The Program in Islamic Law is Hiring

The Program in Islamic Law at Harvard Law School is recruiting for two positions: Associate Director. PIL is recruiting a Cambridge-based Associate Director with top-notch research, development, and program management skills to administer the Program, with particular emphasis on building its online portal combining Islamic law and data science / AI.  Associate Director details. Software Engineer. PIL at Harvard Law … Continue reading The Program in Islamic Law is Hiring

Molla Sali v. Greece and Undermining the Autonomy of Greece’s Muslims in Thrace: Equality versus Community

The European Court of Human Rights (“ECtHR”) in its recent Molla Sali v. Greece decision (Dec. 19, 2018) radically undermined the right of Greece’s Thrace Muslim community to preserve its legal autonomy within the structure of the Greek state and the broader European Union. First, the background: Greece’s Muslim population, which resided historically in the … Continue reading Molla Sali v. Greece and Undermining the Autonomy of Greece’s Muslims in Thrace: Equality versus Community

Recent Developments in Muslim Marriages and Civil Laws

Last summer, the Guardian reported on a legal proceeding in the United Kingdom that explored the extent to which UK law recognizes a marriage conducted according to Islamic law, yet unaccompanied by a civil law marriage. As described in the article, the husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. … Continue reading Recent Developments in Muslim Marriages and Civil Laws

Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

"Property and Its Rule (in Late Indo-Islamicate and Early Colonial) South Asia: What’s in a Name?" by Faisal Chaudhry, University of Dayton - School of Law; University of Dayton, published in the Journal of the Economic and Social History of the Orient. This article sets out a framework for understanding two key issues in the history of … Continue reading Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas

The years I spent working on the forthcoming translation of the Muwaṭṭaʾ overlapped in part with the rise of the Islamic State in Iraq and Syria (“ISIS”), and its claim to a caliphate. Among other outrages, ISIS introduced certain forms of slavery to the territory under its control, most prominently, concubinage. This decision was ostensibly … Continue reading Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas

In the News: Adnoc Distribution Granted Sharīʿa-Compliance Certification

This month, the UAE’s largest fuel and convenience retailer, Adnoc Distribution, was granted sharīʿa-compliance certification for its shares. As a result, brokerage units of Islamic banks will now be able to trade the company's stocks. As further elaborated in a SHARIAsource expert analysis authored by Paul Lee, there are three models of sharīʿa compliance: (1) the … Continue reading In the News: Adnoc Distribution Granted Sharīʿa-Compliance Certification

Islamic Law & Law of the Muslim World eJournal: September 6

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "The Role of Indonesian Constitutional Court in Resolving Disputes Among the State Organs" by Khairil Azmin Mokhtar, International Islamic University Malaysia, Aberystwyth University, and Iwan Satriawan, Universitas Muhammadiyah Yogyakarta. This paper attempts to assess the role of the Constitutional Court of Indonesia in the process … Continue reading Islamic Law & Law of the Muslim World eJournal: September 6

Is Islamic Purposivism (maqāṣid al-sharīʿa) a Thinly-Disguised Form of Utilitarianism?

Thanks to the efforts of modern Muslim legal reformers, the medieval jurisprudential doctrine of maqāṣid al-sharīʿa has become ubiquitous, not only in the legal writings of contemporary Muslim jurists and scholars of Islamic law, but also among the educated Muslim lay-public. Yet, the appeal to maqāṣid al-sharīʿa – which I will translate as purposivism in this post … Continue reading Is Islamic Purposivism (maqāṣid al-sharīʿa) a Thinly-Disguised Form of Utilitarianism?

Welcome to our September Guest Blogger: Mohammad Fadel

We are delighted to introduce our first monthly guest blogger for the 2019-2020 academic year: Mohammad Fadel, Professor at the Faculty of Law at the University of Toronto. Throughout the month of September, Professor Fadel will share a series of posts on diverse topics on Islamic law and legal history.  Professor Fadel holds a JD … Continue reading Welcome to our September Guest Blogger: Mohammad Fadel

In the News: Maldives

Last week, the Maldivian parliament received an emergency motion against the appointment of two female judges to the Supreme Court. As further elaborated in SHARIAsource’s Country Profile, the Maldives’ Constitution designates Islamic law is the principal source of legislation. The motion was proposed on the basis that the appointments would contradict Islamic principles and law. … Continue reading In the News: Maldives

Recent Scholarship: Gómez-Rivas on the Development of Legal Institutions in the Far Maghrib

Law and the Islamization of Morocco under the Almoravids: The Fatwās of Ibn Rushd al-Jadd by Camilo Gómez-Rivas. From the publisher: "Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the … Continue reading Recent Scholarship: Gómez-Rivas on the Development of Legal Institutions in the Far Maghrib