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  • Chapter 25 - The Restitution of Conjugal Rights

  • from Part IV - Court Judgments and Other Court Documentation
  • Edited by Omar Anchassi, Universität Bern, Switzerland, Robert Gleave, University of Exeter
  • Book:
    Islamic Law in Context
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 266-278

  • Summary

    This chapter explores an 1886 judicial decision by Justice Syed Mahmood (d. 1321/1903)—the son of the famous Indian Muslim reformist and educator Sir Syed Ahmed Khan—on a case involving the restitution of conjugal rights, namely, the ability of a husband to sue his wife in court for unlawfully abandoning the martial home. This decision is important for the ways it reflects the operation of Islamic law in a context of British domination, in which premodern Islamic legal norms are read through the lense of the British Common Law tradition, and in which the apparatus and ecosystem of Islamic law have been transformed almost beyond recognition by the emergence of the modern state.