Weekend Scholarship Roundup

In Rediscovery and Revival in Islamic Environmental Law: Back to the Future of Nature's Trust (Cambridge University Press, 2021), Samira Idllalenè (Cadi Ayyad University, Marakesh) argues that commonalities across religions and different legal systems, including common law, Islamic law, and environmental law, can be employed to create better protections against climate change. In Reopening Muslim … Continue reading Weekend Scholarship 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 "From Separation to Anti-Separatism: Divides and Divisiveness of the French Vivre Ensemble" (Berkley Center for Religion, Peace & World Affairs, May 13, 2021), Myriam Hunter-Henin (University College London) takes a closer look at France's Anti-Separatism Law and compares it with the nation's 1905 Law on separation of state and church. Arzoo Oslano's (University of … Continue reading Weekend Scholarship Roundup

Criminal Law (Amendment): Offences in the Name or Pretext of Honor Act, 2016 Passed by Majlis-e-Shoora (Parliament) of Pakistan

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. In October 2016, the Majlis-e-Shoora (Parliament) passed legislation amending the Pakistan Penal Code, 1860 (Act XLV of 1860) and the Code of Criminal Procedure, … Continue reading Criminal Law (Amendment): Offences in the Name or Pretext of Honor Act, 2016 Passed by Majlis-e-Shoora (Parliament) of Pakistan

The “unpardonable” sin of honor killing: A Fatwā

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. Source Summary Fatwā issued by Sunnī Ittehad Council of Pakistan on June 11, 2016.[1] This post comments on an official religious pronouncement (fatwā) issued … Continue reading The “unpardonable” sin of honor killing: A Fatwā

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

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 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