Law, Islamic Law, and the Tyabji Clan: Muslim Family and Legal Culture in Colonial Bombay

Abstract

Very few families in India can match the kind of erudition and legal standing than the Tyabjis of Bombay. From the time of Badruddin Tyabji (1844-1906), mostly known for his leadership in the early Indian National Congress, to multiple other members of his clan running through generations such as his son Faiz Badruddin Tyabji (1877-1950) and grandson Badruddin Faiz Tyabji (1907-1995), a senior Indian Civil Service officer who served as the Vice Chancellor of Aligarh Muslim University, this family and the larger clan’s contribution to the field of law and in shaping the understanding of Islamic law is immense.

All the eight sons of Tyab Ali (1803-1863), father of Badruddin Tyabji and the patriarch of the family, went to London for higher studies and upon their return, they all served as barristers and pursued successful and lucrative careers. This was a rare distinction, not to mention the fact that this family gave many firsts in the legal field. Despite their disproportionately large role in the field of law, the Tyabjis have mostly been studied within the parameters of politics and reform. While placing this family within the field of law, this paper examines how their engagement with debates on secular issues such as the Age of Consent Bill as well as specific areas of Hanafi and Ithna ‘Ashari Islamic laws contributed towards the shaping of both Muslim personal law as well as democratization of the legal space.