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

Waqf and the Modern State, Capitalism, and the Private Property Regime

By Nada Moumtaz In the numerous small foundations that form the bulk of waqfs in Beirut in the nineteenth century, waqf, I suggested in my previous post, was the material foundation and an important means to live as a good Muslim — to get close to God, to care for one’s family as charity. Besides … Continue reading Waqf and the Modern State, Capitalism, and the Private Property Regime

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

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

Islamic law and the documentary record before 1500: Unsolved problems and untried solutions

By Marina Rustow (Princeton 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." Although … Continue reading Islamic law and the documentary record before 1500: Unsolved problems and untried solutions

Pluralistic Methodologies in Islamic Legal Historiography

By Metin M. Coşgel (University of Connecticut) & Boğaç A. Ergene (University of Vermont) 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 … Continue reading Pluralistic Methodologies in Islamic Legal Historiography

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

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))

A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils

South Asia editor Jeff Redding compares the British sharīʿa courts debate to similar debates going on in India. He examines the semantic approach of the current debate, and questions whether this approach fully encompasses the issue. Controversies over non-state Islamic dispute resolution have flared around the globe in the last several years, in sites as diverse as Canada, India, and … Continue reading A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils