Karnataka High Court Order Upholds Ḥijāb Ban in Government Schools

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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

In Interim Order, Karnataka High Court Upholds Government Order Banning Hijab

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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

Islamic Law in the News Roundup

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Sudan’s bishops celebrated Sudanese Prime Minister Abdalla Hamdok’s declaration officially forbidding the state from establishing a religion, which had been Islam prior to the declaration. While some Muslims in Malaysia called for making it mandatory for women to wear the ḥijāb (or the tudung, as it is called in Malaysia), Maryam Lee, a prominent human … Continue reading Islamic Law in the News Roundup

The Supreme Court of India Weighs in on Muslim Personal Law

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By Nathalie Gunasekera  This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Abstract: Khursheed Ahmad Khan v. State of U.P. is a recent Indian Supreme Court case. Khursheed Ahmad Khan (appellant), a Muslim civil servant, married … Continue reading The Supreme Court of India Weighs in on Muslim Personal Law

In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

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The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision and outlines considerations the legislature should address. "According to media reports, triple ṭalāq (instant, irrevocable divorce initiated by a husband in some versions of Islamic law) epitomizes … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

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In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

Women’s Right to Divorce under Islamic Law in Pakistan and India

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Indian Muslim women's rights are once again manifesting as debates about talaq (divorce). Shayara Bano, who holds an advanced degree in sociology, petitioned the Indian Supreme Court last year to rule on the constitutionalism of triple-ṭalāq, in which a Muslim husband may divorce his wife by simply saying "ṭalāq" three times with our without her consent. After she suffered … Continue reading Women’s Right to Divorce under Islamic Law in Pakistan and India

Commentary :: The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

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Islamic law is before the Supreme Court of India again, with the question of whether triple-ṭalāq is a valid way of dissolving a marriage: by a man simply pronouncing that his wife is divorced by saying that word three times. To understand where the Court might be going requires a bit of background. Following the … Continue reading Commentary :: The Danial Latifi Case and the Indian Supreme Court’s Balancing Act