For my final guest post on this esteemed Islamic Law Blog, I wanted to highlight the publication of a recent book on a subject that has not received the treatment it deserves in the Islamic world. This is the highly charged matter of slavery, which Professor Bernard Freamon tackles admirably in Possessed by the Right … Continue reading The Problem of Slavery in Islamic Law: A Review of Possessed by the Right Hand, by Bernard Freamon
One of the most vexing problems that modern high courts face when interpreting and applying Islamic law concerns the taking of money interest. The framework of the basic problem tends to be the same, whether the state is Egypt, Iraq, or Pakistan. Libya’s most recent foray into this field deserves some attention, however, because it … Continue reading The Libyan Supreme Court and the Meaning of Ribā: A New Approach?
One largely unnoticed development that has arisen in Iraq since the US invasion in 2003 has been the manner in which the Iraqi state and the Shi’i religious establishment known broadly as the marjaʿiyya have bound themselves rather tightly together in the area of waqf law. This is important, because the waqf business in Iraq … Continue reading Will Baghdad’s Government Decide Shi’i Islam’s Future Highest Jurist? Religion-State Entanglements and the Waqf in Iraq
This post reviews and critiques a new article in the Suffolk Law Review by Intisar Rabb entitled Against Kadijustiz: On the Negative Citation of Islalmic Law as Foreign Law. Her main focus is on the use of the term throughout American court practice to describe what it is that US courts are against, rather than what they are for. This post … Continue reading Judges on Cushions and Under Trees: Thoughts on “Qadi Justice” and Hyperpolemics