PP991
Analítico de Periódico
BORRONI, Andrea, e outro
Comparing hybrid legal systems in India : similarities in diversity / Andrea Borroni, Marco Seghesio
Annuario di Diritto Comparato e di Studi Legislativi, v.7 (2016), p.543-590
DIREITO COMPARADO, DIREITO ISLÂMICO, DIREITO HINDU, SISTEMA JURÍDICO
The present essay deals with the genesis and development of two peculiar legal systems present in today’s India, that is to say the Anglo-Hindu and Anglo-Muhammadan laws. These hybrid bodies of law based, respectively, on Hindu and Islamic laws, are the result of the interaction of the two traditional Indian legal systems with the British colonial system of power and, in spite of India’s independence, they are still in force today, though partly amended, owing to the Country’s peculiar historical and social evolution. However, notwithstanding their singularity, these two systems are very frequently overlooked by comparatists. The present essay, therefore, attempts to, at least, shed a glimmer of light upon it. In it, after a short introduction of the subject matter, the history of the two legal systems will be examined, along with their genesis and the changes caused by their interaction with the system of colonial courts, including the consequences said interaction had on them as well as on the overall (and secular) Indian system. Finally, the essay will critically discuss the proposal to “secure for all citizens a uniform civil code throughout the territory of India” whose enactment in India would easily erase the existing systems of personal laws.