Personal Laws and Women’s Rights

Flavia Agnes

in Family Law Volume 1

Published in print April 2011 | ISBN: 9780198067900
Published online September 2012 | e-ISBN: 9780199081295 | DOI:
Personal Laws and Women’s Rights

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This chapter looks at the history of the laws governing different religious denominations, including their scriptural sources and their contemporary applications. The main argument in this chapter states that religious laws are really the laws of the people that were moulded by community practices. These laws are also influenced by the current political and socio-economic forces in society. The chapter also asks whether the rights of women have been sufficiently protected, along with an overreaching patriarchy that is both capitalist/contemporary and feudal/traditional. The discussions presented in this chapter are divided into nine sections, starting with a detailed overview of the personal law regime. The following sections are devoted to the Hindu, Islamic, Christian, Parsi, Jewish, and Civil laws, which pertain to marriage, right to property, succession, and divorce. In the final section, readers can find a discussion on the validity of customary laws.

Keywords: history of laws; religious laws; community practices; rights of women; personal law regime; marriage; succession; divorce; property rights; validity of customary laws

Chapter.  65882 words.  Illustrated.

Subjects: Family Law

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