By Mohammad Fadel This post is part of the Roundtable on the History of Islamic International Law. It is a summary of Mohammad Fadel's contribution titled "An Overview of Islamic … Continue reading ::Roundtable:: History of Islamic International Law: “An Overview of Islamic International Law” by Mohammad Fadel
ʿAbd al-Razzāq al-Sanhūrī (1895-1971), Egypt’s most celebrated jurist of the 20thcentury, is most famous for his efforts to create a modern Arab legal system that reflected the fundamental principles of … Continue reading Abd al-Razzāq al-Sanhūrī’s Conception of Modern Islamic International Law versus the Practice of Muslim States
The European Court of Human Rights (“ECtHR”) in its recent Molla Sali v. Greece decision (Dec. 19, 2018) radically undermined the right of Greece’s Thrace Muslim community to preserve its … Continue reading Molla Sali v. Greece and Undermining the Autonomy of Greece’s Muslims in Thrace: Equality versus Community
The years I spent working on the forthcoming translation of the Muwaṭṭaʾ overlapped in part with the rise of the Islamic State in Iraq and Syria (“ISIS”), and its claim … Continue reading Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas
Thanks to the efforts of modern Muslim legal reformers, the medieval jurisprudential doctrine of maqāṣid al-sharīʿa has become ubiquitous, not only in the legal writings of contemporary Muslim jurists and scholars … Continue reading Is Islamic Purposivism (maqāṣid al-sharīʿa) a Thinly-Disguised Form of Utilitarianism?
Katarzyna Sidło (Center for Social and Economic Research) organized a PIL Forum Roundtable on the Tunisian president Beji Caid Essebsi's 2017 proposal to amend inheritance laws. She introduces the Roundtable … Continue reading Roundtable :: Tunisian Inheritance Law Reform
Mohammad Fadel (University of Toronto, Faculty of Law) takes a pragmatic approach that helps explain why Tunisian president Beji Caid Essebsi’s 2017 proposal to amend Tunisian inheritance laws has raised … Continue reading Thoughts on the Draft Tunisian Inheritance Reform Legislation