شریعت کا نوآبادیاتی عدالتوں میں نفاذ اقرار سے نسب کا ثبوت (ہدایت اللہ خان بنام رائے جان خانم کے تناظر میں) ایک جائزہ

Adjudication of the Sharī‘ah in the Colonial Courts: An Appraisal of Legitimacy by Acknowledgement with reference to Khajah Hidayut Ollah v. Rai Jan Khanam Case

Abstract

Focusing on one of the leading cases decided during the early colonial era, this study attempts to explore the causes that led to the rupture of Islamic law with the colonial administration of justice. The proceedings of the case, Khajah Hidayut Ollah v. Rai Jan Khanam, at different levels reflect the glimpses of the dominance of the concepts and philosophies the English judges had in their minds; along with the power of authority backed by colonial increasing military power in the Indian subcontinent. This article has three major parts. The first part provides the relevant rulings of Ḥanafī law about establishing the legitimacy of a child, owing to the case under discussion was about the proofs of establishing the legitimacy of one of the deceased’s alleged heirs as a son. The next part describes the events of the cases where the rulings of Islamic law were explored, interpreted, and applied. The third and final part analyses the factors that created complexities and ruptures of Islamic law in the days when the colonial legal system became unchallenged.