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Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1107047978
Category : History
Languages : en
Pages : 369
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Book Description
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1107047978
Category : History
Languages : en
Pages : 369
Get Book Here
Book Description
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1139868063
Category : History
Languages : en
Pages : 369
Get Book Here
Book Description
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seem to have done so earlier or in more pronounced ways than the Parsis.
Author: Steven E. Lindquist
Publisher: Anthem Press
ISBN: 1783080671
Category : Religion
Languages : en
Pages : 392
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Book Description
This volume brings together sixteen articles on the religions, literatures and histories of South and Central Asia in tribute to Patrick Olivelle, one of North America’s leading Sanskritists and historians of early India. Over the last four decades, the focus of his scholarship has been on the ascetic and legal traditions of India, but his work as both a researcher and a teacher extends beyond early Indian religion and literature. ‘Religion and Identity and South Asia and Beyond’ is a testament to that influence. The contributions in this volume, many by former students of Olivelle, are committed to linguistic and historical rigor, combined with sensitivity to how the study of Asia has been changing over the last several decades.
Author: Teena Purohit
Publisher: Harvard University Press
ISBN: 0674071581
Category : History
Languages : en
Pages : 248
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Book Description
An overwhelmingly Arab-centric perspective dominates the West’s understanding of Islam and leads to a view of this religion as exclusively Middle Eastern and monolithic. Teena Purohit presses for a reorientation that would conceptualize Islam instead as a heterogeneous religion that has found a variety of expressions in local contexts throughout history. The story she tells of an Ismaili community in colonial India illustrates how much more complex Muslim identity is, and always has been, than the media would have us believe. The Aga Khan Case focuses on a nineteenth-century court case in Bombay that influenced how religious identity was defined in India and subsequently the British Empire. The case arose when a group of Indians known as the Khojas refused to pay tithes to the Aga Khan, a Persian nobleman and hereditary spiritual leader of the Ismailis. The Khojas abided by both Hindu and Muslim customs and did not identify with a single religion prior to the court’s ruling in 1866, when the judge declared them to be converts to Ismaili Islam beholden to the Aga Khan. In her analysis of the ginans, the religious texts of the Khojas that formed the basis of the judge’s decision, Purohit reveals that the religious practices they describe are not derivations of a Middle Eastern Islam but manifestations of a local vernacular one. Purohit suggests that only when we understand Islam as inseparable from the specific cultural milieus in which it flourishes do we fully grasp the meaning of this global religion.
Author: Nurfadzilah Yahaya
Publisher: Cornell University Press
ISBN: 1501750887
Category : Political Science
Languages : en
Pages : 342
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Book Description
This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.
Author: Kenneth M. Cuno
Publisher: Syracuse University Press
ISBN: 0815651481
Category : Social Science
Languages : en
Pages : 329
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Book Description
The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.
Author: Bernardo A. Michael
Publisher: Anthem Press
ISBN: 1783083220
Category : History
Languages : en
Pages : 250
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Book Description
“Statemaking and Territory in South Asia: Lessons from the Anglo–Gorkha War (1814–1816)” seeks to understand how European colonization transformed the organization of territory in South Asia through an examination of the territorial disputes that underlay the Anglo–Gorkha War of 1814–1816 and subsequent efforts of the colonial state to reorder its territories. The volume argues that these disputes arose out of older tribute, taxation and property relationships that left their territories perpetually intermixed and with ill-defined boundaries. It also seeks to describe the long-drawn-out process of territorial reordering undertaken by the British in the nineteenth and twentieth centuries that set the stage for the creation of a clearly defined geographical template for the modern state in South Asia.
Author:
Publisher: BRILL
ISBN: 9004431764
Category : Law
Languages : en
Pages : 538
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Book Description
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 4 is India and Human Rights.
Author: Tani E. Barlow
Publisher: Duke University Press
ISBN: 9780822319436
Category : History
Languages : en
Pages : 468
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Book Description
The essays in Formations of Colonial Modernity in East Asia challenge the idea that notions of modernity and colonialism are mere imports from the West, and show how colonial modernity has evolved from and into unique forms throughout Asia. Although the modernity of non-European colonies is as indisputable as the colonial core of European modernity, until recently East Asian scholarship has tried to view Asian colonialism through the paradigm of colonial India (for instance), failing to recognize anti-imperialist nationalist impulses within differing Asian countries and regions. Demonstrating an impatience with social science models of knowledge, the contributors show that binary categories focused on during the Cold War are no longer central to the project of history writing. By bringing together articles previously published in the journal positions: east asia cultures critique, editor Tani Barlow has demonstrated how scholars construct identity and history, providing cultural critics with new ways to think about these concepts--in the context of Asia and beyond. Chapters address topics such as the making of imperial subjects in Okinawa, politics and the body social in colonial Hong Kong, and the discourse of decolonization and popular memory in South Korea. This is an invaluable collection for students and scholars of Asian studies, postcolonial studies, and anthropology. Contributors. Charles K. Armstrong, Tani E. Barlow, Fred Y. L. Chiu, Chungmoo Choi, Alan S. Christy, Craig Clunas, James A. Fujii, James L. Hevia, Charles Shiro Inouye, Lydia H. Liu, Miriam Silverberg, Tomiyama Ichiro, Wang Hui
Author: Amita Shastri
Publisher: Routledge
ISBN: 1136118748
Category : Social Science
Languages : en
Pages : 424
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Book Description
This text discusses the principal political and constitutional questions that have arisen in the states of Bangladesh, India, Pakistan and Sri Lanka following fifty years of independence. In Sri Lanka the pressing problems have been around the inter-ethnic civil war, experiments with constitutional designs, widespread prevalence of corruption and the recrudescence of Buddhist militancy. In India it has been corruption, Hindu nationalism and general political instability. In Bangladesh and Pakistan it has been the role of the military, the state and religion. A general theme is an analysis of the malaise that is prevalent and how and why this was inherited, despite the colonial legacy of parliamentary democracy, the steel framework of a trained bureaucracy, the independence of the judiciary and the rule of law.
