Shristi Choudhary, Vivekananda Institute of Professional Studies
ABSTRACT
This study explores Sir Henry Maine's Patriarchal theory and its application to the issue of Triple Talaq in Islamic divorce, highlighting criticisms and legal reforms. It underscores the evolving legal landscape in addressing gender discrimination, emphasizing the need for adaptive legal systems in contemporary society.
Introduction
Sir Henry James Sumner Maine (August 15, 1822 – February 3, 1888) was a distinguished British jurist and legal historian renowned for pioneering the study of comparative law, primitive law, and anthropological jurisprudence. He is most notably associated with the British Historical School of Jurisprudence. Maine held the position of Professor of Civil Law at the University of Cambridge and also served on the Council of the Governor General of India from 1863 to 1869, significantly contributing to the codification of Indian law.
His seminal work, "Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas" (1861), is highly acclaimed. In this work, Maine drew insights from Roman law, various European legal systems, Indian law, and primitive law to explore and define legal concepts.
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