Action Verbs and the Logic of Egyptian Ottoman Court Decisions

By Omar Farahat This is the second of two posts that discuss sixteenth-century Egyptian Ottoman court records. In the first post, I offered translations of three decisions and briefly explained their context. In this post, I provide some reflections on the structure of those records and its implications. The structure of a court judgment typically … Continue reading Action Verbs and the Logic of Egyptian Ottoman Court Decisions

Translations of Three Tenth/Sixteenth Century Egyptian Ottoman Court Decisions

By Omar Farahat This is the first of two posts that discuss sixteenth-century Egyptian Ottoman court records. In this post, I offer translations of three decisions and briefly explain their context. In the second post, I will provide some reflections on the structure of those records and its implications. This post includes translations of three … Continue reading Translations of Three Tenth/Sixteenth Century Egyptian Ottoman Court Decisions

Intisar Rabb on Originalism and the Role of Legal Canons in Islamic Law

The 43rd annual Donald A. Giannella Memorial Lecture organized by Villanova University Charles Widger School of Law hosted our Editor-in-Chief, Intisar Rabb, with her presentation titled "Interpreting Islamic Law." The presentation concerned the Mamlūk Empire during the thirteenth century, with a focus on the judicial overhaul overseen by its Sultan Baibars I. In her presentation, … Continue reading Intisar Rabb on Originalism and the Role of Legal Canons in Islamic Law

Weekend Scholarship Roundup

Fajri Muhammadin and Mohd Hisham Mohd Kamal use an 'aqīdah approach to analyze the notion of Islamic universalism in "The Western Universalism v. Cultural Relativism Debate on Human Rights and Islam - An ‘Aqidah-Based Approach," Islamic Law & Law of the Muslim World eJournal (originally published in Afkar: Jurnal of Aqidah and Islamic Thought).  In "Customary … Continue reading Weekend Scholarship Roundup

Lecture Series: Spousal Abuse and Islamic Law Reform

On Mar 28, Professor Mohammad Fadel of the University of Toronto gave a lecture on "Nushuz, Lawful Discipline and Spouse Abuse in the Maliki Madhab: A History and Its Relevance to Modern Islamic Law Reform." He discussed examples of Muslim judges from Mamlūk and Andalusian courts seeking out cases of spousal abuse rather than waiting for those cases to … Continue reading Lecture Series: Spousal Abuse and Islamic Law Reform

European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law [Molla Sali v. Greece (ECHR 2018)]

In December 2018, the European Court of Human Rights (ECHR) considered the question whether Muslim citizens who lived in the Greek province of Thrace could be required to submit to the jurisdiction of Islamic law, as detailed by local experts called muftīs. In Greek law, Islamic law usually governed matters of family law—such as marriage, … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law [Molla Sali v. Greece (ECHR 2018)]

REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))

Guest contributor Haider Hamoudi reviews Professor Intisar Rabb's, SHARIAsource founding editor-in-chief, new article in the Suffolk Law Review entitled Against Kadijustiz: On the Negative Citation of Foreign Law. Rabb focuses on how American courts have utilized inaccurate portrayals of "qāḍī justice" as antitheses to American court procedures. Hamoudi notes that this point is all the more important when one … Continue reading REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))

CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

Heterodoxy Among Muslim Judges: On Attempts at Jokes and Judicial Constraints

Guest contributor Maribel Fierro examines a scene of heterodoxy in the recently published English translation of The Ultimate Ambition. Translated from Arabic into English for the first time in full by Elias Muhanna of Brown University, The Ultimate Ambition was written in the 14th century by a retired Egyptian bureaucrat named Shihab al-Din al-Nuwayri. Fierro looks at a scene in … Continue reading Heterodoxy Among Muslim Judges: On Attempts at Jokes and Judicial Constraints

Does ISIS Really Follow the Salafī Version of Islamic Law and Theology?

Guest contributor Jacob Olidort critically examines ISIS's claim of adherence to the doctrine of Salafism, a popular orientation among conservative Muslim clerics who attempt to model their actions on a certain vision of law and theology in the early Muslim community. Himself a scholar of modern Salafī thought, Olidort concludes that ISIS's claims are at … Continue reading Does ISIS Really Follow the Salafī Version of Islamic Law and Theology?