By Meagan Froemming Many identify the absence of clear regulatory standards as the most significant challenge to the Islamic finance industry’s continued growth.[1] Yet, is the development of a uniform … Continue reading Islamic Finance in a New Key, or Is Regulation the Answer?
Pakistan’s Anti-Rape Laws Bill: Panacea or Posturing?
By Nimra Azmi In March 2015, the Pakistani Senate unanimously passed the Anti-Rape Laws Bill of 2014. (While the Anti-Rape Laws Bill has passed in the upper house, it is … Continue reading Pakistan’s Anti-Rape Laws Bill: Panacea or Posturing?
Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums
By Mohammad Sagha The issue this paper seeks to address is how Ayatollāh Sayyīd Rūhullāh Khumaynī (d. 1386 sh./1989) conceptualized the collection of khums under the theory of the “Guardianship … Continue reading Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums
The Sharifian Decree of May 16, 1930 – The “Berber Decree” of Morocco
The Sharifian Decree of May 16, 1930 (the “Berber Decree”) promulgated eight articles that specified the administration of civil and penal justice for Moroccan Berber tribes. Interpreted by Moroccan nationalists … Continue reading The Sharifian Decree of May 16, 1930 – The “Berber Decree” of Morocco
Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists
By Mohammad Sagha This post examines how two Ṣafavid-era jurists, Ḥussayn b. ʽAbd al-Ṣamad al-ʽĀmilī (d. 985/1577-8),[1] and Muḥammad Bāqir Majlisī (d. 1111/1698) conceptualized the authority to collect and spend … Continue reading Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists
Judicial Authority and Roots of Twelver Shīʽī Tax Theory
By Mohammad Sagha The main question this study addresses is: how can the delegation of authority within the Shīʽī* community after the Minor Occultation of the Twelfth Imām in 260/874 … Continue reading Judicial Authority and Roots of Twelver Shīʽī Tax Theory
Historical Roots of Twelver Shīʽī Legal Tax Theory
By Mohammad Sagha This post provides a basic historical background, evolution, and categorization of Shīʽī[1] attitudes on religious financial obligations (known as zakāt and khums) as conceived of by Shīʽī … Continue reading Historical Roots of Twelver Shīʽī Legal Tax Theory
A Patchwork Pakistani: Gang Rape, Jurisdiction, and the Mukhtar Mai Case
By Nimra Azmi In 1999, Pakistan passed an amendment to the 1997 Anti-Terrorism Act.[1] This Amendment listed gang rape, child molestation, and robbery coupled with rape as terrorist acts under … Continue reading A Patchwork Pakistani: Gang Rape, Jurisdiction, and the Mukhtar Mai Case
The Protection of Women Act vs. the Hudood Ordinance: A Federal Shariat Court Challenge
By Nimra Azmi Pakistan’s 2006 Protection of Women Act (PWA) should have been a victory for progressive Pakistani forces, a definitive end to the 1979 Hudood Ordinances’ draconian reign over … Continue reading The Protection of Women Act vs. the Hudood Ordinance: A Federal Shariat Court Challenge
Rape & the Hudood Ordinance: A Lost Opportunity
By Nimra Azmi From 1979 until 2006, the Zina Ordinance, a subsection of the Hudood Ordinances, governed rape under Pakistani law.[1] The Hudood Ordinances were implemented during the rule of … Continue reading Rape & the Hudood Ordinance: A Lost Opportunity