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 "Discrimination Between Muslim Prisoners' Kufis and Jewish Prisoners' Yarmulkes Is Unconstitutional" (The Volokh Conspiracy, February 28, 2022), Eugene Volokh (UCLA Law) refers to the recent case of Moore v. Washington, which held that it was unconstitutional that "[t]he policy at issue made a facially discriminatory distinction between Jewish men, … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The hijāb controversy in India, occasioned by a university administration refusing to admit some Muslim students wearing the Islamic veil, has been ongoing, with a court case regarding the matter still pending before Indian courts.  The Karnataka government, the Indian state in which the controversy has taken place, has so … Continue reading Islamic Law in the News 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

Recent Case Roundup: On the Turkish Decision on the Kariye Mosque

On November 11, 2019, a division of Turkey's highest administrative appellate court annulled a presidential decision dated 1945 by Ismet Inonu, the second president of the Turkish Republic and the successor to Mustafa Kemal Ataturk, the founding president of the country, that had converted the Kariye Mosque into a museum. Prior to the conquest of … Continue reading Recent Case Roundup: On the Turkish Decision on the Kariye Mosque

Recent Case Roundup: On the Turkish Decision on Hagia Sofia

On July 2, 2020, a division of Turkey's highest administrative appellate court annulled a 1934 presidential decision by Kemal Ataturk, founding president of Turkey, converting Hagia Sophia (tr. Aya Sofya) into a museum.  Days later, on July 10, 2020, Recep Tayyip Erdogan issued a decision based on the court ruling, restoring its status as a … Continue reading Recent Case Roundup: On the Turkish Decision on Hagia Sofia

Islamic Law in the News Roundup

This Thursday, the European Court of Human Rights (ECHR) unanimously held that Greece owed a Greek woman by the name of Molla Sali 51,000 euros ($57,000) in damages plus expenses “for siding with her late husband’s two sisters and for applying ‘Sharia law to a section of its citizens against their wishes.’” This judgment follows a 2018 decision by the same court in Molla … Continue reading Islamic Law in the News Roundup

Supreme Court’s Trump v. Hawaii

By Gamal Gasim, PhD (Grand Valley State University) After only one week in the White House oval office, President Trump signed Executive Order 13769 (EO-1) ordering a temporary ban on entries to the United States by citizens of seven Muslim-majority countries. The original list included Yemen, Iraq, Sudan, Syria, Libya, Iran, and Somalia. The EO-1 … Continue reading Supreme Court’s Trump v. Hawaii

Kadijustiz: Case Summaries

By Katherine Gonzalez Title Terminiello v. Chicago, 337 U.S. 1 __ (1949): Religiously Inflammatory Speech Case [Summary Data] (Upper Fields) [Document Type = Contemporary Primary Source] [Date = 1949] [Reference Type = Case] Holding Holding: A “breach of the peace” ordinance unconstitutionally infringed upon the First Amendment right to freedom of speech. Free speech can … Continue reading Kadijustiz: Case Summaries

Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq