SCHOLARSHIP ROUNDUP On Islamic Law In "Litigious Zeal" (Inquest, November 22, 2022), SpearIt (University of Pittsburgh) explores how Muslim prisoners in the United States "sue religiously" and argues that Muslim prisoner litigation has resulted in reforms for prisoner rights in the country. In "General Principles of Business Contracts in Islamic Law" (in Institutional Islamic Economics … Continue reading Weekend Scholarship Roundup
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
Weekend Scholarship Roundup
SCHOLARSHIP ROUNDUP On Islamic Law: In "Sovereignty, Territoriality and Islamic Private International Law" (SSRN, October 12, 2021), Mohammad Fadel (University of Toronto) argues that "Islamic international law, in its classical phase (8th – 13th centuries), as first formulated by Iraqi, and later, Central Asian, scholars (who later came to be known as Ḥanafīs), understood all … Continue reading Weekend Scholarship Roundup
Islamic Law in the News Roundup
ISLAMIC LAW IN THE NEWS Launched in 2017, Morocco's Moussalaha program has been increasingly impactful in helping those incarcerated for terrorism, including, among other things, by focusing on reading and interpreting the sacred texts. Egyptian officials announced that the country will be issuing its first sukuk bond by this June. A new report in the … Continue reading Islamic Law in the News Roundup
Professor Mohammad Fadel on Muslims, Islam, and Bostock
Professor Mohammad Fadel, senior editor at SHARIAsource, explores Muslim perspectives on religious freedom pertaining to the Supreme Court's recent Bostock v. Clayton County (2020) decision on equal protection in "Professor Mohammad Fadel on Muslims, Islam, and Bostock". In this article, Fadel addresses disputes regarding the stances of some Muslims toward the rights of LGBTQ persons, … Continue reading Professor Mohammad Fadel on Muslims, Islam, and Bostock
Recent Scholarship: Patriarchy and Colonialism
The latest issue of the Journal of Women's History includes the following article examining gender, race, class, and patriarchy within the British and colonial legal systems: "Class, White Women, and Elite Asian Men in British Courts during the Late Nineteenth Century" by Nurfadzilah Yahaya British imperial politics was profoundly affected by class alongside gender and … Continue reading Recent Scholarship: Patriarchy and Colonialism
In the News: Female Sharīʿa Court Judges
At the end of last year, the BBC compiled a list of “100 inspiring and influential women from around the world.” One of those women was Nenney Shushaidah, who made international headlines in 2016 after she and her colleague became Malaysia’s first female sharīʿa high court judges. In an interview with the BBC, Judge Shushaidah … Continue reading In the News: Female Sharīʿa Court Judges
Supreme Court’s Trump v. Hawaii
By Gamal Gasim, PhD (Grand Valley State University) After only one week in the White House oval office, President Trump signed Executive Order 13769 (EO-1) ordering a temporary ban on entries to the United States by citizens of seven Muslim-majority countries. The original list included Yemen, Iraq, Sudan, Syria, Libya, Iran, and Somalia. The EO-1 … Continue reading Supreme Court’s Trump v. Hawaii
Islamic Law in U.S. Courts: EEOC v. WC & M Enter. (5th Cir. 2007): Hostile Work Environment Case
Representing a Muslim former employee of the defendant, the EEOC sued the company, operating as a car dealership, under Title VII, alleging that it subjected the employee to a hostile work environment because of his religion and national origin. Specifically, the plaintiff alleged he suffered numerous instances of harassment because of his religion after 9/11, … Continue reading Islamic Law in U.S. Courts: EEOC v. WC & M Enter. (5th Cir. 2007): Hostile Work Environment Case