Islamic Law Lexicon :: Madhhab

By Alicia Daniel Sources: Sherman A. Jackson, Kramer versus Kramer in a Tenth/Sixteenth Century Egyptian Court: Post-Formative Jurisprudence between Exigency and Law, Islamic Law and Society 8, no. 1 (2001): 27-51. Sherman A. Jackson, The Primacy of Domestic Politics: Ibn Bint Al-AÊ¿azz and the Establishment of Four Chief Judgeships in Mamlûk Egypt, Journal of the … Continue reading Islamic Law Lexicon :: Madhhab

Islamic Law Lexicon :: Ribâ

This is a definition of ribâ by scholars Mohammad Fadel, Associate Professor and Canada Research Chair for the Law and Economics of Islamic Law, University of Toronto Faculty of Law and Ibrahim Warde, Carnegie Scholar and Adjunct Professor of International Business, The Fletcher School, Tufts University. Short definition: ribâ: "unjust enrichment" (p. 655) Long definition: There are significant … Continue reading Islamic Law Lexicon :: Ribâ

Scholarship in “Plain English”: Anver Emon on What We can Learn from Debates about Religious Minorities in Islamic Law

By Alicia Daniel Citation: Anver Emon, Religious Minorities and Islamic Law: Accommodation and the Limits of Tolerance, in Islamic Law and International Human Rights Law: Searching for Common Ground? 323–43 (Anver Emon, Mark Ellis, and Benjamin Glahn eds., 2012). *Note: All page numbers used as citations refer to the above chapter. Summary In medieval Islamic … Continue reading Scholarship in “Plain English”: Anver Emon on What We can Learn from Debates about Religious Minorities in Islamic Law

Review :: Powers on the Role of Endowments, waqf, in Inheritance

Centuries before the trust was developed in English common law, Islamic law developed the waqf, or endowment. The waqf allowed a property owner to separate the title to a property from the entitlement to its revenues. Through the waqf ahli, or family endowment, created either during life or as part of a will, a Muslim could gain greater … Continue reading Review :: Powers on the Role of Endowments, waqf, in Inheritance

Review :: Clark Lombardi on Sharīʿa as a Source of Legislation

The constitutions of many Muslim-majority countries contain clauses that declare sharÄ«Ê¿a a source of legislation. These “sharÄ«Ê¿aclauses” may name sharÄ«Ê¿a as “a chief source,” “the chief source,” or “the only source,” among others, of national laws. Though the phrasing of these clauses seems quite similar, some scholars and government officials have ascribed importance to the differences between them. By … Continue reading Review :: Clark Lombardi on SharÄ«Ê¿a as a Source of Legislation

Review :: Fadel on the Function of the “Interest Ban” in Islamic Finance

Islamic finance creates financial products specifically aimed at Muslims that are sharÄ«Ê¿a compliant. Many scholars have condemned Islamic finance for condemning ribā (interest) on the one hand, particularly where usurious, but then many others have created workarounds that allow modern big-finance firms to avoid it in name only on the other hand. Those who argue against the workaround argue … Continue reading Review :: Fadel on the Function of the “Interest Ban” in Islamic Finance

Islamic Law Lexicon :: Ijtihād: the direct interpretation of scripture

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 of Religion and American Studies and Ethnicity at the University of Southern California. Context When Islamic law was in its infancy, scholars relied solely on a method … Continue reading Islamic Law Lexicon :: Ijtihād: the direct interpretation of scripture

Islamic Law Lexicon :: Qurʾān: the primary Islamic religious text

By Alicia Daniel Citation: Sherman A. Jackson, Kramer versus Kramer in a Tenth/Sixteenth Century Egyptian Court: Post-Formative Jurisprudence between Exigency and Law, Islamic Law and Society 8, no. 1 (2001): 27-51. Sherman A. Jackson, King Faisal Chair in Islamic Thought and Culture and Professor of Religion and American Studies and Ethnicity, University of Southern California … Continue reading Islamic Law Lexicon :: Qurʾān: the primary Islamic religious text

Scholarship in “Plain English”: Sherman Jackson on the Primacy of Domestic Politics

By Alicia Daniel Citation: Alicia Daniel, Review of Sherman A. Jackson, The Primacy of Domestic Politics: Ibn Bint Al-AÊ¿azz and the Establishment of Four Chief Judgeships in MamlÅ«k Egypt [Journal of the American Oriental Society 115, no. 1 (1995): 52-65], Islamic Law Blog (2017) Narrative Abstract Upon coming into power in Egypt in the year … Continue reading Scholarship in “Plain English”: Sherman Jackson on the Primacy of Domestic Politics

Islamic Law Lexicon :: Sunna: Reports of the Prophet Muhammad’s and other Leading Islamic Authorities’ Normative Example  

By Alicia Daniel Citation: Sherman A. Jackson, Kramer versus Kramer in a Tenth/Sixteenth Century Egyptian Court: Post-Formative Jurisprudence between Exigency and Law, Islamic Law and Society 8, no. 1 (2001): 27-51. *Note: All page numbers used as citations refer to the above article. Sherman A. Jackson, King Faisal Chair in Islamic Thought and Culture and … Continue reading Islamic Law Lexicon :: Sunna: Reports of the Prophet Muhammad’s and other Leading Islamic Authorities’ Normative Example