Mulla's Principles of Mahomedan Law in Pakistani Courts: Undoing/Unraveling the Colonial Enterprise?

LUMS Law Journal Volume 4

24 Pages Posted: 29 Oct 2017 Last revised: 17 Jul 2018

Date Written: July 4, 2018

Abstract

Sir Dinshah Fardunji Mulla’s magnum opus the Principles of Mahomedan Law is a famous and frequently cited book on Muslim personal law in Pakistan. It was authored in British India and was immersed into the context which shaped it in numerous ways. It unfolds a window to understand the processes embryonic in the formation of Anglo-Muhammadan law during British colonial era of Indian subcontinent. In addition to exploring the nexus of Mulla’s book with its context, this paper surveys how it is treated by the courts in Pakistan. The courts generally turn towards Mulla’s book for ascertaining the point of view of Muslim personal law as it is the most concise, handy, and easy to use reference material on the subject sanctified by chain of precedents dating back to British India. In addition to the deference accorded to the book by the courts, one comes across those cases where the courts have gone beyond the dictums expounded by Mulla. These cases are not in plenty, but they appear to be an inchoate step towards undoing/unraveling the colonial enterprise underlying the construction of Anglo- Muhammadan law. The complicated relationship between Pakistani courts and Mulla has been readjusting over the years, but still it is difficult to attribute it any precise caption.

Keywords: DF Mulla; Islamic Family Law; Courts; Pakistan; British India; Colonialism

Suggested Citation

Cheema, Shahbaz Ahmad, Mulla's Principles of Mahomedan Law in Pakistani Courts: Undoing/Unraveling the Colonial Enterprise? (July 4, 2018). LUMS Law Journal Volume 4, Available at SSRN: https://ssrn.com/abstract=3056572 or http://dx.doi.org/10.2139/ssrn.3056572

Shahbaz Ahmad Cheema (Contact Author)

Punjab University - Law College ( email )

University Law College
University of the Punjab
Lahore, PA Punjab 54000
Pakistan

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