Lucy Carroll
Biographic Data
| ID | 3686580 |
|---|---|
| NAME | Lucy Carroll |
| GIVEN NAMES | Lucy |
| FAMILY NAME | Carroll |
| SIGNATURE | CARROLL L |
| AFFILIATIONS | University of Cambridge |
| VERIFIED | No |
| TOTAL WORKS | 33 |
| TOTAL CITATIONS | 176 |
| AUTHOR COUNT | 33 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1940 |
| LATEST PUBLICATION YEAR | 2002 |
| H-INDEX | 8 |
The Pakistan Federal Shariat Court, Section 4 of the Muslim Family Laws Ordinance, and the Orphaned Grandchild
Section 4 of the Pakistan Muslim Family Laws Ordinance, 1961, dramatically altered the law of succession applicable to Muslims by granting to the orphaned grandchild(ren) the share that their deceased parent would have taken had s/he survived the propositus. The principle of representation incorporated in the Pakistani solution contrasts with the compulsory bequest relied upon by several Middle Eastern countries to deal with the same problem, alt…
Life Interests and Inter-Generational Transfer of Property Avoiding the Law of Succession
However highly eulogized as an intellectual and legal achievement, in practice many individuals consider that the Islamic law of succession would, in their particular circumstances, produce an inappropriate distribution of their estate. Several tactics have been utilized to avoid the application of the law of succession to some or all of the property. These tactics are either inconvenient to the donor (hiba) or can no longer be relied upon with c…
Orphaned Grandchildren in Islamic Law of Succession: Reform and Islamization in Pakistan
The Islamic law of succession, worked out in precision by the classical jurists from a few Qurʾanic verses, is regarded as the central core and prime achievement of the shariʿa. However, in the changed circumstances of the fifteenth century Hijra, attention has focused on some perceived inequities of the traditional scheme, raising challenging questions of whether and how the traditional law can be reformed. This essay examines Pakistan's attempt…
Muslim women and ‘Islamic divorce’ in England
Qurʾan 2: 229 “A Charter Granted to the Wife”
The study of Muslim law in South Asia highlights two important points: (i) what is termed Muslim law (or shariʿa) is not immutable; and (ii) to discuss Muslim law as a legal system in the modern world it is necessary to locate that legal system within the context of a nation-state.One of the most dramatic developments when the uncodified law applicable to Muslims in the new republic of Pakistan fell to be interpreted by Muslim judges of the super…
Application of the Islamic Law of Succession: Was the Propositus a Sunnī or a Shīʿī
One point at which the difference between Shīʿī and Sunnī law may dramatically and immediately impact upon the affairs of a Muslim family is on the occasion of the death of one of its members. The operation of the rules of succession frequently leads to very diverse results, depending on the sectarian affiliation of the deceased. The sectarian allegiance of the deceased, however, is not always easily ascertained, and the point may be contested by…
Definition and Interpretation of Muslim Law in South Asia: The Case of Gifts to Minors
Because the personal law applicable to Muslims in South Asia is almost totally uncodified, it is almost totally to be found in the decisions of the Courts which discover and apply it. Development of law on a case-law basis provides scope for both error and evolution. This paper focuses on the question of gifts to minors by looking at a pivotal Privy Council decision of 1928; the restrictive interpretation placed on that decision by the Courts of …
Definition and Interpretation of Muslim Law in South Asia: The Case of Gifts To Minors
Because the personal law applicable to Muslims in South Asia is almost totally uncodified, it is almost totally to be found in the decisions of the Courts which discover and apply it. Development of law on a case-law basis provides scope for both error and evolution. This paper focuses on the question of gifts to minors by looking at a pivotal Privy Council decision of 1928; the restrictive interpretation placed on that decision by the Courts of …
Daughter's Right of Inheritance in India: A Perspective on the Problem of Dowry
One may argue that it [i.e., dowry] is nothing but a gift of love and affection by the bride's father who is not obliged to give any share to his daughter by birth. Now, however, the law of succession has been changed, giving equal right of inheritance to the daughter along with the son under the Hindu Succession Act, 1956
Spectrum
Muslim minorities and legal questions in Australia: A rejoinder
A note on the Muslim wife's right to divorce in Pakistan and Bangladesh
R. v. H ammersmith R evisited: T he V iew F rom I ndia
The Ithna Ashari Law of Intestate Succession: An Introduction to Shia Law Applicable in South Asia
Perhaps the most striking and significant divergence between the Sunni and the Shi'i legal systems as a whole lies in their respective laws of inheritance. From a comparative standpoint the outstanding characteristic of the Shi'i law of inheritance is its refusal to afford any special place or privileged position to agnate relatives as such
Recognition of polygamous marriages in english matrimonial law: The statutory reversal of Hyde V. Hyde in 1972
A note on Muslim marriage in South Asia
(1984). A note on Muslim marriage in South Asia. New Community: Vol. 12, No. 1, pp. 162-166
Law, custom, and statutory social reform: The Hindu Widows' Remarriage Act of 1856
The Muslim Family in India: Law, Custom, and Empirical Research
The Hanafi Law of Interstate Succession: A Simplified Approach
There is no part of the sacred law ... which is regarded with such pride by Muslims, or has been worked out by their jurists in such extravagant detail, such meticulous precision or such a spirit of religious devotion. There is even a famous dictum attributed to the Prophet that a knowledge of the shares allotted to the various heirs under this system is equivalent to half the sum total of human knowledge
Nizam‐i‐Islam: Processes and conflicts in Pakistan's programme of Islamisation, with special reference to the position of women 1
(1982). Nizam‐i‐Islam: Processes and conflicts in Pakistan's programme of Islamisation, with special reference to the position of women. The Journal of Commonwealth & Comparative Politics: Vol. 20, No. 1, pp. 57-95
Talaq-i-Tafwid and Stipulations in a Muslim Marriage Contract: Important Means of Protecting the Position of the South Asian Muslim Wife
Muslim law confers supreme authority in marital relations on the husband, to such an extent that the husband can unilaterally and extra-judicially dissolve the matrimonial bond by pronouncement of the verbal formula of divorce (talaq). The wife's position may be to some extent protected by the fact that her deferred dower becomes payable to her upon termination of the marriage by divorce or the death of her husband. However, the dower may either …
The Muslim Family Laws Ordinance, 1961: Provisions and Procedures- A Reference Paper for Current Research
The Seavoyage Controversy and the Kayasthas of North India, 1901-1909
Seavoyage was a social reform issue of some concern to the Hindus of Upper India in the latter part of the nineteenth century and the early twentieth century. Clearly there were compelling incentives for seavoyage; equally clearly there was a convention which prohibited such travel in the belief that it contravened the law laid down in ancient texts. But social conflict is seldom as one-dimensional as these statements imply
Ideological factions in a caste(s) association — The Kayastha conference: Educationists and social reformers
The reception of the Muslim Family Laws Ordinance, 1961, in a Bangladeshi village: A critique of Jean Ellickson, 'Islamic institutions: perception and practice in a village in Bangladesh
Colonial Perceptions of Indian Society and the Emergence of Caste(s) Associations
Late nineteenth- and early twentieth-century "caste" organizations and "caste" polemics were, to a greater extent than has been appreciated, responses to foreign definitions of Indian society. The most important stimulus toward caste-cluster consciousness released by the British presence was neither their advanced technology (which revolutionized the means of communication and transportation) nor their military prowess and administrative skill (w…
Law, custom, and statutory social reform: The Hindu Widows' Remarriage Act of 1856
Talaq-i-Tafwid and Stipulations in a Muslim Marriage Contract: Important Means of Protecting the Position of the South Asian Muslim Wife
Muslim law confers supreme authority in marital relations on the husband, to such an extent that the husband can unilaterally and extra-judicially dissolve the matrimonial bond by pronouncement of the verbal formula of divorce (talaq). The wife's position may be to some extent protected by the fact that her deferred dower becomes payable to her upon termination of the marriage by divorce or the death of her husband. However, the dower may either …
Muslim women and ‘Islamic divorce’ in England
The Ithna Ashari Law of Intestate Succession: An Introduction to Shia Law Applicable in South Asia
Perhaps the most striking and significant divergence between the Sunni and the Shi'i legal systems as a whole lies in their respective laws of inheritance. From a comparative standpoint the outstanding characteristic of the Shi'i law of inheritance is its refusal to afford any special place or privileged position to agnate relatives as such
The Temperance Movement in India: Politics and Social Reform
The temperance/prohibition agitation represents a fascinating chapter in the social and political history of India which has been largely ignored. If any notice is taken of this movement, it is generally dismissed (or elevated) as an example of the uniquely Indian process of 'sanskritization' or as an equally unique component of 'Gandhianism'-in spite of the fact that the liquor question has not been without political importance in the history ei…
Daughter's Right of Inheritance in India: A Perspective on the Problem of Dowry
One may argue that it [i.e., dowry] is nothing but a gift of love and affection by the bride's father who is not obliged to give any share to his daughter by birth. Now, however, the law of succession has been changed, giving equal right of inheritance to the daughter along with the son under the Hindu Succession Act, 1956
The Hanafi Law of Interstate Succession: A Simplified Approach
There is no part of the sacred law ... which is regarded with such pride by Muslims, or has been worked out by their jurists in such extravagant detail, such meticulous precision or such a spirit of religious devotion. There is even a famous dictum attributed to the Prophet that a knowledge of the shares allotted to the various heirs under this system is equivalent to half the sum total of human knowledge
The Seavoyage Controversy and the Kayasthas of North India, 1901-1909
Seavoyage was a social reform issue of some concern to the Hindus of Upper India in the latter part of the nineteenth century and the early twentieth century. Clearly there were compelling incentives for seavoyage; equally clearly there was a convention which prohibited such travel in the belief that it contravened the law laid down in ancient texts. But social conflict is seldom as one-dimensional as these statements imply
Caste, Social Change, and the Social Scientist: A Note on the Ahistorical Approach to Indian Social History
The disciplinary dissection of Indian studies has divided Indologists into diverse academic unions, each with its own in-group jargon, research interests, and intellectual traditions. It has also created discontinuities in the units of analysis selected by scholars of different disciplines, which create in turn discontinuities between contemporary and historical studies of Indian society. Thus historians have generally not focused on caste or cas…
Nizam‐i‐Islam: Processes and conflicts in Pakistan's programme of Islamisation, with special reference to the position of women 1
(1982). Nizam‐i‐Islam: Processes and conflicts in Pakistan's programme of Islamisation, with special reference to the position of women. The Journal of Commonwealth & Comparative Politics: Vol. 20, No. 1, pp. 57-95
The Muslim Family Laws Ordinance, 1961: Provisions and Procedures- A Reference Paper for Current Research
Sanskritization," "Westernization," and "Social Mobility: A Reappraisal of the Relevance of Anthropological Concepts to the Social Historian of Modern India
Anthropologists have looked at caste associational activities at the turn of the century in terms of the concepts of "sanskritization" and "social mobility," while seeing post-Independence ascriptive-constituency associations devoted to "secular" or "western" interests and postulating a sequential, evolutionary development from "sanskritization" to "westernization" to account for the difference. This essay examines these three concepts and argues…
Life Interests and Inter-Generational Transfer of Property Avoiding the Law of Succession
However highly eulogized as an intellectual and legal achievement, in practice many individuals consider that the Islamic law of succession would, in their particular circumstances, produce an inappropriate distribution of their estate. Several tactics have been utilized to avoid the application of the law of succession to some or all of the property. These tactics are either inconvenient to the donor (hiba) or can no longer be relied upon with c…
The Muslim Family in India: Law, Custom, and Empirical Research
Origins of the Kayastha Temperance Movement
The Pakistan Federal Shariat Court, Section 4 of the Muslim Family Laws Ordinance, and the Orphaned Grandchild
Section 4 of the Pakistan Muslim Family Laws Ordinance, 1961, dramatically altered the law of succession applicable to Muslims by granting to the orphaned grandchild(ren) the share that their deceased parent would have taken had s/he survived the propositus. The principle of representation incorporated in the Pakistani solution contrasts with the compulsory bequest relied upon by several Middle Eastern countries to deal with the same problem, alt…
Definition and Interpretation of Muslim Law in South Asia: The Case of Gifts To Minors
Because the personal law applicable to Muslims in South Asia is almost totally uncodified, it is almost totally to be found in the decisions of the Courts which discover and apply it. Development of law on a case-law basis provides scope for both error and evolution. This paper focuses on the question of gifts to minors by looking at a pivotal Privy Council decision of 1928; the restrictive interpretation placed on that decision by the Courts of …
Orphaned Grandchildren in Islamic Law of Succession: Reform and Islamization in Pakistan
The Islamic law of succession, worked out in precision by the classical jurists from a few Qurʾanic verses, is regarded as the central core and prime achievement of the shariʿa. However, in the changed circumstances of the fifteenth century Hijra, attention has focused on some perceived inequities of the traditional scheme, raising challenging questions of whether and how the traditional law can be reformed. This essay examines Pakistan's attempt…
Qurʾan 2: 229 “A Charter Granted to the Wife”
The study of Muslim law in South Asia highlights two important points: (i) what is termed Muslim law (or shariʿa) is not immutable; and (ii) to discuss Muslim law as a legal system in the modern world it is necessary to locate that legal system within the context of a nation-state.One of the most dramatic developments when the uncodified law applicable to Muslims in the new republic of Pakistan fell to be interpreted by Muslim judges of the super…
Application of the Islamic Law of Succession: Was the Propositus a Sunnī or a Shīʿī
One point at which the difference between Shīʿī and Sunnī law may dramatically and immediately impact upon the affairs of a Muslim family is on the occasion of the death of one of its members. The operation of the rules of succession frequently leads to very diverse results, depending on the sectarian affiliation of the deceased. The sectarian allegiance of the deceased, however, is not always easily ascertained, and the point may be contested by…
The reception of the Muslim Family Laws Ordinance, 1961, in a Bangladeshi village: A critique of Jean Ellickson, 'Islamic institutions: perception and practice in a village in Bangladesh
Swami Shivagan Chand, Kayastha Conference Organizer
Kayastha Samachar: From a Caste—to a National Newspaper
Commercial Law of Quebec
Kayastha Samachar: From a Caste—to a National Newspaper
Origins of the Kayastha Temperance Movement
Caste, Social Change, and the Social Scientist: A Note on the Ahistorical Approach to Indian Social History
The disciplinary dissection of Indian studies has divided Indologists into diverse academic unions, each with its own in-group jargon, research interests, and intellectual traditions. It has also created discontinuities in the units of analysis selected by scholars of different disciplines, which create in turn discontinuities between contemporary and historical studies of Indian society. Thus historians have generally not focused on caste or cas…
Swami Shivagan Chand, Kayastha Conference Organizer
The Temperance Movement in India: Politics and Social Reform
The temperance/prohibition agitation represents a fascinating chapter in the social and political history of India which has been largely ignored. If any notice is taken of this movement, it is generally dismissed (or elevated) as an example of the uniquely Indian process of 'sanskritization' or as an equally unique component of 'Gandhianism'-in spite of the fact that the liquor question has not been without political importance in the history ei…
Sanskritization," "Westernization," and "Social Mobility: A Reappraisal of the Relevance of Anthropological Concepts to the Social Historian of Modern India
Anthropologists have looked at caste associational activities at the turn of the century in terms of the concepts of "sanskritization" and "social mobility," while seeing post-Independence ascriptive-constituency associations devoted to "secular" or "western" interests and postulating a sequential, evolutionary development from "sanskritization" to "westernization" to account for the difference. This essay examines these three concepts and argues…
Ideological factions in a caste(s) association — The Kayastha conference: Educationists and social reformers
The reception of the Muslim Family Laws Ordinance, 1961, in a Bangladeshi village: A critique of Jean Ellickson, 'Islamic institutions: perception and practice in a village in Bangladesh
Colonial Perceptions of Indian Society and the Emergence of Caste(s) Associations
Late nineteenth- and early twentieth-century "caste" organizations and "caste" polemics were, to a greater extent than has been appreciated, responses to foreign definitions of Indian society. The most important stimulus toward caste-cluster consciousness released by the British presence was neither their advanced technology (which revolutionized the means of communication and transportation) nor their military prowess and administrative skill (w…
The Muslim Family Laws Ordinance, 1961: Provisions and Procedures- A Reference Paper for Current Research
The Seavoyage Controversy and the Kayasthas of North India, 1901-1909
Seavoyage was a social reform issue of some concern to the Hindus of Upper India in the latter part of the nineteenth century and the early twentieth century. Clearly there were compelling incentives for seavoyage; equally clearly there was a convention which prohibited such travel in the belief that it contravened the law laid down in ancient texts. But social conflict is seldom as one-dimensional as these statements imply
Nizam‐i‐Islam: Processes and conflicts in Pakistan's programme of Islamisation, with special reference to the position of women 1
(1982). Nizam‐i‐Islam: Processes and conflicts in Pakistan's programme of Islamisation, with special reference to the position of women. The Journal of Commonwealth & Comparative Politics: Vol. 20, No. 1, pp. 57-95
Talaq-i-Tafwid and Stipulations in a Muslim Marriage Contract: Important Means of Protecting the Position of the South Asian Muslim Wife
Muslim law confers supreme authority in marital relations on the husband, to such an extent that the husband can unilaterally and extra-judicially dissolve the matrimonial bond by pronouncement of the verbal formula of divorce (talaq). The wife's position may be to some extent protected by the fact that her deferred dower becomes payable to her upon termination of the marriage by divorce or the death of her husband. However, the dower may either …
Law, custom, and statutory social reform: The Hindu Widows' Remarriage Act of 1856
The Muslim Family in India: Law, Custom, and Empirical Research
The Hanafi Law of Interstate Succession: A Simplified Approach
There is no part of the sacred law ... which is regarded with such pride by Muslims, or has been worked out by their jurists in such extravagant detail, such meticulous precision or such a spirit of religious devotion. There is even a famous dictum attributed to the Prophet that a knowledge of the shares allotted to the various heirs under this system is equivalent to half the sum total of human knowledge
Recognition of polygamous marriages in english matrimonial law: The statutory reversal of Hyde V. Hyde in 1972
A note on Muslim marriage in South Asia
(1984). A note on Muslim marriage in South Asia. New Community: Vol. 12, No. 1, pp. 162-166
R. v. H ammersmith R evisited: T he V iew F rom I ndia
The Ithna Ashari Law of Intestate Succession: An Introduction to Shia Law Applicable in South Asia
Perhaps the most striking and significant divergence between the Sunni and the Shi'i legal systems as a whole lies in their respective laws of inheritance. From a comparative standpoint the outstanding characteristic of the Shi'i law of inheritance is its refusal to afford any special place or privileged position to agnate relatives as such
Muslim minorities and legal questions in Australia: A rejoinder
A note on the Muslim wife's right to divorce in Pakistan and Bangladesh
Spectrum
Daughter's Right of Inheritance in India: A Perspective on the Problem of Dowry
One may argue that it [i.e., dowry] is nothing but a gift of love and affection by the bride's father who is not obliged to give any share to his daughter by birth. Now, however, the law of succession has been changed, giving equal right of inheritance to the daughter along with the son under the Hindu Succession Act, 1956
Political science (29 works) · Law (28 works) · Law (25 works) · Sociology (23 works) · History (14 works) · History (13 works) · Philosophy (13 works) · Philosophy (11 works) · Economics (10 works) · Islamic Studies and History (10 works)