Everyday Islamic Law and the Making of Modern South Asia - (Islamic Civilization and Muslim Networks) by Elizabeth Lhost (Paperback)

About the Book

"Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change"--

Book Synopsis

Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system.

Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.

Review Quotes

"A remarkable piece of research. . . . Lhost has enabled us to understand much better the relations between Muslim judges and the state in British India. She has also enabled us to understand how ordinary human beings, in particular women, might use the law to better their positions. This is a major work in the history of Muslim South Asia."--Journal of Islamic Studies

"A thoroughly researched, well-written, and important examination of how qazis, muftis and ordinary individuals shaped everyday Islamic law in 19th century South Asia, and how their concerted efforts helped maintain a robust presence of Islamic law in various legal fields. . . . [A] valuable resource to anyone hoping to learn more about the history of Islamic law under colonial rule."--Journal of Islamic and Near Eastern Law

"Evocative. . . . In refusing to bury . . . experiences deviating from common expectations, [Lhost] makes clear that the day-to-day life of Islamic legal practice defies top-down scripting and must be studied from the bottom up."--Law & Social Inquiry

"This innovative and unusual study does yeoman work in capturing the habitual experiences of Muslim jurists, judges, and claimants as they navigated vying--and occasionally overlapping--legal systems."--Journal of Church and State

"Everyday Islamic Law and the Making of Modern South Asia is an impressive accomplishment for its breadth and specificity. It would be a mandatory addition to graduate courses on South Asia, Islam, and religion. . . . By foregrounding the small questions that have big impacts in people's lives--and that fascinated the British imperial powers--Lhost is able to capture how a system of authority both changed and remains."--American Historical Review

"[An] erudite debut. . . . The meticulous regard for quotidian processes and overlooked cases makes for an intimate study of the sometimes befuddling world of Islamic law in British India. Scholars will find this a detailed and nuanced chronicle."--Publishers Weekly

"A unique contribution that demonstrates the author's dexterity in Islamic and South Asian studies."--Reading Religion