Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Judicial Crisis in Damascus on the Eve of Baybars’s Reform: The Case of the Minor Orphan Girl (651–55/1253–57)" (Islamic Law and Society (March 23, 2022)), Mariam Sheibani (The University of Toronto Scarborough) "reconstructs a late-Ayyubid court case in Damascus that was litigated repeatedly between 651/1253 and 655/1257, five years … Continue reading Weekend Scholarship Roundup

From Child Rape to Zinā with a Child: Analysis of Consent to Sexual Intercourse and Minimum Age of Criminal Liability under Acehnese Qanun Jinayat

By Waskito Jati Having remained under the jurisdiction of the Indonesian judicial system, the codified Acehnese Islamic criminal code (Qanun Jinayat) exemplifies the intricacies of incorporating classical Islamic concepts alongside modern and secular government regulations.[1] The case being discussed in this essay is one example wherein a child rape allegation turns into an allegation of … Continue reading From Child Rape to Zinā with a Child: Analysis of Consent to Sexual Intercourse and Minimum Age of Criminal Liability under Acehnese Qanun Jinayat

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS In its largest execution ever, Saudi Arabia put 81 people to death, convicted of various crimes, including rape and murder, despite the Crown Prince's earlier statements that the death penalty would not be used liberally by the courts. The Supreme Court of Pakistan recently ruled that a father's gift of … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The United States Supreme Court declined to review Hoda Muthana's petition seeking to reenter the United States, after her passport was revoked for leaving the country to join the Islamic State in 2014.  Some experts in the UAE legal system expressed their hesitancy regarding the recent legal overhaul that relaxed … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The Department of Justice announced that Stafford County, Virginia recently repealed an ordinance that prevented the development of a cemetery for people of the Islamic faith. Stacker has compiled a list of abortion laws in 15 countries, including Saudi Arabia, where scholars comment it is easier to obtain an abortion … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

Islamic Law in the News: Nailah Dean, writer and activist, has introduced her "ISMS Project," comprising a series of images to demonstrate what she terms the "Muslim Marriage Crisis" in an age of "digital, hyper-visual time" that represent sexism, ageism, racism, and colorism. The project represents, in addition to these four "-isms," the Muslim woman's … Continue reading Islamic Law in the News Roundup

State v. Waseem et al. – Waiver of Qiṣāṣ and Taz‘īr in Honor Killing

By Zainab Hashmi 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. Case Summary In September 2019, a Multan Sessions Court (state trial court) issued its decision in State v. Muhammad Waseem et al., a high-profile … Continue reading State v. Waseem et al. – Waiver of Qiṣāṣ and Taz‘īr in Honor Killing

Weekend Scholarship Roundup

In "Civil Law Principles in Fiqh of Islamic Law" (Tematics Journal of Law 14, no. 12 (December 2020)), Ayub Mukhammadiev (The Military-Technical Institute of the National Guard of the Republic of Uzbekistan) provides a brief overview of some general principles of Islamic law. In "Re-Assessing the Evidentiary Threshold for Zinā’ in Islamic Criminal Law: A … Continue reading Weekend Scholarship Roundup

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

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