Weekend Scholarship Roundup

  • In “Are the Limitations on Remedies Fair? A Comparative Study between the US Law and Islamic Law” (SSRN, May 18, 2021), Fahad Aldossary (Southern Methodist University – Dedman School of Law) discusses how US and Islamic laws situate and understand the legal concepts of “foreseeability, causation, mitigation, and certainty.”
  • In “Mapping The Common Law Concept of Misrepresentation in Contract Under The Islamic Law” (Journal of Contemporary Islamic Law 6, no. 1 (June 15, 2021)), Norhoneydayatie Abdul Manap (Universiti Kebangsaan Malaysia) and others discuss the concept of misrepresentation found in common law from an Islamic perspective, concluding that the notion of taghrīr is the “closest” concept to misrepresentation that is expressly recognized in sharī’a.
  • In “Averroës’ Takfīr of al-Ghazālı̄: Ta’wīl and Causal Kufr” (American Journal of Islam and Society 38, nos. 1-2 (May 3, 2021)), Saja Parvizian (Coastal Carolina University) discusses al-Ghazālī’s assertion that al-Fārābī and Avicenna are non-believers for holding philosophical views against Islam, adding that Averroës claimed that al-Ghazālī himself was a non-believer for falsely accusing, in Averroës’ opinion, the two philosophers of heresy.
  • In “Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On” (American Journal of Islam and Society 38, nos. 1-2 (May 3, 2021)), Ahmad Atif Ahmad (University of California, Santa Barbara) compares Shaybānī’s conception in his al-Mabsūṭ of different religious nations living under one Islamic empire to present-day United States and its Muslim minority, noting that under Shaybānī’s conception, religious minorities have collective rights in addition to individual rights as members belonging to a religious minority, the collective feature of which is absent in today’s legal structure in the United States.

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