Weekend Scholarship Roundup

On January 7-8, 2021, the Legal History Blog hosted an online conference entitled "Paper Empires: Layers of law in colonial South Asia and the Indian Ocean." Among others, Fahad Bishara (University of Virginia) presented his paper entitled "The Sailing Scribes: Legal Thinking and Praxis Across the Twentieth-Century Indian Ocean." In "The Majelis Ulama Indonesia and … Continue reading Weekend Scholarship Roundup

Tracing the history of Ibāḍī law and jurisprudence: A state of art

By Ersilia Francesca (University of Naples “L’Orientale”) 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." … Continue reading Tracing the history of Ibāḍī law and jurisprudence: A state of art

Sharī‘a and Surrogacy in Pakistan

By Nikhil Goyal 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: In Farooq Siddiqui v. Mst. Farzana Naheed,[1] the Federal Shariat Court of Pakistan (“the Court”)[2] considers whether surrogacy can be reconciled with … Continue reading Sharī‘a and Surrogacy in Pakistan

Prisons, Abolition and Islamic Legal Discourse

By Adnan Zulfiqar  This post is the fourth and last in a series of four posts on obligation, jihād, revolution and prisons. Over the past several years, there has been a surge of interest in anti-carceral ideas in the United States arising out of greater public awareness of systemic problems in its criminal system. This … Continue reading Prisons, Abolition and Islamic Legal Discourse

New debates about the use and abuse of Islamic criminal law in Afghanistan

The NYT reports on a radical figure in Afghanistan who uses what mainstream scholars of Islamic law around him call novel and excessively harsh interpretations of Islamic criminal law or “sharī'a” to dole out punishments and gain support from locals who incorrectly think these harsh interpretations have religious or historical precedent. This same figure also … Continue reading New debates about the use and abuse of Islamic criminal law in Afghanistan

Capital Punishment Case Establishes that Sharia Cannot Invalidate Secular Laws in Malaysia

By Terrence George 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. Summary In 1988, the Supreme Court of Malaysia heard the case of Che Omar bin Che Soh v. Public Prosecutor.1 The case arose as … Continue reading Capital Punishment Case Establishes that Sharia Cannot Invalidate Secular Laws in Malaysia

Islamic Law & Data Science at MESA 2020! (A PIL Guide)

The Program in Islamic Law (PIL) has curated a list of panels from the Middle East Studies Association's (MESA) 2020 Annual Meeting schedule that are related to Islamic law and history, and data science.* MESA's fifty-fourth annual meeting will be held between October 5 - 17, 2020. Register here. Is there a session missing that … Continue reading Islamic Law & Data Science at MESA 2020! (A PIL Guide)

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