Muslim personal law and judiciary/ by Mohammad Shabbir

The book first of its kind, ventures into the dynamics of 'Muslim Personal Laws' for the first time pertaining to its specified area: institutions of marriage, dower, divorce, maintenance and legitimacy of children, as traced, evolved, interpretated, developed and reacted by the Indian Judiciary in pre- and post- Independent India. The merit of the judicial activity is evaluated on the touch-stone of Shariat on which 'Muslim Personal Laws' are founded. The ambit of judicial investigation is relevant to the analysis of landmark pronouncements of the Privy Council, Federal Courts, Supreme Court and High Courts to assess the role of judiciary. The theme of the book points to the evil aspects practiced in the name of 'Muslim Personal Laws' and recommends to attune it to the letters and the spirit of Shariat. Secular in outlook and treatment, the book is a challenge to Muslim clergy to come out of their orthodox shells and ponder over the desirability of rational interpretations to re-establish the validity of Shariat against the complexities of modern life. The main charm of the book lies in its deep concern for truth with which Ratio decidendi of case-law are examined and ramification analysed.

This serious, scholarly and well documented analysis, the first of its kind, is a remarkable outcome of a sincere research on which Aligarh Muslim University, Aligarh (U.P.), India, awarded to Dr. Mohammad Shabbir, a doctoral degree. Its contents are inevitable to the judges, lawyers, legislators, academicians, theologians, politicians, administrators, sociologists, social-action academic institutions. groups and ramification analysed.