Islamic Law in Postcolonial India: A Study of the Qadis of Calicut (1947-2020)

In the south Indian state of Kerala, there is no Muslim judge officially appointed by the state. A Qadi is nominated instead by local Muslim institutions and operates outside the purview and control of state authority. This thesis examines the role of the Qadis of Calicut in regulating the social life of Muslims in postcolonial Kerala (1947-2020). It focuses on the work of two important Qadis appointed by the local maḥall committee in Calicut: Sayyid Ahmad Shihābuddīn (1922-1999), who officiated from 1947-1999, and Sayyid Muhammed Jamalullailī (b.1970), in office since 2008. The thesis explores how these Qadis apply Islamic law, regulate marriage and divorce, and interact with state institutions and community organizations. Drawing on Qadi records, local histories, legal sources, media contents, and interviews, I highlight how the Qadis' work is both guided by Islamic legal tradition and shaped by the Indian context. I first situate the Qadis in the context of wide-ranging debates about the application of Islamic law and the authority of Islamic legal institutions in postcolonial India. I then show how the role of the Qadi has been transformed in response to changing political and legal conditions in Kerala and India from 1947 until 2020. I argue that the Qadis of Calicut play an important role in adjudicating Islamic law, especially in issues relating to marriage and divorce, and that the effectiveness of the Qadis’ work rests on their ability to tap into the local Muslim community structures operating at a distance from state institutions.