Sociological Jurisprudence Essay

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Sociological school of jurisprudence has emerged as a result of synthesis of various juristic thoughts. The exponent of this school considered las as a social phenomenon. They are mainly concerned with the relationship of law to other contemporary social institutions. They insist that the jurists should focus their attention on social purposes and interest served by law rather than on individuals and their abstract rights. According to this school, the essential characteristic of law should be to represent common interaction of men in social groups, whether past or present, ancient or modern.
Many authorities contend that sociological jurisprudence originated as a reaction to rigid legal positivism which relied on the fact that law is solely based on the coercive power of the State and completely rejected the pursuits of morality and justice as irrelevant in human relations. Likewise, it was also opposed to historical school’s undue insistence on past customs,
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Accordingly, in persuasion of policy of rendering social justice and economic security to a divorced Muslim wife and protecting her against social misery and economic impoverishment, the Supreme Court, in Shah Bano case applied Section 125 of the Code of Criminal Procedure, 1973 which provided for the duty of maintenance and observed that payment of mehr and maintenance during iddat period did not absolve the Muslim husband from the duty to pay maintenance to his divorced wife beyond the iddat period. It is, however, a different matter that Parliament adopted a policy of appeasing the minority community and in order to undo the effect of Shah Bano decision, enacted Muslim Women (Protection of Rights on Divorce) Act, 1986 and absolved the Muslim husband to pay the divorced wife beyond the iddat period and thus frustrated the humanitarian effort of the Apex

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