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

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By Zubair Abbasi 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 … 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

Recent Scholarship: Islamic Inheritance Law

Last month, we featured a roundtable discussion on Tunisian president Beji Caid Essebsi’s proposal to amend inheritance laws. A new paper on SSRN offers some historical context for these debates: “Hope Springs Eternal: Reforming Inheritance Law in Islamic Societies” by Ahmed Souaiaia Soon after the Committee on Individual Rights and Equality submitted its report in … Continue reading Recent Scholarship: Islamic Inheritance Law

Roundtable :: Tunisian Inheritance Law Reform

Katarzyna Sidło (Center for Social and Economic Research) organized a PIL Forum Roundtable on the Tunisian president Beji Caid Essebsi's 2017 proposal to amend inheritance laws. She introduces the Roundtable by noting that, under the country’s current Personal Status Code – passed in 1956 – Tunisian citizens may not “allocate their inheritance freely and must … Continue reading Roundtable :: Tunisian Inheritance Law Reform

Thoughts on the Draft Tunisian Inheritance Reform Legislation

Mohammad Fadel (University of Toronto, Faculty of Law) takes a pragmatic approach that helps explain why Tunisian president Beji Caid Essebsi’s 2017 proposal to amend Tunisian inheritance laws has raised so much controversy: "While the new law, if implemented, may not make a substantial tangible difference in people’s lives – especially given the ease with … Continue reading Thoughts on the Draft Tunisian Inheritance Reform Legislation

Because They “Spend of Their Property” No More? An Economic Perspective on Inheritance Rights

Katarzyna Sidło's (CASE - Center for Social and Economic Research) analysis of the Tunisian president Beji Caid Essebsi's 2017 proposal to amend Tunisian inheritance laws examines the issue with an economic lens. The common argument defending the traditional rules and upholding this type of legal gender discrimination in Tunisia is an interpretation of a Qurʾānic … Continue reading Because They “Spend of Their Property” No More? An Economic Perspective on Inheritance Rights

Islamic Law Scholars’ Round-Up: Apr 8

Last month, Asifa Quraishi-Landes and Nadia B. Ahmad published an article in the Washington Post discussing five common misconceptions about the ḥijāb. In addition, Zubair Abassi was quoted in an Al Jazeera article on the experiences of Pakistani women seeking divorces in the country’s family courts. (See also Abbasi’s 2017 SHARIAsource commentary comparing women’s right … Continue reading Islamic Law Scholars’ Round-Up: Apr 8

Lecture Series: Spousal Abuse and Islamic Law Reform

On Mar 28, Professor Mohammad Fadel of the University of Toronto gave a lecture on "Nushuz, Lawful Discipline and Spouse Abuse in the Maliki Madhab: A History and Its Relevance to Modern Islamic Law Reform." He discussed examples of Muslim judges from Mamlūk and Andalusian courts seeking out cases of spousal abuse rather than waiting for those cases to … Continue reading Lecture Series: Spousal Abuse and Islamic Law Reform

Recent Scholarship: Child Law in the Gulf

The latest issue of Brill’s Hawwa: Journal of Women of the Middle East and the Islamic World includes an article by Lena-Maria Möller on the development of family law in Gulf Cooperation Council (GCC) countries. “Family Law in the GCC and the Best Interests of the Child: The Multiple Meanings of a Vague Legal Concept” … Continue reading Recent Scholarship: Child Law in the Gulf