By Anicée Van Engeland The Islamic Republic of Iran is not spared from the increasing number of people suffering from Alzheimer’s. Yet, Shīʿī jurisprudence provides little insight into the status … Continue reading Legal Incapacity and the Concept of Hajr Under Iranian Law: An Analysis of Civil Code in Relation to Mental Health
Commentary :: Minority Religious Legal Identity within the Modern Nation State: A Case Study of the Ismāʿīlī Constitution
By Aleema Jamal In 1986, the Aga Khan IV promulgated a global Ismāʿīlī Constitution, which brought the social governance of the Ismāʿīlī community under one umbrella. It was envisioned as … Continue reading Commentary :: Minority Religious Legal Identity within the Modern Nation State: A Case Study of the Ismāʿīlī Constitution
Islamic Center of Nashville v. State of Tennessee (6th Cir. 2017): Ijāra Financing Cancels Real Estate Tax Exemption for Financed Property
To fund construction for a new building without violating Islamic law's prohibition against interest, the Islamic Center of Nashville (ICN) entered into an ijāra agreement with Devon Bank; the bank created a … Continue reading Islamic Center of Nashville v. State of Tennessee (6th Cir. 2017): Ijāra Financing Cancels Real Estate Tax Exemption for Financed Property
Islamic Center of Nashville: Ijāra Financing Cancels Religious Tax Exemption for Financed Property
U.S. Editor Abed Awad examines the implications of the 6th Circuit's decision in September regarding the financing of an Islamic Center through ijāra. Case: Islamic Center of Nashville v. Tennessee, … Continue reading Islamic Center of Nashville: Ijāra Financing Cancels Religious Tax Exemption for Financed Property
Commentary :: Guardian Council and the Ultimate Power
By Marzieh Tofighi Darian This post analyzes the self-proclaimed power of Iran’s Guardian Council to strike down previously approved laws due to claims of inconsistency with sharīʿa. In order to contextualize … Continue reading Commentary :: Guardian Council and the Ultimate Power
Commentary :: How Was Secularism Added to the Turkish Constitution? The Varying Rationales
By Cem Tecimer While the founding fathers of the Turkish Republic erased reference to Islam in the Constitution in early 1928, it was not until 1937 that the term “secularism” … Continue reading Commentary :: How Was Secularism Added to the Turkish Constitution? The Varying Rationales
Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence
By Marzieh Tofighi Darian This post argues that there is an excessive focus on sharīʿa-compatibility for legislation and judicial decisions in Iran. Even when a law enters into force or … Continue reading Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence
Commentary :: The Aga Khan Case: An Example of the Law’s Role in Religious Identity Formation
By Aleema Jamal The Khoja Case, also known as the Aga Khan Case, is one of the rare cases profiling the Shīʿī Imāmī Nizārī Ismāʿīlī community (henceforth “Ismāʿīlīs”). Decided in … Continue reading Commentary :: The Aga Khan Case: An Example of the Law’s Role in Religious Identity Formation
Commentary :: The Case of Asia Bibi: Public Opinion and her Fight for Justice in Pakistan
By Aleema Jamal The Asia Bibi case is one of the recent manifestations of the blasphemy laws in Pakistan. The Applicant, Asia Bibi, a Christian woman, was sentenced to death … Continue reading Commentary :: The Case of Asia Bibi: Public Opinion and her Fight for Justice in Pakistan
Commentary :: The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya
By Aleema Jamal The two cases, Nurani v. Nurani and TSJ v. SJSR, exemplify the way in which the efficacy of the Ismāʿīlī community’s dispute resolution system is subservient to, and reliant upon, its … Continue reading Commentary :: The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya