Islamic Judicial Review in Practice (2): Strategic Islamization of Laws

By Zubair Abbasi The most significant impact of Islamic judicial review is the incorporation of qiṣāṣ and dīyah in the legal system of Pakistan. During the colonial period, the British replaced Islamic criminal law with the Indian Penal Code 1860. There are two important components of Islamic criminal law: ḥudūd and qiṣāṣ. Ḥudūd are fixed … Continue reading Islamic Judicial Review in Practice (2): Strategic Islamization of Laws

Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws

By Zubair Abbasi In my previous blog posts, I identified Islamic judicial review as the distinctive feature of Pakistan’s legal system. In my next three posts, I shall scrutinize how Islamic judicial review works in practice through the analysis of a few important judgments related to criminal law and family law. In this first post, … Continue reading Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws

The Impact of Islamic Judicial Review in Pakistan  

By Zubair Abbasi Since its beginning in 1979, Islamic judicial review was unlikely to cause major constitutional and legal changes because of its inherent design to maintain the status quo. This can be explained by a number of factors. Firstly, the Federal Shariat Court (FSC) did not have jurisdiction over the provisions of the Constitution. … Continue reading The Impact of Islamic Judicial Review in Pakistan  

Ijtihād on Acquired Immuno Deficiency Syndrome (AIDS)

By Nicholas Kellum 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 1983 at its Third Islamic Summit Conference, the Organization of Islamic Cooperation founded the International Islamic Fiqh Academy (“IIFA”).[1]  Based in Jeddah, Saudi … Continue reading Ijtihād on Acquired Immuno Deficiency Syndrome (AIDS)

Islamic Law in the News Roundup

This Thursday, the European Court of Human Rights (ECHR) unanimously held that Greece owed a Greek woman by the name of Molla Sali 51,000 euros ($57,000) in damages plus expenses “for siding with her late husband’s two sisters and for applying ‘Sharia law to a section of its citizens against their wishes.’” This judgment follows a 2018 decision by the same court in Molla … Continue reading Islamic Law in the News Roundup

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 4 :: The Art and Science of Keeping the Peace

This is part 4 in a series of 4 posts. :: Part 4 :: The Art and Science of Keeping the Peace Students of Ḥanafī law learn that the crime of murder consists in a deliberate act, aiming at ending a life, by a competent adult, using—and this is where the emphasis is—a proper murder … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 4 :: The Art and Science of Keeping the Peace

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 3 :: After the Failure

This is part 3 in a series of 4 posts. :: Part 3 :: An Islamic “Law-and-Economics” Jurisprudence Can one suggest the presence (latent or real) of a law-and-economics version of Islamic criminal law? The diya doctrine of financial restitution for injury has features that invite this consideration.  Diya applies, not only to whole human … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 3 :: After the Failure

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 2 :: In Government, Society and Jurist We (Need to) Trust

 This is part 2 in a series of 4 posts. :: Part 2 :: In Government, Society and Jurist We (Need to) Trust In this post, I hope to achieve two goals.  First, I want to eliminate any attachment to the notion that punishment in Islamic criminal law is mainly corporeal punishment.  As I provide … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 2 :: In Government, Society and Jurist We (Need to) Trust

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 1 :: After the Failure

This is part 1 in a series of 4 posts. :: Part 1 :: After the Failure You are the kind of legal scholar who has no patience for trying tactics that lead into predictable problems. You take for granted that criminal acts (as reflection of a criminal capacity) are simply part of human nature, … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 1 :: After the Failure