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" Between Community and Qānūn: Documenting Islamic Legal Practice in Nineteenth-century British India "
Elizabeth D. Lhost
Alam, Muzaffar; Chakrabarty, Dipesh
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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804622
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| Doc. No
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TL49457
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| Call number
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1927908357; 10273063
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| Main Entry
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Yount-Andre, Chelsie Jeannette
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| Title & Author
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Between Community and Qānūn: Documenting Islamic Legal Practice in Nineteenth-century British India\ Elizabeth D. LhostAlam, Muzaffar; Chakrabarty, Dipesh
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| College
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The University of Chicago
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| Date
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2017
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| Degree
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Ph.D.
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| field of study
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South Asian Languages & Civilizations and History
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| student score
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2017
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| Page No
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555
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| Note
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Committee members: Hussin, Iza
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| Note
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Place of publication: United States, Ann Arbor; ISBN=978-0-355-07795-7
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| Abstract
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This dissertation traces the modernization of Islamic legal practice in nineteenth- and twentieth-century South Asia by considering the relationship between colonial bureaucracy and local legal procedure. Focusing on the formalization and professionalization of the offices of the <i>qāzī </i> (Islamic judge) and <i>muftī</i> (jurisconsult; writer of legal opinions, <i>fatwās</i>), “Between Community and <i>Qānūn</i>” contends that the bureaucratization of legal procedure introduced new modes of legal activity that rendered Islamic law legible and relevant to the modern nation state. Traditionally, scholars have characterized South Asian legal history in terms of increasing Anglicization and codification, drawing attention to the colonial construction of law and the influence of knowledge-production projects like compilation, translation, and legislation. Though these projects had significant influence on the shape of the legal system, such attention to legislative efforts to segregate, systematize, and standardize legal practice has promoted a top-down understanding of law and legal activity throughout this period. By focusing on local practitioners like the <i>qāzī</i>, this dissertation takes a law and society approach to the study of colonial legal change to highlight the effects of authoring agreements, documenting exchanges, and recording everyday personal and familial affairs on ordinary individuals’ understandings of and interactions with the legal system.
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| Subject
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History; Law; Islamic Studies; South Asian Studies
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| Descriptor
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Social sciences;British empire;Bureaucracy;Colonialism;Islam;Law;Religion
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| Added Entry
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Alam, Muzaffar; Chakrabarty, Dipesh
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South Asian Languages Civilizations and HistoryThe University of Chicago
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