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

Commentary :: Let’s Lose Lawyers – Afterthoughts

Two points remain to be made at the end of this series, arising from a reaction to, and an interaction of relevance to, the previous blog posts. First, an excellent graduate student at Istanbul Şehir University (Ali Rıza Işın), who is as far as one gets from being a naïve individual, decided to feign naiveté and … Continue reading Commentary :: Let’s Lose Lawyers – Afterthoughts

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

A minimally professionalized lawyer-advocate is less of an independent agent with interests diverging from those of their appointers. This, in a nutshell, is the image I depicted in three previous posts. If each member of society contemplates needing to defend themselves and their associates in court, they would think differently of rights, laws, and justice. … Continue reading Commentary :: Let’s Lose Lawyers (4-4)

Commentary :: Let’s Lose Lawyers (3-4)

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)

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)