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
ISLAMIC LAW IN THE NEWS According to data from India's Darul Qaza, or Islamic arbitration center, more divorces have been sought through khula, whereby the woman petitions a judge for divorce and surrenders hew dowry, rather than through triple talaq, whereby the husband unilaterally divorces his wife. "Kerala Nadvathul Mujahideen (Markazudawa), [an Islamic organization operating … Continue reading Islamic Law in the News Roundup
ISLAMIC LAW IN THE NEWS The 1989 fatwā imposed by Iran's late Ayatollah Ruhollah Khomeini on Salman Rushdie has sparked a more general debate on fatwās in Islamic law and their implementation. Some scholars have drawn attention to the rivalry between Iran and Saudi Arabia in terms of political ambitions in the region as well … Continue reading Islamic Law in the News Roundup
ISLAMIC LAW IN THE NEWS Borno State Governor (Nigeria), Professor Babagana Zulum, urged the Nigerian "government to establish an institutional framework that would guide the conduct of fatwa." As Saudi Arabia is debating amending its blood money law, some sources have reported that the Shoura Council considering the amendments declined to discuss inserting the following … Continue reading Islamic Law in the News Roundup
By Raha Rafii Courts in India continue to circumscribe Indian Muslims’ religious rights in tandem with the Hindutva (Hindu nationalist) policies of Prime Minister Narendra Modi, who came to power in 2014, and his ruling political party, Bharatiya Janata Party (BJP). In March, the High Court of the state of Karnataka issued a ruling on … Continue reading Snapshot: Karnataka High Court Ruling on Banning Ḥijāb
ISLAMIC LAW IN THE NEWS In reportedly the first case in which a New Zealand court was asked to consider Islamic law, a Wellington court ordered "the payment of a dower set out in a marriage contract solemnized under sharia law in the UAE." A Muslim slaughterhouse in D.C., which started its operations after delays … Continue reading Islamic Law in the News Roundup
By Raha Rafii Several long-established bodies representing Muslims in India have responded to the Karnataka State Court’s upholding of the ḥijāb ban in government schools in March. Jamiat Ulama-i-Hind,[1] the All India Majlis-e-Ittehadul Muslimeen (AIMIM),[2] and the All India Personal Law Board (AIMPLB)[3] in Delhi emphasized the negative impact on both religious freedom and Muslim … Continue reading Indian Muslim Organizations’ Responses to Karnataka Ḥijāb Ban in Schools
By Raha Rafii In the last few decades, courts in India have been increasingly settling matters of whether details of Muslim personal law, which include matters of marriage, divorce, and inheritance, continue to be applicable. During the British colonial period, the various religious communities in India had been governed by their own personal status laws,[1] … Continue reading Karnataka High Court’s Interpretation of Islamic Sources: Ḥijāb is Not “Part of Essential Religious Practice in Islam”
By Raha Rafii On March 15, 2022, the Karnataka High Court[1] dismissed petitions against its Interim Order[2] upholding the Government Order[3] dated May 2, 2022 banning ḥijāb in government schools in the state of Karnataka, India. The Court dismissed a few petitions based on lack of sufficient evidence, while dismissing the arguments of the remaining … Continue reading Karnataka High Court Order Upholds Ḥijāb Ban in Government Schools
By Raha Rafii In December 2021, a dispute broke out at Government Pre-University College for Girls in the state of Karnataka, India, where six students demanded to wear the headscarf/ḥijāb on school grounds.[1] This action set off several protests and counter-protests over subsequent months in multiple districts, including students wearing saffron shawls to assert religious … Continue reading In Interim Order, Karnataka High Court Upholds Government Order Banning Hijab
