Karnataka High Court Order Upholds Ḥijāb Ban in Government Schools

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

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

ISLAMIC LAW IN THE NEWS Following the ruling by the Karnataka (India) High Court that hijāb is not an "essential" part of Islam, advocates have started preparing to take the case to the Supreme Court of India. Islamic scholars have taken issue with the Karnataka High Court's recent ruling on hijāb not being an "essential" … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Saudi Arabia has approved new personal status laws that aim to enhance the legal status of women and children by enhancing alimony rights of women for childcare, among other things.  The Saudi Crown Prince stated that the new laws are "comprehensive in addressing all the problems that the family and … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Discrimination Between Muslim Prisoners' Kufis and Jewish Prisoners' Yarmulkes Is Unconstitutional" (The Volokh Conspiracy, February 28, 2022), Eugene Volokh (UCLA Law) refers to the recent case of Moore v. Washington, which held that it was unconstitutional that "[t]he policy at issue made a facially discriminatory distinction between Jewish men, … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The hijāb controversy in India, occasioned by a university administration refusing to admit some Muslim students wearing the Islamic veil, has been ongoing, with a court case regarding the matter still pending before Indian courts.  The Karnataka government, the Indian state in which the controversy has taken place, has so … Continue reading Islamic Law in the News Roundup

Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure

By Nahed Samour Bureaucratization demands regular activities and official duties. These duties are a central aspect of a bureaucratically governed structure. Regularity is important particularly in the application and adjudication of the law so as to minimize arbitrariness.[1] Regularity can create transparency, accessibility, and accountability, and thereby add to adjudicative authority within a bureaucratically established … Continue reading Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure

Judicial Bureaucracy: Revisiting Modern Theory for the Study of Islamic Law

By Nahed Samour Surely, Max Weber was wrong with his assumptions about Kadi-Justice (kadijustiz).[1] He is rightly criticized as a modernization theorist, placing a protestant work ethics at the centre of progress in the modern West, which was picked up to explain a “global envy” of the West and an obsession to imitate it, encouraging … Continue reading Judicial Bureaucracy: Revisiting Modern Theory for the Study of Islamic Law

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Legal Canons—In the Classroom and in the Courtroom or, Comparative Perspective on the Origins of Islamic Legal Canons, 1265–1519" (Villanova Law Review 66, no. 5 (2022)), Intisar Rabb (Editor-in-Chief; Harvard University) traces the origins of Islamic law canons, with a focus on how those canons were utilized in Islamic … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Launched in 2017, Morocco's Moussalaha program has been increasingly impactful in helping those incarcerated for terrorism, including, among other things, by focusing on reading and interpreting the sacred texts. Egyptian officials announced that the country will be issuing its first sukuk bond by this June. A new report in the … Continue reading Islamic Law in the News Roundup