This entry provides a definition and analysis of the term ijtihād, drawing on works by SHARIAsource Senior Scholar Sherman A. Jackson, King Faisal Chair in Islamic Thought and Culture and Professor … Continue reading Islamic Law Lexicon :: Ijtihād: the direct interpretation of scripture
Commentary: Vishwa Lochan Madan v. Union of India (2014) and the Uncertain Boundaries of Muslim Personal Law in India
This commentary, by SHARIAsource Southeast Asia editor Jeff Redding, explains crucial aspects of the 2014 Indian Supreme Court decision in Vishwa Lochan Madan v. Union of India, arguing that this highly-anticipated … Continue reading Commentary: Vishwa Lochan Madan v. Union of India (2014) and the Uncertain Boundaries of Muslim Personal Law in India
Contemporary Primary Sources: Vishwa Lochan Madan v. Union of India (Supreme Court of India, 2014)
Decided by the Supreme Court of India, Vishwa Lochan Madan v. Union of India decreed that fatwās issued by sharīʿa courts hold no legal leverage. Read the case.
Malaysian Custody Cases of Children Unilaterally Converted to Islam: Indira Gandhi Mutho v. Pathmanathan Krishnan (2016)
In this post, I examine an ongoing legal custody battle between a Hindu woman, Indira Gandhi Mutho against her former husband Pathmanathan Krishnan, who converted from Hinduism to Islam in … Continue reading Malaysian Custody Cases of Children Unilaterally Converted to Islam: Indira Gandhi Mutho v. Pathmanathan Krishnan (2016)
When Fatwā Becomes Law: Examining the Fatwā’s Place in the Malaysian Islamic Legal System
In the 1997 Miss Malaysia Controversy, two contestants of the Miss Malaysia Petite Contest were fined by the Syariah (Ar. sharīʿa) High Court in Kuala Lumpur for breaching a fatwā, … Continue reading When Fatwā Becomes Law: Examining the Fatwā’s Place in the Malaysian Islamic Legal System
Islam vs. Liberalism? An Analysis of an Opinion issued by a Malaysian Fatwā Council in July 2014
This article examines the content of a fatwā issued and published into law on 31 July 2014 by the fatwā committee of a state in Malaysia named Selangor. The fatwā … Continue reading Islam vs. Liberalism? An Analysis of an Opinion issued by a Malaysian Fatwā Council in July 2014
Commentary :: The US, the UK, and the Model of Competitive Equality
This commentary, by SHARIAsource U.A.E. and Malaysia editor Paul Lee, examines the U.S. and the U.K. as an example of a model of competitive equality for the regulation of sharīʿa compliance in … Continue reading Commentary :: The US, the UK, and the Model of Competitive Equality
Challenging a “Deviancy” Charge in a Civil Court: Sisters in Islam Files for Judicial Review against a Fatwā
On September 19th, 2016, Malaysia’s Federal High Court dismissed an application for judicial review filed by the feminist organization Sisters in Islam (SIS). The group had filed a petition for … Continue reading Challenging a “Deviancy” Charge in a Civil Court: Sisters in Islam Files for Judicial Review against a Fatwā
Case Note: Sarsour v. Trump (E.D. Va. 2017): Upholding the “Muslim Ban” 2.0
Contributed by Katherine Gonzalez. On March 6, 2017, President Donald J. Trump issued a revised Executive Order which barred, with certain exceptions, entry to the United States of nationals from … Continue reading Case Note: Sarsour v. Trump (E.D. Va. 2017): Upholding the “Muslim Ban” 2.0
Country Profile: Maldives
This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Maldives (Dhivehi Raajjeyge Jumhooriyyaa), based on research produced by the Library of Congress. Under the Maldives' … Continue reading Country Profile: Maldives