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

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

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

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

Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws

By Zubair Abbasi In my previous blog posts, I identified Islamic judicial review as the distinctive feature of Pakistan’s legal system. In my next three posts, I shall scrutinize how Islamic judicial review works in practice through the analysis of a few important judgments related to criminal law and family law. In this first post, … Continue reading Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws

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)