India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women
Editor Zubair Abbasi comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about … Continue reading Reasserting the Authority of State: Comment on Asia Bibi v The State
This article, by SHARIAsource South Asia editor Dr. Zubair Abbasi, provides an overview of the judgments of the Judicial Committee of the Privy Council, the highest court of appeal in … Continue reading Commentary: The Judicial Committee of the Privy Council and Islamic Endowments (Awqāf)
The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal
Pakistan editor Zubair Abbasi examines the legality of surrogacy under Islamic law. In Farooq Siddiqui v Mst. Farzana Naheed, decided on 16 February 2017, the Federal Shariat Court (FSC) determined the legality of surrogacy under … Continue reading Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation
Indian Muslim women's rights are once again manifesting as debates about talaq (divorce). Shayara Bano, who holds an advanced degree in sociology, petitioned the Indian Supreme Court last year to rule on the constitutionalism … Continue reading Women’s Right to Divorce under Islamic Law in Pakistan and India
South Asia editor Zubair Abbasi surveys the influence of England’s Privy Council – also known as the British Judicial Committee of the Privy Council – on awqāf (Islamic endowments, or trusts). As the highest court of appeal in the British … Continue reading The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India
