Family Law as Colonial Specter of Shelter

By Nurfadzilah Yahaya My book  Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) traces changing notions of family and clan across legal cultures in the realm of family law. Supposedly, Islamic law does not enter the secular sphere of politics during the colonial period. Yet, although dissipation of political power … Continue reading Family Law as Colonial Specter of Shelter

Weekend Scholarship Roundup

In "Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the US Mass Incarceration?" (SSRN,  June 23, 2021),  Amin R. Yacoub (University of Virginia School of Law) and Becky Briggs (University of San Diego) discuss the phenomenon of mass incarceration in the United States and how Islamic law principles of criminal … Continue reading Weekend Scholarship Roundup

What does Equality Mean in the Colonies?

By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?

Ṭalāq in the Colonies – Constraints on Colonial Judiciary

By Nurfadzilah Yahaya In my book, Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020), I demonstrate how colonialism embodies a contradiction; in a sense, colonial authorities limited and restricted subjects’ lives, but their authority gave rise to a sense of possibility for some colonial subjects perceived to be elite.[1] The largest … Continue reading Ṭalāq in the Colonies – Constraints on Colonial Judiciary

Islamic Law in the News Roundup

The rejected plan for the Muslim call to prayer to be broadcast via loudspeakers from Peterborough's (UK) mosque will be reconsidered, after it was revealed that the city council website had published a different application on its website when it announced the rejection. 14-year-old volleyball player Najah Aqeel, who had been denied from competing in … Continue reading Islamic Law in the News Roundup

The continuum approach: Multiple legal solutions to run a diverse empire

By Petra Sijpesteijn (Leiden University) This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar Rabb: “Methods and Meaning in Islamic Law: Introduction." Two … Continue reading The continuum approach: Multiple legal solutions to run a diverse empire

Faculty-student collaboration during Covid-19

By Mona Oraby This essay is the final of three essays on Islamic law and pedagogy written by Mona Oraby. The first is “Islamic law and the liberal arts” and the second is “Why we should start with women.” Amherst College, where I teach, announced on 9 March 2020 that it would move to remote … Continue reading Faculty-student collaboration during Covid-19

Why we should start with women

By Mona Oraby This is the second of two essays on Islamic law and pedagogy written by Mona Oraby. The first is "Islamic law and the liberal arts." The open curriculum at Amherst means that I mostly teach a captive audience. There are no gen-ed requirements to drive enrollment. Students who show up for my … Continue reading Why we should start with women

Islamic Law and the Liberal Arts

By Mona Oraby This essay is the first of three essays on Islamic law and pedagogy written by Mona Oraby. The second is “Why we should start with women” and the third is “Faculty-student collaboration during Covid-19.” I teach a course called Islamic Constitutionalism at Amherst College. Colleagues at other institutions are often surprised and flattered when … Continue reading Islamic Law and the Liberal Arts

:: Muwaṭṭaʾ Roundtable :: Zakāt, Wealth Tax and Extreme Inequality

By Mahmoud El-Gamal (Rice University) In Book 16 of the Muwaṭṭaʾ, nestled between Chapter 9 regarding alms taxes on merchandise and money and Chapter 11 regarding alms taxes on livestock (the two main forms of wealth in Arabia), we read in Chapter 10, Report 699 a text that condemns hoarding. The report’s representation of hoarded … Continue reading :: Muwaṭṭaʾ Roundtable :: Zakāt, Wealth Tax and Extreme Inequality