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)

CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd

The Federal Sharia Court (FSC) of Pakistan has used Islamic criminal law (hudud) cases to expand its jurisdiction, in a move that has wide ranging effects for the adjudication of Islamic law in the country. One notable case[1] in which it sought to do so arose in a 2010 challenge to the constitutionality of the … Continue reading CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd

Apostasy and Blasphemy in Islamic Law

By Jiou Park This post will provide a survey of pre-modern Islamic law regarding apostasy (ridda), blasphemy, and the related concept of unbelief (kufr). The exploration of such concepts will serve as background for a forthcoming discussion on the application of blasphemy and apostasy laws in contemporary Muslim-majority countries. In classical Islam, apostasy (ridda, or … Continue reading Apostasy and Blasphemy in Islamic Law

Pakistan’s Anti-Rape Laws Bill: Panacea or Posturing?

By Nimra Azmi In March 2015, the Pakistani Senate unanimously passed the Anti-Rape Laws Bill of 2014. (While the Anti-Rape Laws Bill has passed in the upper house, it is awaiting approval of the National Assembly or the lower house of the Pakistani Parliament, the Majlis-e-Shura.[1]) This Bill is the most recent major move made … Continue reading Pakistan’s Anti-Rape Laws Bill: Panacea or Posturing?