Commentary :: Let’s Lose Lawyers (2-4)

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)

Commentary :: Let’s Lose Lawyers (1-4)

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)

Islamic Law at the 2019 Law and Society Association Annual Meeting

Each year, the Islamic Law and Society Collaborative Research Network (ILS-CRN) helps compose panels on Islamic law at the Annual Meeting of the Law and Society Association. This year’s roster features a host of author-meets-reader book sessions and panels featuring Islamic law. Tamir Moustafa of Simon Fraser University will respond to commentators' reviews of his … Continue reading Islamic Law at the 2019 Law and Society Association Annual Meeting

Scholarship in “Plain English”: Clark Lombardi on Sharīʿa as a Source of Legislation

The constitutions of many Muslim-majority countries contain clauses that declare sharīʿa a source of legislation. These “sharīʿa clauses” may name sharīʿa as “a chief source,” “the chief source,” or “the only source,” among others, of national laws. Though the phrasing of these clauses seems quite similar, some scholars and government officials have ascribed importance to … Continue reading Scholarship in “Plain English”: Clark Lombardi on Sharīʿa as a Source of Legislation

Historical Primary Sources: A Legal and Diplomatic Justification of the Ottoman Declaration of War Against Russia, 1768

This document is a beyānnāme, or declaration, sent by the Ottoman reʾīsül-kuttāb (chief scribe) to Britain's ambassador to the Ottoman Empire, justifying the Ottoman declaration of war on Russia by explaining Russia's violation of treaty obligations. The document gives insight into eighteenth-century Ottoman attitudes to international law and its relationship with Islamic law. Contributed by … Continue reading Historical Primary Sources: A Legal and Diplomatic Justification of the Ottoman Declaration of War Against Russia, 1768

Younger Scholars Forum in Comparative Law in Fukuoka, Japan

Due dates: Abstracts: September 15, 2017 The International Academy of Comparative Law will host the first-ever Younger Scholars Forum in Comparative Law, to be held in Fukuoka, Japan on Wednesday, July 25, 2018 as part of the larger quadrennial Congress of Comparative Law. "Younger scholars" are defined as those with no more than ten years … Continue reading Younger Scholars Forum in Comparative Law in Fukuoka, Japan

REVIEW:: Classical Islamic Law and Modern Bankruptcy (A Review of Abed Awad, “Classical Islamic Law and Modern Bankruptcy” (2010))

In their paper Classical Islamic Law and Modern Bankruptcy (2010), U.S. editor Abed Awad and his co-author Robert E. Michael compares bankruptcy in classical Islamic law to American bankruptcy pre and post the enactment of Chapter 11. Bankruptcy in classical Islamic law is "strongly analogous to the traditional civil and common law treatment of bankrupts prior to … Continue reading REVIEW:: Classical Islamic Law and Modern Bankruptcy (A Review of Abed Awad, “Classical Islamic Law and Modern Bankruptcy” (2010))

Is Sharīʿa Incompatible with the Modern Administrative State?

Anver Emon's (Professor of Law at the University of Toronto Faculty of Law and SHARIAsource senior scholar) new paper Codification and Islamic Law: The Ideology Behind a Tragic Narrative in the Journal of Middle East Law and Governance challenges the now popular argument that Islamic law is near-impossible to formalize as state law. Treating Islamic law … Continue reading Is Sharīʿa Incompatible with the Modern Administrative State?

Debt and Bankruptcy in Classical Islamic Law

Student editor Esther Agbaje (Harvard Law School) explores classical Islamic law's basic conceptions of debt and bankruptcy. While the main Islamic texts, the Qur’ān and Sunna (records of the Prophet Muhammad's teachings), provide principles for fiscal  matters, these principles are not enough to establish systems as complex as those in modern finance with a guarantee of soundness in … Continue reading Debt and Bankruptcy in Classical Islamic Law

REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))

Guest contributor Haider Hamoudi reviews Professor Intisar Rabb's, SHARIAsource founding editor-in-chief, new article in the Suffolk Law Review entitled Against Kadijustiz: On the Negative Citation of Foreign Law. Rabb focuses on how American courts have utilized inaccurate portrayals of "qāḍī justice" as antitheses to American court procedures. Hamoudi notes that this point is all the more important when one … Continue reading REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))