Asian Research Thesis Index

Abstract

This thesis argues the treatment of Islamic law under the English legal system by looking into the developments in law of family waqf, inheritance and equity in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and its impact on Pakistani law. It not only examines the evolution of codification of Islamic laws in sub-continent during colonial rule but also that how this codification partially influences the Islamic Law. It argues that the laws of waqf and inheritance were transformed in order to fit into new legal system. The colonial state also used the methods of translation, adjudication, and legislation in order to transform Islamic law into AngloMuhammadan Law. They amalgamated law of inheritance and customary law, made “rivāj e ʻaām” through settlement officer and later they recognised this “rivāj e ʻaām” as testimony and enforced it through courts. In 18th century British in their regulations merged equity, justice and good-conscience with customary law, though equity fills the gap of law on the discretion of their judges. The study begins with the brief introduction of Anglicization of Sharī‘ah during British sway in India. Then the essentials of the Islamic Law of waqf are described in a good detail, in the light of the opinions of Islamic jurists. The third part of the study not only briefs about the legal contribution of the Privy Council to the law of waqf but also the cases about family law of waqf in Pakistan. The law of Inheritance in Islam is specially focusing on the shares of females in Islamic Law to ensure that no local custom can override the law of inheritance in Islam is examined in fourth part of the study. In fifth part the attempts have been made to examine the law of Inheritance in sub-continent during British rule and its impact on the current Law of Inheritance in Pakistan. For better understanding case law on Inheritance rights of women in Pakistan is discussed in detail. The last part of the research examines the role of the doctrine of justice, equity and good conscience in British rule in sub-continent and its impact on Pakistani law. Case law in Pakistan regarding this notion is also discussed.

Add/Update Thesis