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

Islamic Law from the Internal Point of View

By Haider A. Hamoudi (University of Pittsburgh) This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar Rabb: “Methods and Meaning in Islamic Law: … Continue reading Islamic Law from the Internal Point of View

Tracing the history of Ibāḍī law and jurisprudence: A state of art

By Ersilia Francesca (University of Naples “L’Orientale”) This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar Rabb: “Methods and Meaning in Islamic Law: Introduction." … Continue reading Tracing the history of Ibāḍī law and jurisprudence: A state of art

Sharī‘a and Surrogacy in Pakistan

By Nikhil Goyal 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: In Farooq Siddiqui v. Mst. Farzana Naheed,[1] the Federal Shariat Court of Pakistan (“the Court”)[2] considers whether surrogacy can be reconciled with … Continue reading Sharī‘a and Surrogacy in Pakistan

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

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

Interpreting Sharī’a in Amina Lawal v. State

By Limeng Sun 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: This blog post examines Amina Lawal v. State, a criminal case adjudicated by the Sharī‘a Court of Appeal of Katsina State, Nigeria.[1] … Continue reading Interpreting Sharī’a in Amina Lawal v. State

Abou El Fadl on Sexual Violence in Islamic Law

SHARIAsource Senior Scholar Khaled Abou El Fadl recently gave a lecture (available on YouTube here) regarding the prohibition of torture in Islam, which he explained is not derived from modern international law, but rather from the Qurʾān and ḥadīth. In particular, Abou El Fadl pushed back against the misconception that, under Islamic criminal law, victims … Continue reading Abou El Fadl on Sexual Violence in Islamic Law

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