By Taylor C. Sherman, William Gould, Sarah Ansari

This booklet 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 recent electorate of India and Pakistan in the course of the 20 years submit 1947. whereas the examine of postcolonial South Asia has blossomed in recent times, this quantity addresses a couple of imbalances during this dynamic and hugely well known 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. therefore, the dominant ancient paradigm has been to envision both India or Pakistan in relative isolation from each other. Viewing the 2 states within the related body not just permits the individuals of this quantity to discover universal subject matters, but in addition allows an exploration of the strong continuities among the pre- and post-independence classes

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The emergence of these groups has typically been seen as a moment in which Indian women refused to be the subjects of reform but became interested in shaping and changing their lives and social status themselves. While this was undoubtedly an important transition, the success of women’s organization campaigns and their growing prominence in Indian political life owed much to the constellation of male interests around the issue of women’s rights in the context of personal law reform. 46 Yet, the particular significance of arguments about women’s rights for Hindu property law meant that, at times, the women’s movement seemed to enjoy a stronger relationship with 43 44 45 46 Letter from Jayakar to Law Minister, N.

34 Cautious of provoking civil unrest, British officials vetoed the measure on the grounds that it marked a departure from Hindu tradition. Muslim lawyers played a pivotal role in reframing the terms of the debate about personal law reform away from the deadlock between arguments about tradition and innovation. Turning the Privy Council’s own defence of Islamic legal tradition on its head, lawyers such as Amir Ali argued that a waqf made to benefit a family had always been permitted under Muslim law.

Differences in the regional High Courts’ interpretations of the provisions of Deshmukh’s Act created further complication. The Shariat Act had been worded in such a way as to avoid this kind of confusion. There was no definition or detail of what constituted Shariat law in the provisions of the Shariat Application Act. 62 The Act simply listed the areas of law to which Indian Muslims were to be subject, giving Muslim jurists considerable power and autonomy to interpret what this in fact entailed.

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