By Esther Agbaje Bankruptcy is a potential outcome most people do not like to discuss. This may be why Islamic finance regulators give limited attention to dissolving, discharging, or repaying … Continue reading Bankruptcy Laws in the UAE and Malaysia Lack Islamic Principles
Country Profile: The Ottoman Empire
By Gizem Orbey Background summary: Legal history survey Demographics. The Ottoman Empire was a sprawling and powerful multinational, multicultural state founded by Oghuz Turks in 1299 in Anatolia and dissolved … Continue reading Country Profile: The Ottoman Empire
Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws
By Gizem Orbey In an earlier series of posts, I argued that that a sharīʿa-compliant patent law regime is possible and can even provide valuable new ideas for solving issues … Continue reading Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws
Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime
By Gizem Orbey In earlier posts, I argued that a sharīʿa-compliant Islamic patent regime is not only possible, but could supply fresh ideas for solving certain co-ownership problems extant in … Continue reading Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime
Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems
By Gizem Orbey In another post, I argue that it is possible to derive a sharīʿa-compliant Islamic patent regime that is in harmony with U.S. and international patent law principles, … Continue reading Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems
Opening the Door to Constitutional Challenges to Muslim Personal Law in India, with Polygamy as a Starting Point
Historically, India’s Supreme Court has been hesitant to address the constitutionality of Muslim personal law, including of the practice of polygamy. In this post, however, I argue that the Court’s … Continue reading Opening the Door to Constitutional Challenges to Muslim Personal Law in India, with Polygamy as a Starting Point
Unilateral Talaq and the Indian Supreme Court’s Responsiveness to Perceptions within India’s Muslim Community
The parameters of the right of a husband to divorce his wife unilaterally through the pronunciation of ‘talaq’ three times (“triple talaq” or “unilateral talaq”) has been hotly contested in … Continue reading Unilateral Talaq and the Indian Supreme Court’s Responsiveness to Perceptions within India’s Muslim Community
Judges on Cushions and Under Trees: Thoughts on “Qadi Justice” and Hyperpolemics
This post reviews and critiques a new article in the Suffolk Law Review by Intisar Rabb entitled Against Kadijustiz: On the Negative Citation of Islalmic Law as Foreign Law. Her main focus is on … Continue reading Judges on Cushions and Under Trees: Thoughts on “Qadi Justice” and Hyperpolemics
Case Study: The Shariat Appellate Bench of Pakistan and the Review of the Federal Shariat Court’s Riba Decision
In 1992, the Pakistani Federal Shariat Court (FSC) declared riba[1] un-Islamic.[2] The Shariat Appellate Bench (SAB I) of the Pakistani Supreme Court upheld this decision in 1999,[3] and stated that … Continue reading Case Study: The Shariat Appellate Bench of Pakistan and the Review of the Federal Shariat Court’s Riba Decision
Qatari Labor Practices and the Not-So-Beautiful Game
By Meagan Froemming “Up to 600 deaths per year in furtherance of Qatar’s World Cup 2022 dream,” says the International Trade Union Confederation in its recent damning report entitled, The … Continue reading Qatari Labor Practices and the Not-So-Beautiful Game