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?

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

Weekend Scholarship Roundup

In "Peace to those of Faith: Political Affiliation and Belonging in Classical Islamic Thought" (Routledge Handbook of Citizenship in the Middle East and North Africa 2021), Omar Farahat (McGill University Faculty of Law) discusses the concept of belonging in classical Islamic thought, focusing on multilayered descriptions of tribal identity. In "Eradicating Gender-Based Violence against Female-Intimate … Continue reading Weekend Scholarship Roundup

The “unpardonable” sin of honor killing: A Fatwā

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. Source Summary Fatwā issued by Sunnī Ittehad Council of Pakistan on June 11, 2016.[1] This post comments on an official religious pronouncement (fatwā) issued … Continue reading The “unpardonable” sin of honor killing: A Fatwā

Waqfs as Moral Persons and Other Stories of Waqf Today

By Nada Moumtaz A few weeks ago, I was at a conference about Muslim philanthropy in Canada, which, gathered academics with practitioners working in the nonprofit/charitable sector, along with some who play both roles together. In a panel on waqf in Canada, the leader of a prominent organization lamented that their attempt to revive the … Continue reading Waqfs as Moral Persons and Other Stories of Waqf Today

Islamic Law in the News Roundup

A California Court of Appeals refused to apply Iranian law in a case involving a plaintiff whose work in Iran exposed him to high levels of asbestos, reasoning that Iranian law reflects religious ideology instead of economic interest. The All India Muslim Personal Law Board issued a statement urging Muslims in India to adhere to Islamic … Continue reading Islamic Law in the News Roundup

Islamic Legal Canons as Memes

By Intisar Rabb This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in a short post, also by Intisar Rabb: “Methods and Meaning in Islamic Law: Introduction." Introduction* We’ve all … Continue reading Islamic Legal Canons as Memes

Weekend Scholarship Roundup

In "Civil Law Principles in Fiqh of Islamic Law" (Tematics Journal of Law 14, no. 12 (December 2020)), Ayub Mukhammadiev (The Military-Technical Institute of the National Guard of the Republic of Uzbekistan) provides a brief overview of some general principles of Islamic law. In "Re-Assessing the Evidentiary Threshold for Zinā’ in Islamic Criminal Law: A … Continue reading Weekend Scholarship Roundup

The continuum approach: Multiple legal solutions to run a diverse empire

By Petra Sijpesteijn (Leiden University) This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar Rabb: “Methods and Meaning in Islamic Law: Introduction." Two … Continue reading The continuum approach: Multiple legal solutions to run a diverse empire