Commentary: The Judicial Committee of the Privy Council and Islamic Endowments (Awqāf)

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)

In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

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

Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation

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

Women’s Right to Divorce under Islamic Law in Pakistan and India

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

The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British 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