::Roundtable:: History of Islamic International Law: “Dispute Settlement in the Medieval Islamic World” by Mathieu Tillier

Summarized by Rami Koujah This post is part of the Roundtable on the History of Islamic International Law.  It is a summary of Mathieu Tillier's contribution titled "Dispute Settlement in the Medieval Islamic World" to volume eight of the Cambridge History of International Law series, co-edited by Intisar Rabb and Umut Özsu. Mathieu Tillier’s chapter … Continue reading ::Roundtable:: History of Islamic International Law: “Dispute Settlement in the Medieval Islamic World” by Mathieu Tillier

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS "Afghanistan’s supreme leader has ordered judges to fully enforce aspects of Islamic law that include public executions, stonings and floggings, and the amputation of limbs for thieves, the Taliban’s chief spokesman said." For more content and context on the recent developments in Afghanistan, consult our Editor-in-Chief, Professor Intisar Rabb's “Resource … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS "Afghanistan had more than 300 female judges presiding over judicial departments that ranged from women’s issues to criminal and terrorism-related cases. Several hundred judges have since escaped to other countries, and some 70 female judges – if not more – are in hiding and unable to return to work." Observers … 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 Turkish President Recep Tayyip Erdogan vowed to cut interest rates, arguing that the cut is also in line with Islamic law. In a recent interview, one of the few female judges in Palestine, Kholoud al-Faqeeh, commenting on religious courts and women, stated: "A woman’s whole life cycle is before these … Continue reading Islamic Law in the News Roundup

Lived or Non-Lived Ḥadīth? Content vs. Narrator Criteria in Early Ḥanafī Law

By Issam Eido This is part one in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. In this series of four essays, I examine briefly the interpretive standards that were followed by early Ḥanafīs for analyzing, verifying, or rejecting ḥadīth. The first essay discusses the significance … Continue reading Lived or Non-Lived Ḥadīth? Content vs. Narrator Criteria in Early Ḥanafī Law

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

By Omar Khaled Abdel-Ghaffar This is a summary of the lecture by Prof. Christian Müller entitled “Sijills and Transformations of Qāḍī Documents in Islamic Law” delivered at 12 noon (EST), 6 pm (Münster) 7 pm (Istanbul) via Zoom.  The video recording of the lecture can be accessed here. Professor Müller offered this month what he … Continue reading Monthly Lectures on Islamic Legal Genres: “Sijills and Transformations of Qāḍī Documents in Islamic Law” by Prof. Christian Müller

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