In "Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the US Mass Incarceration?" (SSRN, June 23, 2021), Amin R. Yacoub (University of Virginia School of Law) and Becky Briggs (University of San Diego) discuss the phenomenon of mass incarceration in the United States and how Islamic law principles of criminal … Continue reading Weekend Scholarship Roundup
In Rediscovery and Revival in Islamic Environmental Law: Back to the Future of Nature's Trust (Cambridge University Press, 2021), Samira Idllalenè (Cadi Ayyad University, Marakesh) argues that commonalities across religions and different legal systems, including common law, Islamic law, and environmental law, can be employed to create better protections against climate change. In Reopening Muslim … Continue reading Weekend Scholarship Roundup
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
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. In October 2016, the Majlis-e-Shoora (Parliament) passed legislation amending the Pakistan Penal Code, 1860 (Act XLV of 1860) and the Code of Criminal Procedure, … Continue reading Criminal Law (Amendment): Offences in the Name or Pretext of Honor Act, 2016 Passed by Majlis-e-Shoora (Parliament) of Pakistan
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. Source Summary Fatwā issued by Sunnī Ittehad Council of Pakistan on June 11, 2016. This post comments on an official religious pronouncement (fatwā) issued … Continue reading The “unpardonable” sin of honor killing: A Fatwā
By Adnan Zulfiqar This post is the fourth and last in a series of four posts on obligation, jihād, revolution and prisons. Over the past several years, there has been a surge of interest in anti-carceral ideas in the United States arising out of greater public awareness of systemic problems in its criminal system. This … Continue reading Prisons, Abolition and Islamic Legal Discourse
Guest contributor Jacob Olidort critically examines ISIS's claim of adherence to the doctrine of Salafism, a popular orientation among conservative Muslim clerics who attempt to model their actions on a certain vision of law and theology in the early Muslim community. Himself a scholar of modern Salafī thought, Olidort concludes that ISIS's claims are at … Continue reading Does ISIS Really Follow the Salafī Version of Islamic Law and Theology?
Guest contributor Mara Revkin outlines the legal infrastructure of ISIS. She argues that the movement's barbarism and apparently wanton acts of terrorism belies a self-contained legal system based on Islamic law – including the Islamic law of evidence. Using interviews with eighty-two Syrians and Iraqis, Revkin reconstructs how evidence is used within ISIS's purported borders. … Continue reading The Construction and Failure of Islamic Laws of Evidence in ISIS’s State-Building Project