Sohaira Siddiqui explores how scholars grappled with questions of human reason and knowledge, challenging dominant ideas of Shari'a in "Law and Politics under the Abbasids: An Intellectual Portrait of al-Juwayni," Cambridge University Press. Siddiqui highlights the interconnections between al-Juwayni's discussions on theology, law and politics, and the socio-political intellectual landscapes that forged them. In "Consent … Continue reading Weekend Scholarship Roundup
Anika Liversage and Jesper Petersen argue for the importance of local power structures in supporting Muslim women in terminating a nikāḥ in "Etniske minoritetskvinder og skilsmisse – med fokus på muslimske praksisser" (translated from Danish to English as "Ethnic minority women and divorce - with a focus on muslim practices"). The study was commissioned by the Danish … Continue reading Weekend Scholarship Roundup
Case Summary Shamim Ara v. State of U.P. & Anr. is a family law case decided by the Supreme Court of India in 2002. In 1979, petitioner Shamim Ara filed suit against her husband, Abrar Ahmad, alleging that he deserted and failed to support her. Ahmad responded, in 1990, that he was under no obligation … Continue reading Shamim Ara and the “Judicialization” of Divorce
Ashraf Booley argues that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world in "Progressive Realisation of Muslim Family Law: The Case of Tunisia," Islamic Law & Law of the Muslim World eJournal, (originally published in Potchefstroom Electronic Law Journal, Vol. 22, 2019). In the chapter "Islamist Turn in Turkey, … Continue reading Weekend Scholarship Roundup
In "Religio-Secular Counter-Hegemonic Legal Knowledge Production and Its Glocal Dissemination," Islamic Law & Law of the Muslim World eJournal, Ihsan Yilmaz explores unofficial ijtihads, micro-mujtahids, surfers on inter-madhhab, post-modern fragmentation of the unofficial Muslim law sphere, and the emergence of Islamic legal scholars, with a particular focus on the Gülen Movement. Nasir Qadri discusses the 2015 … Continue reading 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
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
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
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
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
