Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS "A Saudi national has been sentenced to death for smuggling banned amphetamine tablets near the country's northern border with Jordan, the Saudi Press Agency reported on Sunday citing the Ministry of Interior." "Nineteen people in northeastern Afghanistan were lashed for adultery, theft and running away from home, a Supreme Court … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Asked by The Washington Post to comment on the recent attack against Salman Rushdie and the fatwā issued by Khomeini against Rushdie for his allegedly blasphemous statements in The Satanic Verses, Editor-in-Chief Professor Intisar Rabb commented: “There is no historical instance or basis for calling on members of the general … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Scholars of Islamic law have continued to debate the question of whether the use of cryptocurrencies is permissible under Islamic law.  For more content and context on Islamic debates over the permissibility of using cryptocurrencies, consult the contributions by our Research Editor Raha Rafii here and here. Some Muslim rights … Continue reading Islamic Law in the News Roundup

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

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Experiencing ‘nikah Captivity’ in the West: Gendered Conflicts over Ending Muslim Marriages" (Journal of Muslims in Europe, online, September 16, 2021), Anika Liversage (The Danish Center for Social Science Research), based on a series of interviews with Muslim women, finds that second-generation Muslims in Denmark are more easily able … Continue reading Weekend Scholarship Roundup

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

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

Scholarship in “Plain English”: Joseph Lowry on the First Islamic Legal Theory

By Cem Tecimer Abstract: Joseph Lowry argues that, much like other legal systems, Islamic legal systems, since their formative periods, grappled with the question of how to reconcile competing jurisprudential arguments and a commitment to orderly jurisprudence. Lowry situates Ibn al-Muqaffa‘’s works in this context, arguing that he was among the earlier jurists with a … Continue reading Scholarship in “Plain English”: Joseph Lowry on the First Islamic Legal Theory

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)