Islamic Law in Modern Courts (Introduction)
Islamic Law in Modern Courts, Aspen Casebook Series, 2018, ISBN: 978-1-4548-3039-9
By Haider Ala Hamoudi and Mark Cammack
Posted on SSRN on 5 Jun 2018
Abstract
This the first chapter of an entire published casebook on Islamic Law, and specifically the application of Islamic Law in modern courts. We expect that the work will be useful to any instructor or student interested in teaching, or learning, how modern courts in various jurisdictions apply Islamic law, irrespective of prior knowledge of Islamic law, if any. The work focuses primarily, though not exclusively, on court decisions in Iraq and Indonesia, with a lesser focus on Egypt, Malaysia, Singapore, and Pakistan. There are decisions from U.S. and U.K. courts as well. The subjects covered include inheritance, marriage and divorce, Islamic finance, the waqf, criminal law, and constitutionalism.
“Moral Economies”
China and Islam: The Prophet, the Party, and Law (Cambridge University Press, 2016. Pp. 260-304.)
By Matthew Erie
Posted on SSRN on 18 Jun 2018
Abstract
Chapter 6 “Moral Economies” of China and Islam: The Prophet, the Party, and Law examines the financing of Islamic revival as one dimension of the minjian (popular, unofficial), specifically through Hui (Chinese Muslim) exchange, allocation of material assets, and investment in resources. Whereas Hui practice local forms of barter in the sheep hide markets of Linxia as well as engage in charitable giving mostly beyond state regulation, the state has sought to control (i.e., make “official”) emergent Islamic banking services in Ningxia, with their potential to create channels for funds from the Middle East into China. Hui moral economies consist of uses of money and property that are shaped by, but not wholly reducible to, “Islamic,” “socialist,” or “capitalist” models of economic behavior. Sources of money and the purposes to which they are put fund China’s Islamic revival and the forms it is taking, whether “official,” neoconservative, mystical, or so on. The flow of such resources within Northwest China and across borders further rests the boundary between the Hui social field and the security state.