PIL Fellowships 2020-2021 Announced! — Research + (new) Data Science Tracks

The Program in Islamic Law at Harvard Law School invites applications to its 2020-2021 Fellowship Program (due Jan. 31, 2020). Research Fellowships are designed to provide an intellectual home to promising young scholars in Islamic legal studies to advance their own research and to contribute to the intellectual life of the Program and the Harvard … Continue reading PIL Fellowships 2020-2021 Announced! — Research + (new) Data Science Tracks

Program in Islamic Law Celebrates Its New English Translation of al-Muwaṭṭaʾ

Earlier this fall, the Program in Islamic Law published the eighth volume in its Harvard Series on Islamic Law, an English translation of al-Muwaṭṭaʾ, the Royal Moroccan Edition, The Recension of Yaḥyā Ibn Yaḥyā al-Laythī. On December 9th, PIL celebrated the book’s launch by bringing together scholars from the accompanying online roundtable in a roundtable … Continue reading Program in Islamic Law Celebrates Its New English Translation of al-Muwaṭṭaʾ

Weekend Scholarship Roundup

Monika Zalnieriute and Catherine Weiss analyze the United Nations Human Rights Committee’s (HRC) consideration of legal prohibitions on Islamic face-coverings in Yaker v. France and Hebbadj v. France in "Reconceptualizing Intersectionality in Judicial Interpretation: Moving Beyond Formalistic Accounts of Discrimination on Islamic Covering Prohibitions," Islamic Law & Law of the Muslim World eJournal, (originally published … Continue reading Weekend Scholarship Roundup

A Literary Bureaucrat Scholar and Shaykh al-Islām: Ahmad Ārif Hikmet Bey Efendi

Studies on the Ottoman Shaykh al-Islāms are largely focused on a few names, their fatwās, and their relations with the state. It is a fact that the fatwā constituted a significant part of their writings because they were mostly dealing with legal issues while maintaining their duties as a Shaykh al-Islāms. In addition, although the … Continue reading A Literary Bureaucrat Scholar and Shaykh al-Islām: Ahmad Ārif Hikmet Bey Efendi

Shamim Ara and the “Judicialization” of Divorce

Case Summary Shamim Ara v. State of U.P. & Anr. is a family law case decided by the Supreme Court of India in 2002. In 1979, petitioner Shamim Ara filed suit against her husband, Abrar Ahmad, alleging that he deserted and failed to support her. Ahmad responded, in 1990, that he was under no obligation … Continue reading Shamim Ara and the “Judicialization” of Divorce

Ottoman Shaykh al-Islāms of the Nineteenth Century and their Intellectual Biographies

Foundational studies on Islamic legal history in the modern era have largely ignored ​​Ottoman legal thought and experience. This approach, which dominated the historiography of Islamic law written in the 20th century, prevents us from understanding the role played by fiqh in the Ottoman era, which shaped and guided the fields of law, economics and … Continue reading Ottoman Shaykh al-Islāms of the Nineteenth Century and their Intellectual Biographies

Weekend Scholarship Roundup

Radhika Kanchana addresses citizenship access to “outsiders” in Muslim-majority states in "How do Muslim States Treat their 'Outsiders'?: Is Islamic Practice of Naturalisation Synonymous with Jus Sanguinis?", Islamic Law & Law of the Muslim World eJournal, (originally published in Migration and Islamic Ethics: Issues of Residence, Naturalisation and Citizenship). Kanchana focuses mainly on the states’ practice … Continue reading Weekend Scholarship Roundup

Welcome to our January Guest Blogger: Necmettin Kizilkaya

It's a pleasure to introduce our guest blog editor for January: Necmettin Kizilkaya, Associate Professor of Islamic Law and Economics at the Faculty of Divinity, Istanbul University. He is director of the Center for Islamic Economics and Finance at Istanbul University. He earned his B.A in Islamic studies from Marmara University and an M.A in Islamic Law … Continue reading Welcome to our January Guest Blogger: Necmettin Kizilkaya

Thank you, Marion Katz and Ahmed El Shamsy!

Thank you to Marion Katz and Ahmed El Shamsy for joining us as guest blog editors throughout the month of December. In case you missed any of their posts, here they are: Marion Katz:  Law, Narrative, and the Case of Fāṭima’s Chores Folk Interpretation and the “Dark Matter” of Pre-Modern Islamic Law Law in Action, in … Continue reading Thank you, Marion Katz and Ahmed El Shamsy!

Comparative law, the role of the judge, and the law theorized

In this final post reflecting on my primary source seminar “Readings in Islamic law,” I want to highlight three further topics covered in the course. The first of these is the genre of comparative law (khilāf), for which we read writings by Ibn al-Mundhir from the early fourth/tenth century, al-Kadamī from the fourth/tenth century, and … Continue reading Comparative law, the role of the judge, and the law theorized

Fatwas: diverse in form, diverse in reach

After the first session of my Islamic law seminar this fall, I chose the readings for each class with an eye on the particular interests of the enrolled students. Accordingly, of the three fatwas we read, spanning the fourteenth and twentieth centuries, the first reflected one student’s interest in medical ethics. The fatwa in question … Continue reading Fatwas: diverse in form, diverse in reach