By Mariam Sheibani Source: Al-Qarāfī, Shihāb al-Dīn. Kitāb al-furūq aw Anwār al-burūq fī anwāʿ al-furūq. 3rd ed. Edited by Muḥammad Sarrāj and ʿAlī Jumuʿa. 2 vols. Cairo: Dār al-Salām, 2010. … Continue reading Al-Qarāfī’s collection of legal distinctions
Ibn al-Ṣalāḥ’s fatwā
By Mariam Sheibani Source: Ibn al-Ṣalāḥ al-Shahrazūrī. Fatāwā wa-masāʾil Ibn al-Ṣalāḥ. Edited by ʿAbd al-Muṭīʿ Amīn Qalʿajī. 2 vols. Beirut: Dār al-Maʿrifa, 1986/1406. General Description: This excerpt is a response … Continue reading Ibn al-Ṣalāḥ’s fatwā
The Golden Collection of the Law’s Maxims
By Mariam Sheibani Source: Al-ʿAlāʾī, Ṣalāḥ al-Dīn Khalīl. Al-Majmūʿ al-mudhhab fī qawāʿid al-madhhab. Edited by Majīd ʿAlī al-ʿUbaydī and Aḥmad Khudayrʿ Abbās. 2 vols. Amman: Dār ʿImār, 1425/2004. General Description: … Continue reading The Golden Collection of the Law’s Maxims
The Duality of State Law and Sharīʿa in the Islamic Republic of Iran
By Marzieh Tofighi Darian Islamic Republic of Iran has designed an elaborate and stringent system of Islamic constitutionalism under its 1979 Constitution. Not only does the Constitution aim at making … Continue reading The Duality of State Law and Sharīʿa in the Islamic Republic of Iran
Women’s Rights and the Guardian Council’s Barrier
By Marzieh Tofighi Darian In recent months, there has been a spike in the number of bills that members of Parliament and the executive branch have proposed and presented to … Continue reading Women’s Rights and the Guardian Council’s Barrier
Can one found a church on the open sea under an Islamic government?
By Ohannes Kilicdagi Description of the source: This document is a communication between the office of the Grand Wazīr and Shaykh al-Islām in 1847. It requests permission by the chief … Continue reading Can one found a church on the open sea under an Islamic government?
Protection of Rights through the Criminal Prosecution of State Officials
By Marzieh Tofighi Darian Fundamental rights and freedoms constitute an integral part of most modern constitutions. To ensure these fundamental liberties are secured from government encroachments, most constitutions establish legal … Continue reading Protection of Rights through the Criminal Prosecution of State Officials
Let us find an easy solution but compatible with sharī’a
By Ohannes Kilicdagi The marginal note mentioned in my previous note is a note written by a bureaucrat, most probably by the Grand Wazīr, to the sultan to inform him … Continue reading Let us find an easy solution but compatible with sharī’a
The Transformation in the Collection of Jizya in the Tanzimat Period: From individual to Community
By Ohannes Kilicdagi As it has been established, the 19th century was the era of reform for the Ottoman Empire. Although military reforms started earlier, the 1839 Tanzimat Edict had … Continue reading The Transformation in the Collection of Jizya in the Tanzimat Period: From individual to Community
Classical and Contemporary Scholarly Understandings of Verses 97 to 100 of An-Nisāʾ
By Hamzah Raza Verses 97 to 100 of Surah an-Nisāʾ, the fourth chapter of the Qur'ān, refer to one of the most consequential events in Islamic history. The hijrah was … Continue reading Classical and Contemporary Scholarly Understandings of Verses 97 to 100 of An-Nisāʾ