Muslim Personal Law: Definitions, Sources and Contestations

Muslim personal law in India, shaped by colonial reform and postcolonial politics, drives enduring debates on religion, law, and gender.

This book meticulously traces the complex history of Muslim Personal Law in India, from its evolution during the colonial era to its present-day implications. The research uncovers how colonial administrators and the postcolonial Indian state sought to reform and redefine Shariat law, efforts that met fierce resistance and led to the formation of the All India Muslim Personal Law Board (AIMPLB), which championed Muslim Personal Law as the law of God'.

With a keen focus on the tension between religious pluralism and the push for legal uniformity, the narrative explores pivotal moments, including the Shah Bano case, the triple talaq debate, and the internal divisions within the Muslim community. The book critically examines the Hindu Right's attempts to communalize the gender discourse and use the Uniform Civil Code as a tool to demonize the Muslim community while furthering its majoritarian agendas. It also highlights how progressive language is appropriated in these efforts to advance anti-minority objectives.

Insightful and thought-provoking, this book sheds light on the often contentious intersections of religion, law, and politics in India. Drawing from a rich collection of primary sources in Urdu, English, and Hindi, as well as insights from decades of experience in academia, journalism, and minority-rights activism, the author offers readers a nuanced understanding of the ongoing debates surrounding personal law, gender rights, and legal reform.

Table of Contents

• Preface 9
• Introduction 19
• 1. Modern State, Shariat and Muslim Personal Law in India 53
• 2. Formation of the All India Muslim Personal Law Board 82
• 3. Gender and All India Muslim Personal Law Board 112
• 4. Contestations, Fissures and All India Muslim Personal Law Board 151
• 5. Politics of the Muslim Personal Law 183
• Conclusion 211
• Bibliography 223
• Index 231