Divorcing Traditions Divorcing Traditions Islamic Marriage Law and the Making of Indian Secularism Katherine Lemons Cornell University Press Ithaca and London Copyright © 2019 by Cornell University All rights reserved. Except for brief quotations in a review, this book, or parts thereof, must not be reproduced in any form without permission in writing from the publisher. For information, address Cornell University Press, Sage House, 512 East State Street, Ithaca, New York 14850. Visit our website at cornellpress. c ornell. e du. First published 2019 by Cornell University Press Printed in the United States of Amer i ca Library of Congress Cataloging- in- Publication Data Names: Lemons, Katherine, author. Title: Divorcing traditions : Islamic marriage law and the making of Indian secularism | Katherine Lemons. Description: Ithaca [New York] : Cornell University Press, 2019. | Includes bibliographical references and index. Identifiers: LCCN 2018032569 (print) | LCCN 2018033069 (ebook) | ISBN 9781501734786 (epub/mobi) | ISBN 9781501734793 (pdf) | ISBN 9781501734762 | ISBN 9781501734762 (cloth : alk. paper) | ISBN 9781501734779 (pbk. : alk. paper) Subjects: LCSH: Divorce (Islamic law)— India. | Divorce— Law and legislation— India. | Islam and state— India. | Secularism— India. | L egal polycentricity—I ndia. Classification: LCC KNS577 (ebook) | LCC KNS577 .L46 2019 (print) | DDC 346.5401/6—d c23 LC rec ord available at https:// lccn . loc . gov / 2018032569 Contents Acknowl edgments vii PART I . THE STATE 1. Regulating Kinship u nder L egal Pluralism 3 2. Muslim Divorce, Secularism’s Crucible 35 PART II. T HE QAZI 3. Shari‘a Courts’ Family Values 69 4. The Converging Jurisprudence of Divorce 99 PART III. THE MUFTI 5. “Talaq, Talaq, Talaq . . .” 125 vi Contents 6. The Healing Jurist 168 Conclusion: Divorcing Traditions 191 Notes 197 Bibliography 209 Index 227 Acknowle dgments Like all books, I imagine, this one has been shaped and sustained by many people, in ways small and large. My debts to friends and interlocutors in Delhi and Lucknow are deep, and I am especially grateful to the qazis, muftis, mahila panchayat leaders, and disputants who took the time to teach me some of what they know. My interest in the ideas and prob lems I address here was sparked while I was at Berkeley. Lawrence Cohen has provided guidance, insight, and a model of capacious and creative intellectual life since I first met him. His support has been unwavering. Marianne Constable has been an unfailingly generous and careful reader since the beginning. Her vision for where this proj ect could go exceeds what the book has accomplished; perhaps a work on the rhe toric of anthropology is yet to be written. Saba Mahmood’s fierce intellectual determination, commitment to the stakes of anthropological re- search, and uncompromising standards undergird the efforts of this book. All three have continued to support and nurture this proj ect in the years since I left Berkeley, for which I am tremendously grateful. Barbara Metcalf viii Acknowl edgments generously read and commented on parts of the manuscript, and her in- sights have been influential. At Berkeley, friends propelled my intellectual life. To the rhetoricians— Diana Anders, Nima Bassiri, Michelle Dizon, Alice Kim, Yannick Thiem, Andrew Weiner, Yves Winter, and Ben Young— thanks for teaching me so much. To the anthropologists (and their allies)— Michael Allan, Dace Dze- novska, Angie Heo, Cindy Huang, Lucinda Ramberg, Tahir Naqvi, and Pete Skafish— thanks for welcoming me into the discipline and helping me learn my way about. My research in Delhi was made pos si ble and enjoyable by people beyond my immediate circle of interlocutors. I thank Nisha Kirpalani, Harpreet Anand, and Sajida Khan and her f amily for helping with and sharing hous- ing. Chitra Padhmanabhan and M. K. Venu have made Delhi a home. In their apartment I have been questioned and encouraged by many, among them Hartosh Bal, Nonika Datta, Basharat Peer, Sarim Naved, and Ananya Vajpeyi. Among the academic friends in Delhi who have read and discussed parts of this book with me are Ulka Anjaria, Jon Anjaria, Leo Coleman, Shalini Grover, Deepak Mehta, and Rajni Palriwala each of whom has contributed to my thinking. At Jamia Millia Islamia, I was welcomed by Dr. Kahkashan Danyal, Dr. Akhtarul Wasey, and Qazi Obaid ur Rehman Hashmi. Dr. Hashmi’s family— Mehnaz Obaid, Sana, Saba, and Amaan— warmly welcomed me into their home. A number of friends and colleagues have read chapters over the past few years, helping give shape to my ideas. They include Gretchen Bakke, Rachel Berger, Dace Dzenovska, Saida Hodzic, Sarah Pinto, Lucinda Ramberg, and Theresa Ventura. I have, furthermore, been lucky to have received ro- bust and probing comments in a number of workshops. I thank the follow- ing groups and participants for their generous but rigorous engagement: Rupa Viswanath, Nathanial Roberts, and Srirupa Roy, as well as the other members of CeMIS in Göttingen, Germany; Mayanthi Fernando, Joan Scott, Michael Allan, Judith Surkis, and Saba Mahmood; Tamir Moustafa, Jeffrey Sachs, Michael Peletz, and the other participants at the workshop on Islamic Law at Simon Fraser University; Arzoo Osanloo, Nada Moumtaz, Aria Nakissa, and the other participants in the workshop on Islam and For- giveness at the University of Washington; Leslie Orr and the working group on Religion and W omen’s Studies at Concordia University; the members of the Montreal working group on religion and media— Hillary Kaell, Setrag Acknowl edgments ix Manoukian, Kristin Norget, Armando Salvatore, and Jeremy Stolow; and those who asked astute questions at the Johns Hopkins University Depart- ment of Anthropology. For their interest in and ongoing discussions about this material I thank Srimati Basu, John Bowen, Joyce Burkhalter Flueck- iger, Jeff Redding, Mengia Hong Tschalär, Gopika Solanki, and Sylvia Vatuk. In Montreal, where I wrote most of this book, I am lucky to be sur- rounded by colleagues and friends who have offered critical guidance and feedback. My colleagues in the anthropology department at McGill University— Diana Allan, Nicole Couture, John Galaty, Sandra Hyde, Ed- uardo Kohn, Setrag Manoukian, Ron Niezen, Kristin Norget, Tobias Rees, Colin Scott, Lisa Stevenson, and Ismael Vaccaro— have been collegial and supportive, making this a hospitable environment in which to think, write, and collaborate. Beyond the anthropology department, Poulami Roychoud- hury and Narendra Subramanian have both been astute interlocutors. I am grateful to the students in my 2017 seminar on secularism for their energetic engagement with much of the material that informs this book. Catherine Larouche has provided invaluable help with the detail work required for publication. My undergraduate research assistants Myra Sivaloganathan and Samar Nisar worked diligently with me on vari ous court rec ords. I am humbled to have received five insightful anonymous reviews on the manuscript, and I thank these scholars for their seriousness and generosity. I hope the revisions reflect my appreciation for what they have done to make this a better book. I thank Jim Lance for his enthusiasm about the manuscript and his help with the publishing pro cess. Thanks to Matthew Wyman- McCarthy for a careful final edit and to Zahra Sabri for expert translitera- tion. The research and writing of this book have been supported by the American Institute of Indian Studies, the Fonds de Recherche du Québec Société et Culture (FRQSC), and McGill’s internal Social Science and Hu- manities Research Council Award. I owe Dace Dzenovska a special debt of gratitude. She has been discuss- ing this proj ect with me for over a de cade; her incisive questions reflect her intellectual generosity and her abiding commitment to argument. She has, through it all, been an unwavering friend. Fi nally, I thank my kin. Yves Winter’s scholarly acumen has both inspired and challenged me; his endless energy for discussion and debate, his unflagging belief in the proj ect, and his companionship have been both a source of energy and a ballast. I appreciate