Author: Asaf A A Fyzee
Tahir Mahmood/
Editor(s): Tahir Mahmood
Publisher: Oxford University Press
Year: 2005
Language: English
Pages: 496
ISBN/UPC (if available): 0195654501
Description
This book, originally published in 1965, was written by Fyzee as a companion volume to his erudite and authoritative Outlines of Muhammadan Law. Since then it has been a source book for the Indo-Anglican interpretation of Muslim law. This long awaited revised edition makes available in one volume the original forty-three cases along with the author's commentary and extracts from judgements, as well as ninety-three new cases relating to significant developments since its original publication.
The themes covered in the original edition have now been extensively revised and updated. New judicial rulings from India, Pakistan and Bangladesh have been added to all of its nineteen chapters. The only book of its kind, it is a treasure house of old and new rulings. It provides an incomparable view of contemporary Muslim law, as it is being applied in the three countries within the parameters of their constitutions and under their systems of judicial administration.
The revising editor, Professor Tahir Mahmood, who is among the foremost living authorities on Islamic law today, has chosen to adhere strictly to the original scheme of the book and has made no additions to the basic text. The material contributed by him is contained in separate sections placed conveniently at the end of the relevant chapters.
The subjects covered include the interpretation of texts, customary law, dissolution of marriage, paternity and legitimacy, guardianship, gifts, life interests, wakfs, wills, inheritance, pre-emption, and mosques. This book will be invaluable for students, scholars, and practitioners of Islamic law.
REVIEWS
It is great teachers like Fyzee who trim the silver lamp of knowledge and keep its sacred flame bright from generation to generation and from age to age. His equipment did not consist merely in the possession of a stock of case law but in the power of perception.
-Nani A Palkhivala, Sr Advocate, constitutional law expert
Fyzee’s Cases on Muhammadan Law was published in 1965. Judicial trends in respect of Muslim personal law have since wholly changed in all parts of the subcontinent. Tahir Mahmood, well known for his scholarship in the field, has now revised Fyzee’s book by removing outdated material and incorporating new rulings. Updating an old casebook without changing its original scheme and thrust was an uphill task which the revising author has performed with great ability and expertise. The new edition will be a valuable addition to lawyers chambers and law libraries.
-Justice Khalil-ur-Rehman, former Chairman, shariat appellate Bench, Supreme Court of Pakistan
Asaf Fyzee and Tahir Mahmood are both respected names in the area of Muslim legal studies. The latter’s revised edition of Fyzee’s Cases on Muhammadan Law in view of its large number of new cases will be an asset for all those interested in the subject. Inclusion of separate sections on rulings from Pakistan and Bangladesh in the new edition has greatly enhanced the value of the book.
-Naima Haider, Assistant Attorney General, Dhaka, Bangladesh
Contents
INTRODUCTION
REFERENCES AND ABBREVIATIONS
Interpretation of texts
Who is a Muslim?
Hybrids
Custom
Marriage
Dower
Dissolution of marriage
Paternity and legitimacy
Guardianship
Illegitimate Child
Gifts
Life interests
Wakfs
Mosques
Pre-emption
Administration of estates
Inheritance
Customary law
Wills
GLOSSARY
INDEX OF STATUES
INDEX OF CASES
SUBJECT INDEX