Islamic Law Scholarship Roundup

  • In “The Dominion of Rights, the Resistance of Duties” (Rutgers Journal of Law and Religion 22, no. 3 (2022)), Adnan A. Zulfiqar (Rutgers Law School) “argues that while colonial domination had devastating consequences for patterns of life, social order and communal ties, its most profound impact was on the paradigm shift it produced that became a pathway for perpetual subjugation. The paradigm shift occurred through the introduction of a “rights” framework into the realm of law in the Global South. What this rights paradigm displaced was a framework premised on the idea of duty, where moral and legal obligation structured guidance on the expected and accepted behavior in society.”
  • In “Between Treatment and Enhancement: Islamic Discourses on the Boundaries of Human Genetic Modification” (Journal of Religious Ethics, October 18, 2022), Ayman Shabana (Georgetown University) “concentrates on Islamic perspectives on human genetic modification.”
  • In “Iranian Music Censorship & International Human Rights Law” (Brooklyn Journal of International Law 47, no. 1 (2022)), Cameron Moody “seeks to examine the ways in which the existing U.N. framework for promoting musician’s rights fails to apply to the situation in Iran. Despite Iran being a signatory to the foundational UN Human Rights treaties, the country routinely flouts these rights.
  • In “The Allah Case: What is the Name of God?” (SSRN, September 27, 2022), Joshua Neoh (Australian National University) examines a federal case in Malaysia on the question of the name given to God, which the court ruled is and should be Allah.
  • In “Legal Competence in Sharīʿa Courts in Israel – Between State Law, Sharīʿa, and the Perception of the Role of the Courts” (SSRN, March 14, 2022), Oren Asman (Sagol School of Neuroscience) and Ido Zelkovitz examine “a sample of 24 cases from four Israeli local Sharīʿa courts as well as a couple of decisions from the Sharīʿa Court of Appeals (between 1993 and 2009).”

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