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

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

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

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)

Commentary :: Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?

Professor Intisar Rabb and Iran editor Marzieh Tofighi Darian analyze changes made to statutes defining juvenile crimes and punishment under Iran's new Islamic Penal Code, passed in 2013. The Code follows a traditional dichotomy between ḥudūd fixed crimes and qiṣāṣ retaliatory scheme (which are directly incorporated from classical Islamic law interpretations of criminal law into … Continue reading Commentary :: Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?