Legal Diversity at the Late Mamlūk Court

By Christian Mauder This is part one in a series of four posts on legal culture at the late Mamlūk court. Many students of Islamic history are fascinated by the unusual polity that ruled Egypt, Syria, and neighboring regions from about 1250 to 1517 CE. This political entity was dominated by a small elite group … Continue reading Legal Diversity at the Late Mamlūk Court

Weekend Scholarship Roundup

In "Banking on Blind Faith? Islamic Finance, Consumer Protection and Public Policy" (SSRN, February 18, 2021) Faisal Kutty (Valparaiso University Law School) argues that current Islamic finance practices fall short of Islamic ethics and ideals. In "The Promise and Paradox of Women in the Judiciary in Indonesia" (SSRN,  June 1, 2021) Melissa Crouch (University of … Continue reading Weekend Scholarship Roundup

Monthly Lectures on Islamic Legal Genres: “Sijills and Transformations of Qāḍī Documents in Islamic Law” by Prof. Christian Mueller

By Omar Khaled Abdel-Ghaffar This is a summary of the lecture by Prof. Christian Mueller entitled “Sijills and Transformations of Qāḍī Documents in Islamic Law” delivered at 12 noon (EST), 6 pm (Münster) 7 pm (Istanbul) via Zoom. Professor Müller offered this month what he himself termed as a reflection on Ottoman sijills “from the … Continue reading Monthly Lectures on Islamic Legal Genres: “Sijills and Transformations of Qāḍī Documents in Islamic Law” by Prof. Christian Mueller

Islamic Law in the News Roundup

Egypt's President Sisi named two new members to the Al-Azhar Council for Senior Scholars, the government institution that is regarded as having final authority to determine whether legislation is compliant with Islamic law. The Islamic Affairs and Charitable Activities Department in Dubai (IACAD) reported that it received 4,000 fatwā and 2,000 shahāda (declaration of belief … Continue reading Islamic Law in the News Roundup

Portals to the Future: Translations of Powers of Attorney

By Nurfadzilah Yahaya Powers of attorney form the basis of the second chapter of my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020). The digital collection of these documents produced by the Arab communities in the Straits Settlements (mostly Singapore) in the Koh Seow Chuan Collection in the National … Continue reading Portals to the Future: Translations of Powers of Attorney

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

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?

Islamic Law in the News Roundup

As talks between the Afghan government and the Taliban continue, the US peace envoy to Afghanistan, Zalmay Khalizad's proposal circulated to both parties includes "a High Council for Islamic Jurisprudence," to advise ordinary courts as to matters involving the interpretation of Islamic law. Austrian Muslims have planned to sue the Austrian government under the leadership … Continue reading Islamic Law in the News Roundup

State v. Waseem et al. – Waiver of Qiṣāṣ and Taz‘īr in Honor Killing

By Zainab Hashmi 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. Case Summary In September 2019, a Multan Sessions Court (state trial court) issued its decision in State v. Muhammad Waseem et al., a high-profile … Continue reading State v. Waseem et al. – Waiver of Qiṣāṣ and Taz‘īr in Honor Killing

Criminal Law (Amendment): Offences in the Name or Pretext of Honor Act, 2016 Passed by Majlis-e-Shoora (Parliament) of Pakistan

By Zainab Hashmi 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. In October 2016, the Majlis-e-Shoora (Parliament) passed legislation amending the Pakistan Penal Code, 1860 (Act XLV of 1860) and the Code of Criminal Procedure, … Continue reading Criminal Law (Amendment): Offences in the Name or Pretext of Honor Act, 2016 Passed by Majlis-e-Shoora (Parliament) of Pakistan