Getting to know iqrārs

By Amel Bensalim Professor Marina Rustow's note: "Having been asked twice now to contribute to the ILB, I’ve been making my way into the corpus of Islamic notarial documents preserved in Cairo Geniza. In the hope of understanding them better, I taught a PhD seminar on them in Fall 2022. Two of my students, Amel … Continue reading Getting to know iqrārs

Why I No Longer Use the Term “Qāḍī-Court Documents”

By Marina Rustow I came into my graduate seminar on Arabic legal documents with some experience in paleography and diplomatics, but vanishingly little knowledge of the material I was going to be teaching. I knew I wouldn’t always, or even often, have answers about how to read the sources, let alone how the judicial system … Continue reading Why I No Longer Use the Term “Qāḍī-Court Documents”

Are Medieval Arabic Judicial Documents as Opaque as They Look?

By Marina Rustow Legal documents have survived from the medieval Islamic world in considerable quantity, but the mystery of their quotidian production and use abides. The mystery concerns personnel and physical location: Who wrote documents, and where? Where did witnesses sign them? To what extent were judges involved in their production and handling? Over the … Continue reading Are Medieval Arabic Judicial Documents as Opaque as They Look?

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS "Women in Afghanistan carried out a protest against the Taliban-led regime after they banned women from working for Non-Government Organisations (NGOs)." "Even before the Taliban barred Afghan women from working at non-governmental groups, their forces visited the office of one local organization in the capital Kabul several times to check … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law In "The ICC and Traditional Islamic Legal Scholarship: Analysing the War Crimes Against Civilians" (in International Criminal Law: A Counter-Hegemonic Project, 2022), Fajri Matahati Muhammadin (Universitas Gadjah Mada) and Ahmad Sadzali (Universitas Islam Indonesia) argue that "if Islamic law has prescribed criminalization for international crimes up to a standard which … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS "Emilia Justyna Powell, a Notre Dame professor of political science and concurrent professor at The Law School, has won two International Studies Association (ISA) awards for her 2020 book, Islamic Law and International Law: Peaceful Resolution of Disputes." "The Supreme Court [of India ...] continued hearing the batch of petitions challenging the Karnataka High … Continue reading Islamic Law in the News Roundup

Commentary :: Raziya bt. Abdallah v. Hafiza bt. Receb: A Former Concubine Wins her Manumission in Court

Case: Translation of the Court Record The woman called Radiya bt. Abd Allah, of Georgian origin and medium stature, appeared in the courthouse. She is known as the former slave of her recently deceased master, Küçük Hasan BeÅŸe. She initiated a claim against [fakhr aqranihi – pride of equals] al-Hajj Sinan BeÅŸe ibn Hasan, the … Continue reading Commentary :: Raziya bt. Abdallah v. Hafiza bt. Receb: A Former Concubine Wins her Manumission in Court

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Following the ruling by the Karnataka (India) High Court that hijāb is not an "essential" part of Islam, advocates have started preparing to take the case to the Supreme Court of India. Islamic scholars have taken issue with the Karnataka High Court's recent ruling on hijāb not being an "essential" … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Discrimination Between Muslim Prisoners' Kufis and Jewish Prisoners' Yarmulkes Is Unconstitutional" (The Volokh Conspiracy, February 28, 2022), Eugene Volokh (UCLA Law) refers to the recent case of Moore v. Washington, which held that it was unconstitutional that "[t]he policy at issue made a facially discriminatory distinction between Jewish men, … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The hijāb controversy in India, occasioned by a university administration refusing to admit some Muslim students wearing the Islamic veil, has been ongoing, with a court case regarding the matter still pending before Indian courts.  The Karnataka government, the Indian state in which the controversy has taken place, has so … Continue reading Islamic Law in the News Roundup