What does Equality Mean in the Colonies?

By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?

Ṭalāq in the Colonies – Constraints on Colonial Judiciary

By Nurfadzilah Yahaya In my book, Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020), I demonstrate how colonialism embodies a contradiction; in a sense, colonial authorities limited and restricted subjects’ lives, but their authority gave rise to a sense of possibility for some colonial subjects perceived to be elite.[1] The largest … Continue reading Ṭalāq in the Colonies – Constraints on Colonial Judiciary

Islamic Law in the News Roundup

Ahmadullah, a prominent Muslim cleric from Bangladesh, issued a fatwā stating that using the laughing emoji to mock people is forbidden under Islamic law. Muslim women in Kenya have lobbied the government to ensure that a woman is appointed to the top Kadhi court adjudicating Islamic law matters. A new Pew Research study found that … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

Eid festivities have been halted in Gaza due to Israeli airstrikes. International Union of Muslim Scholars recently convened an extraordinary meeting to discuss the recent conflict between Israel and Palestine and its implications on the Al-Aqsa Mosque. Governor of California appointed Santa Barbara councilwoman and past Islamic Legal Studies Program at Harvard Law School (ILSP) … Continue reading Islamic Law in the News Roundup

Sharī‘a and Surrogacy in Pakistan

By Nikhil Goyal This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Source Summary: In Farooq Siddiqui v. Mst. Farzana Naheed,[1] the Federal Shariat Court of Pakistan (“the Court”)[2] considers whether surrogacy can be reconciled with … Continue reading Sharī‘a and Surrogacy in Pakistan

The Danial Latifi Case: Shah Bano Redux

By Nikhil Goyal This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Source Summary In Danial Latifi & Anr v. Union of India, the Supreme Court of India (the “Court”) considers whether the Muslim Women Protection … Continue reading The Danial Latifi Case: Shah Bano Redux

Islamic Law in the News Roundup

Sudan’s bishops celebrated Sudanese Prime Minister Abdalla Hamdok’s declaration officially forbidding the state from establishing a religion, which had been Islam prior to the declaration. While some Muslims in Malaysia called for making it mandatory for women to wear the ḥijāb (or the tudung, as it is called in Malaysia), Maryam Lee, a prominent human … Continue reading Islamic Law in the News Roundup

The Supreme Court of India Weighs in on Muslim Personal Law

By Nathalie Gunasekera  This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Abstract: Khursheed Ahmad Khan v. State of U.P. is a recent Indian Supreme Court case. Khursheed Ahmad Khan (appellant), a Muslim civil servant, married … Continue reading The Supreme Court of India Weighs in on Muslim Personal Law

Ijtihād on Acquired Immuno Deficiency Syndrome (AIDS)

By Nicholas Kellum This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. In 1983 at its Third Islamic Summit Conference, the Organization of Islamic Cooperation founded the International Islamic Fiqh Academy (“IIFA”).[1]  Based in Jeddah, Saudi … Continue reading Ijtihād on Acquired Immuno Deficiency Syndrome (AIDS)