In Shergill & Others v. Khaira & Others [2014] UKSC 33, the UK courts considered whether a Sikh holy saint had the power to dismiss trustees who questioned his “succession” to the religious institution of the Nirmal Kutia Johal. The Supreme Court, reversing the decision of the Court of Appeal that religious questions were “nonjusticiable,” reinstated the judgment at first instance of the High Court to the contrary. The decision of the Supreme Court is important because whenever questions of the identification and legitimacy of successors to a religious institution have arisen, their “justiciability” before a secular court has invariably been a bone of contention on grounds that it threatens the autonomy of religious institutions. In Shergill the Supreme Court got around these concerns by drawing a normative distinction between the public law of the land (which the courts are required to determine), and the internal private law of a religious institution on matters of succession, ordination, and removal (which are not in themselves for the courts to decide). But Shergill also went further than previous case law in two respects. First, the fundamental tenets of a belief system are capable of an objective assessment by a secular court provided that there is public law element to a dispute, in which case the court can then decide on the fitness of the successor for office. This means there is no general presumption that a secular court is barred from considering religious questions per se. Second, these principles apply just as much to the judicial consideration of non-Christian faiths as they to the Christian religion, and this is so notwithstanding the court's unfamiliarity with other faiths.

This article situates the ‘personal law’ in late colonial India in the nineteenth-century genealogy of the idea of ‘family law.’ In doing so, it also looks at a case between Indian Muslim spouses before the judge and Islamic modernist Syed Mahmood. Involving the doctrine of the restitution of conjugal rights, the case was conducted in the shadow of a question about whether marriage was a status or contract that had a much wider resonance in the late nineteenth-century Anglo-common law world. The overall goal of the article is to critically reconsider a common view about legal modernization in the long nineteenth-century Islamicate world as a process of domesticating the Islamic sharīʿa tradition to the sphere of family affairs and personal status. Working along a distinct path from other new scholarship that is moving past this thesis, I suggest that domestication should be seen as part of what some have called the globalization of classical legal thought after 1850. Because the era of domestication continued to be an important point of reference for later exponents of political Islam the article also argues that seeing the categories of personal law and family law genealogically has implications for the problem of translation that has often made scholars reticent about striking an equivalence between ‘Islamic law’ and sharīʿa (or beyond the Islamicate world, between ‘modern law’ and Afro-Asian juridical tradition).

Engaging debates around ethnic nationhood and knowledge production, this article examines the influence of Bible translation on corporate identity formation in Toro and Ituri (1900–40). It studies translations instigated by one individual to investigate textual agency wherever it leads. The translator Apolo Kivebulaya promoted adherence to Christianity as an inclusive and linguistically-plural global community. His translation for the Mbuti, which had limited circulation among its intended audience, shows an aspect of this global community at work, remaking the international image of the Mbuti. His earlier Runyoro-Rutoro translation, however, encouraged a local and political form of corporate identity in which translation and Old Testament stories helped to form an ethnic moral economy. In focusing upon Bible translation among the Toro and the Mbuti, the article moves from the politically influential Ganda, the focus of much historiography of Christianity in East Africa, and explains the roots of later revivalism and patriotism.