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Co-published in 1998 by Women Living Under Muslim Laws (WLUML) : International Solidarity Network B.P. 20023, 34791 Grabels Cédex France & Women’s Research Action Group (WRAG) P.O. Box 18773 Bombay- 400 098 India Acknowledgments: WLUML and WRAG are grateful to Lucy Carroll for compiling and editing this volume. We are thankful to Ahmad Ibrahim, Danial Latifi, Javed Anand, Seema Mustafa and Tahir Mahmood for granting us permission to rearrange and print their papers in this volume. We acknowledge with thanks permission granted by All India Reporter (AIR), Orient Longman Ltd., and Kerala Law Times to reprint materials previously published by them. We also would like to acknowledge the support of Amrita Chhachhi, Vahida Nainar, Atul Seetalvad, Justice Gholam Rabbani, Asghar Ali Engineer, Imarana Quadeer, Seema Kazi, Shabnam Siddiqui, Teesta Seetalvad, Salma Sobhan, Ain O. Salish Kendra (Dhaka), Marie Aimée Hélie-Lucas, Grace Huschle- Delobel. Cover design and page layout by Crayon & Cie, Montpellier, France. Permission to reprint the materials included in this volume should be obtained directly from the contributing authors/organisations. ISBN: 2-912606-00-4
Contents Foreword Danial Latifi 7 Introduction Lucy Carroll 13 Part 1 Md. Hefzur Rahman v. Shamsun Nahar Begum 47 (1995) Dhaka Law Reports 54 Mohammad Gholam Rabbani and Syed Amirul Islam, JJ. 19 Shah Bano: Bangladesh Shows the Way A.G. Noorani [Communalism Combat, April 1996] 25 The Shah Bano Case: Written Arguments on Behalf of the Respondent [Shah Bano] Danial Latifi, Senior Advocate S. Shaukat Husain, Advocate 27 Imam Shafei on Al Quran II:241 Trans. Danial Latifi 31 Extract from: Statement of Objects and Reasons Issued with the Bill which became the Dissolution of Muslim Marriage Act, 1939 [Gazette of India, 1936, 5:154] 33 Divorced Muslim Women in India: Shah Bano, the Muslim Women Act, and the Significance of the Bangladesh Decision, Lucy Carroll 35 Extracts from: Report of the Pakistan Commission on Marriage and Family Laws [Gazette of Pakistan, 20 June 1956] 51 A Pakistani View of Muslim Law Rafiullah Shahab [Times of India, 3 March 1986] 53 Part 2 Selection of Articles and Documents Concerning Mataa, CrPC, Shah Bano, and Muslim Women Act Text of Chapter IX (Maintenance Orders) Criminal Procedure Code, Act II of 1974. [India] 59
Page 1 and 2: Women living under muslim laws Femm
Page 4 and 5: Shah Bano and the Muslim Women Act
Page 8 and 9: Muslim Husband’s Liability under
Page 10 and 11: Part 5 Stop Press Jesmin Sultana v.
Page 12 and 13: Shah Bano, MW Act, and Mataa [1] Th
Page 14 and 15: Shah Bano, MW Act, and Mataa Ironic
Page 17 and 18: Introduction Lucy Carroll One decad
Page 19: Introduction A decade on, the event
Page 23 and 24: Md. Hefzur Rahman v. Shamsun Nahar
Page 25 and 26: 47 (1995) Dhaka Law Reports 54 High
Page 27 and 28: 47 (1995) Dhaka Law Reports 54 High
Page 29 and 30: Shah Bano: Bangladesh Shows the Way
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Page 37: [Extract from] Statement of Objects
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Page 48 and 49: Shah Bano, MW Act, and Mataa And be
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A Pakistani View of Muslim Law Rafi
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Ancient Practice In the light of th
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Text of Chapter IX (Maintenance Ord
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Criminal Procedure Code, 1974, Chap
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Muslim Husband’s Liability under
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Views on Maintenance for Divorced W
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Views on Maintenance for Divorced W
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Shah Bano, MW Act, and Mataa verses
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Shah Bano, MW Act, and Mataa Among
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Mohd. Ahmed Khan v. Shah Bano Begum
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(1985) 2 Supreme Court Cases 556 pl
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(1985) 2 Supreme Court Cases 556 pe
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(1985) 2 Supreme Court Cases 556 12
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(1985) 2 Supreme Court Cases 556 Ar
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(1985) 2 Supreme Court Cases 556 am
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(1985) 2 Supreme Court Cases 556 na
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(1985) 2 Supreme Court Cases 556 th
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Shah Bano, MW Act, and Mataa Throug
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Shah Bano, MW Act, and Mataa Dissol
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Shah Bano, MW Act, and Mataa Prophe
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Shah Bano, MW Act, and Mataa interp
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Shah Bano, MW Act, and Mataa humani
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Shah Bano, MW Act, and Mataa be exp
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Shah Bano, MW Act, and Mataa Annexu
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Shah Bano, MW Act, and Mataa 13. Co
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Shah Bano, MW Act, and Mataa 110 11
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Shah Bano, MW Act, and Mataa 101. S
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Shah Bano, MW Act, and Mataa (a) a
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Shah Bano, MW Act, and Mataa to sub
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Shah Bano, MW Act, and Mataa retrog
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Shah Bano, MW Act, and Mataa under
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Shah Bano, MW Act, and Mataa him. 1
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Shah Bano, MW Act, and Mataa women
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Shah Bano, MW Act, and Mataa questi
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Shah Bano, MW Act, and Mataa line w
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Shah Bano, MW Act, and Mataa Postsc
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Shah Bano, MW Act, and Mataa minori
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Shah Bano, MW Act, and Mataa which,
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Shah Bano, MW Act, and Mataa (iv) i
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South Africa (Abstracted from mater
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142
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Shah Bano, MW Act, and Mataa These
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Shah Bano, MW Act, and Mataa Mahr N
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Shah Bano, MW Act, and Mataa Pay Re
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Shah Bano, MW Act, and Mataa Woman
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Shah Bano, MW Act, and Mataa as “
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Shah Bano, MW Act, and Mataa mainte
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Shah Bano, MW Act, and Mataa The ar
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Shah Bano, MW Act, and Mataa liabil
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Shah Bano, MW Act, and Mataa means.
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Shah Bano, MW Act, and Mataa decisi
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Shah Bano, MW Act, and Mataa husban
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Shah Bano, MW Act, and Mataa 26. Th
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Shah Bano, MW Act, and Mataa laid d
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Shah Bano, MW Act, and Mataa law la
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Shah Bano, MW Act, and Mataa contin
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Shah Bano, MW Act, and Mataa learne
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Shah Bano, MW Act, and Mataa 2. In
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Shah Bano, MW Act, and Mataa woman
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Shah Bano, MW Act, and Mataa the fo
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Shah Bano, MW Act, and Mataa the hu
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Shah Bano, MW Act, and Mataa iddat.
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Shah Bano, MW Act, and Mataa conten
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Shah Bano, MW Act, and Mataa ideas.
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Shah Bano, MW Act, and Mataa its or
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Shah Bano, MW Act, and Mataa Magist
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Shah Bano, MW Act, and Mataa Thus A
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Editorial Note: The passage quoted
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Shah Bano, MW Act, and Mataa of thi
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Shah Bano, MW Act, and Mataa entitl
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Shah Bano, MW Act, and Mataa propon
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