Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

"Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58" by Rabiat Akande. This article narrates the ways in which siyasa, understood as "discretionary powers of political rulers," facilitated the making of a British Colonial Islamic law. Here, Akande focuses on criminal law in order to highlight what set … Continue reading Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

Recent Scholarship: Islamic Criminal Law Conference

During last month's conference at the University of Tehran on "Criminal Law Development in Muslim-Majority Countries," Paul H. Robinson delivered the opening and closing remarks. His remarks were recently published in Penn Law School's Public Law & Legal Theory Research Paper Series: "Codifying a Sharia-based Criminal Law in Developing Muslim Countries" The opening remarks discuss … Continue reading Recent Scholarship: Islamic Criminal Law Conference

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

Abou El Fadl on Sexual Violence in Islamic Law

SHARIAsource Senior Scholar Khaled Abou El Fadl recently gave a lecture (available on YouTube here) regarding the prohibition of torture in Islam, which he explained is not derived from modern international law, but rather from the Qurʾān and ḥadīth. In particular, Abou El Fadl pushed back against the misconception that, under Islamic criminal law, victims … Continue reading Abou El Fadl on Sexual Violence in Islamic Law

Recent Scholarship: Fadel on Islamic Self-Government

SHARIAsource Senior Scholar Mohammad Fadel has written an article in the most recent issue of the Journal of Islamic Ethics (available open-access here), discussing how states can incorporate sharīʿa into their legislative systems in a way consistent with our modern-day ideals of democracy and peace: “Political Legitimacy, Democracy and Islamic Law: The Place of Self‐Government … Continue reading Recent Scholarship: Fadel on Islamic Self-Government

FEATURE :: Roundtable on Pakistan’s Landmark Blasphemy Case: Asia Bibi v. The State (2018)

Three scholars of Islamic constitutionalism and law consider the Pakistan Supreme Court's recent decision on Asia Bibi v. The State, the blasphemy case that has drawn widespread international attention since 2010. Last month the Pakistan Supreme Court acquitted Asia Bibi of blasphemy charges, bringing Asia Bibi v. The State to a judicial conclusion. Asia Bibi's … Continue reading FEATURE :: Roundtable on Pakistan’s Landmark Blasphemy Case: Asia Bibi v. The State (2018)

The Asia Bibi Blasphemy Law Case in Pakistan: Winning the Battle, Losing the War

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Editor Rachel Mazzarella comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about evidence, judicial independence, procedure, and the state's authority in matters of law and religion. On October 8, 2018, the Supreme Court of Pakistan vacated … Continue reading The Asia Bibi Blasphemy Law Case in Pakistan: Winning the Battle, Losing the War

Reasserting the Authority of State: Comment on Asia Bibi v The State

Editor Zubair Abbasi comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about evidence, judicial independence, procedure, and the state's authority in matters of law and religion. Summary While acquitting Asia Bibi after finding inconsistencies in the statements … Continue reading Reasserting the Authority of State: Comment on Asia Bibi v The State

Asia Bibi v. The State: Problems of Evidence and Procedure in Pakistan

Guest contributor Imran Ahmed comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about evidence, judicial independence, procedure, and the state's authority in matters of law and religion. The Supreme Court ruling in the case against Asia … Continue reading Asia Bibi v. The State: Problems of Evidence and Procedure in Pakistan

In the News: Revkin on ISIS’s Legal System

Last week’s New York Times article on “The Case of the Purloined Poultry: How ISIS Prosecuted Petty Crime” describes the implementation of Islamic criminal law in Iraq under ISIS. According to Mara Revkin of Yale University, providing open and quick access to justice was one way that ISIS tried to distinguish itself from the Iraqi government: “ISIS seemed to … Continue reading In the News: Revkin on ISIS’s Legal System