9781107006102 hardback 1107006104 hardback 9780511835209 ebook
Cambridge studies in law and society.
Bibliography, etc. Note
Includes bibliographical references (pages 351-386) and index.
Formatted Contents Note
1. Introduction. Who shall govern the family? Outlining two approaches - Research questions - Case selection - A general outline of the developments in the Indian case - The study in the Indian context - The context of inquiry - Research site - Methods - Feminist deliberations - Sampling in state courts - Data collection in state courts - Sampling and data collection in informal courts - Organization of the book 2. The shared adjudication model: theoretical framework and arguments. Introduction - Theoretical framework: state-society interactions at the interface of personal laws - Arguments - The Indian model: juristic diversity in the legal landscape - Interactions between state and societal organizations and actors - An open-ended conception of state-society relations among heterogeneous legal actors - The paradoxical movement between state laws and societal laws - Characterizing the legal landscape: legal flexibility, fragmentation, and change - Balancing cultural accommodation and gender justice - Hindu and Muslim personal laws and the question of gender equality - Conceiving agency and its limit - The question of gender equality in the shared adjudication model - Conclusion 3. State law and the adjudication process: marriage, divorce, and the conjugal family in Hindu and Muslim personal laws. Introduction - The functioning of the family court - The disposal of cases in the family court - The nature of justice in the family court: consensual rather than adversarial? - Adjudication in Hindu and Muslim personal laws - Determining "marriage"-outlining boundaries of the community, protecting individual rights - The provision of restitution of conjugal rights and the standardization of Hindu and Muslim personal laws - The regulation of polygyny under Hindu and Muslim personal laws - Divorce in Hindu and Muslim personal laws - Divorce under Muslim personal law: the debate over triple Talaq - Divorce under Muslim personal law: issues in statutory divorce - Women and property in marriage and divorce laws - Conclusion 4. Making and unmaking the conjugal family: the administration of Hindu law in society. Introduction - Caste formation and lawmaking among Meghwals - Summary of the constitutional provisions: commonalities, continuities, and discontinuities - The gendered sphere among the Meghwals - Innovative legal process: democratic participatory justice - Innovative legal process: democratic participatory justice - Similarities, dissimilarities, and hybridity in state law and nonstate law - Interactions between diverse societal organizations and actors - The caste Panchayat among the Sai Suthars - Struggles for legal autonomy in family matters among the Kutchi Visa Oswals (KVOs) - State-society encounters in law: comparison of caste-based legal forums - Other societal legal bodies: Women's organizations - Legal actors in society: notaries, lawyers, middlemen - Leveraging authority: strongmen and political parties in the adjudication of Hindu law in society - Conclusion 5. Juristic diversity, contestations over "Islamic Law" and Women's Rights: regulation of matrimonial matters in Muslim personal law. Introduction - The nature of Muslim personal law and the classificiation of legal actors and institutions in societal arena - Organized legal bodies, doorstep courts, and the processes of adjudication - The question of representation: who represents the community - Divergent opinions on the establishment of religious "courts" - Conflict and convergence between statutory Muslim personal law and societal laws - Agency and its constraints: Muslim Women's Rights in the legally plural sphere - The campaign around Nikahnama: Reforms from within - Competing ideologies and interests among socio-legal actors and institutions - Conclusion 6. Conclusion. What factors would bring about a change in this model? - The shared adjudication model compared to other proposals for accommodating communities and ensuring gender equality.