and Burma.

Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia PDF Author: Mitra June Sharafi
Publisher:
ISBN: 9781139862332
Category : Parsees
Languages : en
Pages : 343

Book Description
This book explores the legal culture of the Parsis, an ethno-religious community unusually invested in the colonial legal system of British India and Burma.

Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia PDF Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1139868063
Category : History
Languages : en
Pages : 369

Book Description
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seem to have done so earlier or in more pronounced ways than the Parsis.

The Politics of Personal Law in South Asia

The Politics of Personal Law in South Asia PDF Author: Partha S. Ghosh
Publisher: Routledge
ISBN: 1136705112
Category : Law
Languages : en
Pages : 353

Book Description
It is a political study of the controversy surrounding the issue of the uniform civil code vis-à-vis personal laws from a South Asian perspective. At the centre of the debate is whether there should be a centralized view of the legal system in a given society or a decentralized view, both horizontally and vertically. This issue is entangled within the threads of identity politics, minority rights, women’s rights, national integration, global Islamic politics and universal human rights. Champions of each category view it through their own prisms, making the debate extremely complex, especially in politically and socially plural South Asia. So, this book attempts to harmonize the threads of the debate to provide a holistic political analysis.

The Post-Colonial States of South Asia

The Post-Colonial States of South Asia PDF Author: Amita Shastri
Publisher: Routledge
ISBN: 1136118748
Category : Social Science
Languages : en
Pages : 424

Book Description
This text discusses the principal political and constitutional questions that have arisen in the states of Bangladesh, India, Pakistan and Sri Lanka following fifty years of independence. In Sri Lanka the pressing problems have been around the inter-ethnic civil war, experiments with constitutional designs, widespread prevalence of corruption and the recrudescence of Buddhist militancy. In India it has been corruption, Hindu nationalism and general political instability. In Bangladesh and Pakistan it has been the role of the military, the state and religion. A general theme is an analysis of the malaise that is prevalent and how and why this was inherited, despite the colonial legacy of parliamentary democracy, the steel framework of a trained bureaucracy, the independence of the judiciary and the rule of law.

Fluid Jurisdictions

Fluid Jurisdictions PDF Author: Nurfadzilah Yahaya
Publisher: Cornell University Press
ISBN: 1501750895
Category : Political Science
Languages : en
Pages : 266

Book Description
This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.

Family, Gender, and Law in a Globalizing Middle East and South Asia

Family, Gender, and Law in a Globalizing Middle East and South Asia PDF Author: Kenneth M. Cuno
Publisher: Syracuse University Press
ISBN: 0815651481
Category : Social Science
Languages : en
Pages : 329

Book Description
The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.

Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia PDF Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1107047978
Category : History
Languages : en
Pages : 369

Book Description
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.

Routledge Handbook of the History of Colonialism in South Asia

Routledge Handbook of the History of Colonialism in South Asia PDF Author: Harald Fischer-Tiné
Publisher: Routledge
ISBN: 0429774699
Category : Social Science
Languages : en
Pages : 697

Book Description
The Routledge Handbook of the History of Colonialism in South Asia provides a comprehensive overview of the historiographical specialisation and sophistication of the history of colonialism in South Asia. It explores the classic works of earlier generations of historians and offers an introduction to the rapid and multifaceted development of historical research on colonial South Asia since the 1990s. Covering economic history, political history, and social history and offering insights from other disciplines and ‘turns’ within the mainstream of history, the handbook is structured in six parts: Overarching Themes and Debates The World of Economy and Labour Creating and Keeping Order: Science, Race, Religion, Law, and Education Environment and Space Culture, Media, and the Everyday Colonial South Asia in the World The editors have assembled a group of leading international scholars of South Asian history and related disciplines to introduce a broad readership into the respective subfields and research topics. Designed to serve as a comprehensive and nuanced yet readable introduction to the vast field of the history of colonialism in the Indian subcontinent, the handbook will be of interest to researchers and students in the fields of South Asian history, imperial and colonial history, and global and world history.

The Aga Khan Case

The Aga Khan Case PDF Author: Teena Purohit
Publisher: Harvard University Press
ISBN: 0674071581
Category : History
Languages : en
Pages : 248

Book Description
An overwhelmingly Arab-centric perspective dominates the West’s understanding of Islam and leads to a view of this religion as exclusively Middle Eastern and monolithic. Teena Purohit presses for a reorientation that would conceptualize Islam instead as a heterogeneous religion that has found a variety of expressions in local contexts throughout history. The story she tells of an Ismaili community in colonial India illustrates how much more complex Muslim identity is, and always has been, than the media would have us believe. The Aga Khan Case focuses on a nineteenth-century court case in Bombay that influenced how religious identity was defined in India and subsequently the British Empire. The case arose when a group of Indians known as the Khojas refused to pay tithes to the Aga Khan, a Persian nobleman and hereditary spiritual leader of the Ismailis. The Khojas abided by both Hindu and Muslim customs and did not identify with a single religion prior to the court’s ruling in 1866, when the judge declared them to be converts to Ismaili Islam beholden to the Aga Khan. In her analysis of the ginans, the religious texts of the Khojas that formed the basis of the judge’s decision, Purohit reveals that the religious practices they describe are not derivations of a Middle Eastern Islam but manifestations of a local vernacular one. Purohit suggests that only when we understand Islam as inseparable from the specific cultural milieus in which it flourishes do we fully grasp the meaning of this global religion.

Sovereignty, International Law, and the Princely States of Colonial South Asia

Sovereignty, International Law, and the Princely States of Colonial South Asia PDF Author: Priyasha Saksena
Publisher:
ISBN: 9780191957451
Category : Electronic books
Languages : en
Pages : 0

Book Description
What constitutes a sovereign state in the international legal sphere? This question has been central to international law for centuries. This book provides a compelling exploration of the history of sovereignty through an analysis of the jurisdictional politics involving a specific set of historical legal entities.