ISLAMIC LAW IN THE NEWS "The UN experts demanded an immediate cessation of public floggings and execution while reminding the Afghan government of the country’s standing as a state party to both the Convention against Torture and the International Covenant on Civil and Political Rights." "The Afghan government on Tuesday barred women from attending private … Continue reading Islamic Law in the News Roundup
Weekend Scholarship Roundup
SCHOLARSHIP ROUNDUP On Islamic Law In "Litigious Zeal" (Inquest, November 22, 2022), SpearIt (University of Pittsburgh) explores how Muslim prisoners in the United States "sue religiously" and argues that Muslim prisoner litigation has resulted in reforms for prisoner rights in the country. In "General Principles of Business Contracts in Islamic Law" (in Institutional Islamic Economics … 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 "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
Abou El Fadl on Sexual Violence in Islamic Law
SHARIAsource Senior Scholar Khaled Abou El Fadl recently gave a lecture (available on YouTube here) regarding the prohibition of torture in Islam, which he explained is not derived from modern international law, but rather from the Qurʾān and ḥadīth. In particular, Abou El Fadl pushed back against the misconception that, under Islamic criminal law, victims … Continue reading Abou El Fadl on Sexual Violence in Islamic Law
FEATURE :: Roundtable on Pakistan’s Landmark Blasphemy Case: Asia Bibi v. The State (2018)
Three scholars of Islamic constitutionalism and law consider the Pakistan Supreme Court's recent decision on Asia Bibi v. The State, the blasphemy case that has drawn widespread international attention since 2010. Last month the Pakistan Supreme Court acquitted Asia Bibi of blasphemy charges, bringing Asia Bibi v. The State to a judicial conclusion. Asia Bibi's … Continue reading FEATURE :: Roundtable on Pakistan’s Landmark Blasphemy Case: Asia Bibi v. The State (2018)
The Asia Bibi Blasphemy Law Case in Pakistan: Winning the Battle, Losing the War
Editor Rachel Mazzarella comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about evidence, judicial independence, procedure, and the state's authority in matters of law and religion. On October 8, 2018, the Supreme Court of Pakistan vacated … Continue reading The Asia Bibi Blasphemy Law Case in Pakistan: Winning the Battle, Losing the War
Reasserting the Authority of State: Comment on Asia Bibi v The State
Editor Zubair Abbasi comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about evidence, judicial independence, procedure, and the state's authority in matters of law and religion. Summary While acquitting Asia Bibi after finding inconsistencies in the statements … Continue reading Reasserting the Authority of State: Comment on Asia Bibi v The State
Asia Bibi v. The State: Problems of Evidence and Procedure in Pakistan
Guest contributor Imran Ahmed comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about evidence, judicial independence, procedure, and the state's authority in matters of law and religion. The Supreme Court ruling in the case against Asia … Continue reading Asia Bibi v. The State: Problems of Evidence and Procedure in Pakistan
Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Pakistan)
By Zainab Samantash Introduction/Summary: This Ordinance was introduced and was part of the then President, General Zia-ul-Haqś Islamization campaign, which aimed to bring the law into conformity with Islamic injunctions. It was drafted by the Council of Islamic Ideology[1] in consultation with Dr. Ma’ruf al-Dawalibi[2]. The law was prepared in Arabic and later translated into … Continue reading Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Pakistan)