By Taylor C. Sherman, William Gould, Sarah Ansari
This ebook explores the shift from colonial rule to independence in India and Pakistan, with the purpose of unravelling the specific which means and relevance of 'independence' for the hot voters of India and Pakistan through the 20 years submit 1947. whereas the learn of postcolonial South Asia has blossomed lately, this quantity addresses a couple of imbalances during this dynamic and hugely renowned box. to start with, the histories of India and Pakistan after 1947 were conceived individually, with many students assuming that the 2 states constructed alongside divergent paths after independence. hence, the dominant ancient paradigm has been to ascertain both India or Pakistan in relative isolation from each other. Viewing the 2 states within the comparable body not just permits the participants of this quantity to discover universal topics, but additionally allows an exploration of the robust continuities among the pre- and post-independence sessions
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Example text
At the same time, the bill appealed to Muslim opponents of the Child Marriage Restraint Act; the original wording of early drafts 50 51 52 Haye went on to become Minister for Education in UP, see Ian Talbot, Khizr Tiwana, the Punjab Unionist Party and the Partition of India (Curzon, Richmond, 1996), p. 90, and Chapter 5,fn 42. David Gilmartin, ‘Kinship, Women and Politics’, see also footnote 12, above. From the Statement of Objects and Reasons in support of the Shariat Application Act 1937, cited in Janaki Nair, Women and Law in Colonial India: a Social History (Kali for Women, Delhi, 1996), p.
Paper I, Ibid. 59 The other aspect of succession law to be left outside the purview of the bill was access to agricultural land, reflecting the separation of federal and provincial subjects under the 1935 Government of India Act. This constitutional necessity made it much easier for powerful landowners in Bengal and Punjab to accept the Shariat Bill, the passage of which seemed to reinforce a notion of a single, coherent Muslim community in India which, in favouring women’s rights, was progressive in its outlook, but was fundamentally underpinned by religious identity and scriptural authority.
Rather than resolving or eradicating different opinions between Muslim jurists and scholars, in presenting Shariat law as a religious code of law, the act moved discussions of these differences from the public sphere to a more discrete field of inter-community dialogue. Hindu law had no comparable code or legal system on which Deshmukh could draw. His proposal was framed in terms of statute not religious precepts and, as such, was more open to dispute and legal revision within the legislature. 63 Nevertheless, discussions about Hindu widows’ rights and Deshmukh’s measures continued.