Weekend Scholarship Roundup

Maryam Saeed discusses the constraints in Islamic insurance (takāful) and its impact on the performance of takāful operators in "Challenges of Islamic Insurance (Takaful) Globally," COMSATS Journal of Islamic Finance, 2019. (This article was also featured in this week's issue of SSRN’s Islamic Law & Law of the Muslim World eJournal). In "Islamic Financial Intermediation of Indonesian Economic … Continue reading Weekend Scholarship Roundup

In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate

Islamic law has official jurisdiction of operation in Egypt, where personal status laws regulate matters such as marriage, divorce, and child custody. Like many such countries, Egypt is trying to reform its divorce law. One of its approaches has been to address the financial ramifications of divorce; Egyptian authorities took steps last month to address the country’s climbing divorce rate. … Continue reading In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate

Weekend Scholarship Roundup

Hebrew University of Jerusalem scholars Morr Link and Yoram Haftel discuss the significance of domestic legal traditions, with a particular focus on states with Islamic law tradition, to international dispute settlement in "Islamic Legal Tradition and the Choice of Investment Arbitration Forums," The Review of International Political Economy, Forthcoming.    Mahmoud Jaraba contributed a book chapter entitled “Private Dispute … Continue reading Weekend Scholarship Roundup

Islamic Law & Law of the Muslim World eJournal: September 25

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Multiplying Zeroes: (In)Validity of Promises in Marriage Contracts under Pakistani Case Law" by Muhammad Munir, International Islamic University, Islamabad - Department of Law.  This article explains how the superior courts in Pakistan have interpreted stipulations in marriage contracts (Nikahnama) in selected cases mostly from 2009 … Continue reading Islamic Law & Law of the Muslim World eJournal: September 25

Recent Developments in Muslim Marriages and Civil Laws

Last summer, the Guardian reported on a legal proceeding in the United Kingdom that explored the extent to which UK law recognizes a marriage conducted according to Islamic law, yet unaccompanied by a civil law marriage. As described in the article, the husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. … Continue reading Recent Developments in Muslim Marriages and Civil Laws

Commentary :: Ethiopia’s 1999 Federal Courts of Sharia Consolidation Proclamation: The Function of the Sharīʿa Courts

By Michael Kebede Introduction The Federal Courts of Sharia Consolidation Proclamation, enacted in 1999 by the House of People’s Representatives, reorganizes Ethiopia’s official sharīʿa courts to conform with the country’s newly established federal court system.[1] Before Ethiopia’s current regime came to power in 1991, a de jure centralized court system run by a unitary state … Continue reading Commentary :: Ethiopia’s 1999 Federal Courts of Sharia Consolidation Proclamation: The Function of the Sharīʿa Courts

Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

By Waheeda Amien On August 31, 2018, the Western Cape High Court in South Africa handed down a groundbreaking judgment in the case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others.[1] In this case, a full bench of three High Court judges ordered the South African government to … Continue reading Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Photograph of Indian flag flowing in the wind

India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Islamic Law & Law of the Muslim World eJournal: July 26th

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This week’s issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes: “The Recognition and Enforcement of Foreign Filiation Judgments in Arab Countries” by Béligh Elbalti This chapter from Filiation and the Protection of Parentless Children: Towards a Social Definition of the Family in Muslim Jurisdictions, edited by Nadjma Yassari, Lena-Maria Möller, … Continue reading Islamic Law & Law of the Muslim World eJournal: July 26th

Recent Scholarship: Wellbeing of Transnational Muslim Families

Routledge has published a new book on the Wellbeing of Transnational Muslim Families: Marriage, Law and Gender (June 2019). The book, edited by Marja Tiilikainen, Mulki Al-Sharmani, and Sanna Mustasaari, contributes to conversations about migration and social policy in Europe, particularly the Nordic region. From the publisher: This book examines the needs, aspirations, strategies, and … Continue reading Recent Scholarship: Wellbeing of Transnational Muslim Families