Through the writings of eminent classic and contemporary Islamic jurists, Ayesha Shahid explores the development of As-Siyar (Islamic international law) within the Islamic legal tradition in "An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions," International Law and Islam. The author attempts to address the existing gaps in the global history of the … Continue reading Weekend Scholarship Roundup
In both Roman and Islamic law, legal representation is not limited to court appearances on behalf of a principal. It is more or less the default in everyday life that men and women (and even children), educated and uneducated, rich and poor—all need to be represented by others, and that need is presumed to arise … Continue reading Commentary :: Let’s Lose Lawyers (3-4)
By Konstantinos Tsitselikis This is part 3 of a four-part series of posts will examine thesharīʿa courts in Greece, starting with the establishment of the courts in the 1920s and concluding with suggested avenues for reform of the courts in Greece following the European Court of Human Rights (ECtHR)’s 2018 decision in the Molla Sali v. … Continue reading Sharīʿa in Greece :: Part 3 :: Substantive Issues in Sharīʿa Courts
Maryam Saeed discusses the constraints in Islamic insurance (takāful) and its impact on the performance of takāful operators in "Challenges of Islamic Insurance (Takaful) Globally," COMSATS Journal of Islamic Finance, 2019. (This article was also featured in this week's issue of SSRN’s Islamic Law & Law of the Muslim World eJournal). In "Islamic Financial Intermediation of Indonesian Economic … Continue reading Weekend Scholarship Roundup
At the end of the last post we met the negotiorum gestor, an administrator of the business of another, even without any mandate from the principal. The argument for this and for the more recognizable representative, who receives an explicit appointment by the principal, we learn (from Ulpian), was made from “necessity.” In the Digest, … Continue reading Commentary :: Let’s Lose Lawyers (2-4)
Islamic law has official jurisdiction of operation in Egypt, where personal status laws regulate matters such as marriage, divorce, and child custody. Like many such countries, Egypt is trying to reform its divorce law. One of its approaches has been to address the financial ramifications of divorce; Egyptian authorities took steps last month to address the country’s climbing divorce rate. … Continue reading In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate
By Konstantinos Tsitselikis This is part 2 of a four-part series of posts will examine thesharīʿa courts in Greece, starting with the establishment of the courts in the 1920s and concluding with suggested avenues for reform of the courts in Greece following the European Court of Human Rights (ECtHR)’s 2018 decision in the Molla Sali v. … Continue reading Sharīʿa in Greece :: Part 2 :: Procedural Issues in Sharīʿa Courts
Hebrew University of Jerusalem scholars Morr Link and Yoram Haftel discuss the significance of domestic legal traditions, with a particular focus on states with Islamic law tradition, to international dispute settlement in "Islamic Legal Tradition and the Choice of Investment Arbitration Forums," The Review of International Political Economy, Forthcoming. Mahmoud Jaraba contributed a book chapter entitled “Private Dispute … Continue reading Weekend Scholarship Roundup
INTRODUCTION TO A SERIES OF FOUR POSTS In this series, I aim to play with a few ideas. First, I will imagine a society without heavily professionalized sophists who can argue either side in a legal dispute, i.e., lawyer-advocates (posts 1-2). The historical models I employ (Roman and Islamic law) allow me to underscore the … Continue reading Commentary :: Let’s Lose Lawyers (1-4)
We are delighted to introduce Ahmad A. Ahmad, Professor of Religious Studies at the University of California, Santa Barbara, as our October guest blog editor. Throughout the month of October, Professor Ahmad will share a series of posts in which he examines curious parallel doctrines and institutions found in Islamic and Roman law. Professor Ahmad … Continue reading Welcome Ahmad A. Ahmad!
