"Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58" by Rabiat Akande. This article narrates the ways in which siyasa, understood as "discretionary powers of political rulers," facilitated the making of a British Colonial Islamic law. Here, Akande focuses on criminal law in order to highlight what set … Continue reading Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria
On Mar 28, Professor Mohammad Fadel of the University of Toronto gave a lecture on "Nushuz, Lawful Discipline and Spouse Abuse in the Maliki Madhab: A History and Its Relevance to Modern Islamic Law Reform." He discussed examples of Muslim judges from Mamlūk and Andalusian courts seeking out cases of spousal abuse rather than waiting for those cases to … Continue reading Lecture Series: Spousal Abuse and Islamic Law Reform
Last week’s New York Times article on “The Case of the Purloined Poultry: How ISIS Prosecuted Petty Crime” describes the implementation of Islamic criminal law in Iraq under ISIS. According to Mara Revkin of Yale University, providing open and quick access to justice was one way that ISIS tried to distinguish itself from the Iraqi government: “ISIS seemed to … Continue reading In the News: Revkin on ISIS’s Legal System
This commentary, by Waskito Jati, criticizes the prevailing opinion that non-Muslims who have been lashed in public after violating Islamic criminal law in Aceh have voluntarily surrendered to Islamic law after being given the choice of prosecution under Acehnese Qanun Jinayat, the Indonesian penal code. Article 5 (C) of the Qanun contradicts this opinion by stating … Continue reading Commentary :: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law
This commentary, by Waskito Jati, discusses the formation of the new sharīʿa court (mahkamah syar’iyah) following the granting of the special region status to the province of Aceh, Indonesia, in 1999. This status gives Aceh the right to implement Islamic law in its region, including Islamic criminal law. The events following the formation of the sharīʿa … Continue reading Commentary :: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System
This post, by Waskito Jati, examines the litigation process and sentencing regime for a new type of moral crime in Aceh: khalwat (when an unmarried man and woman are secluded). This act is criminalized under the new Acehnese Islamic Criminal Law (Aceh Qanun Jinayat No. 6 of 2014). The classification of khalwat as a moral crime … Continue reading Commentary :: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”
In chapter two of Justice and Leadership in Early Islamic Courts, Hossein Modarressi examines procedural differences between criminal and ordinary courts during the ʿAbbāsid period. Read the chapter.
A document of national significance, the Police Order outlines the roles, duties, and structure of police in Pakistan. Contributed by contributor Nimra Azmi. Read here.
According to the Penal Code of 1960, criminal laws purportedly based on sharīʿa ceased to exist in Northern Nigeria. In 2000, twelve states of Northern Nigeria sought to reintroduce Islamic criminal law, which had been partially in place prior to the 1960 law reforms. Besides the enactment of penal codes, these states enacted several laws designed to … Continue reading New Resource: Compendium on Islamic Criminal Laws of Northern Nigeria