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)

Islamic Law in the News Roundup

This Thursday, the European Court of Human Rights (ECHR) unanimously held that Greece owed a Greek woman by the name of Molla Sali 51,000 euros ($57,000) in damages plus expenses “for siding with her late husband’s two sisters and for applying ‘Sharia law to a section of its citizens against their wishes.’” This judgment follows a 2018 decision by the same court in Molla … Continue reading Islamic Law in the News Roundup

Talāq, Sex Equality, and Due Process

By Limeng Sun 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. Case Summary: The Maryland Court of Appeals, the state’s highest court, in a case of first impression, held that the enforcement of a talāq … Continue reading Talāq, Sex Equality, and Due Process

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 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

Recent Scholarship: Abbasi on Islamic Divorce Law

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

The latest issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes the following article by SHARIAsource South Asia Editor Zubair Abbasi: "From Faskh to Khula: Transformation of Muslim Women’s Right to Divorce in Pakistan (1947-2017)" In the article, Abbasi traces the transformation of women's right to divorce in Pakistani courts over … Continue reading Recent Scholarship: Abbasi on Islamic Divorce Law

Recent Scholarship: Special Journal Issue on Khulʿ

The latest issue of Brill's Islamic Law and Society explores khulʿ practices in the modern world. Khulʿ is a type of Islamic divorce procedure. Although it usually refers to a type of divorce initiated by the wife, the articles below highlight many regional differences, including in the role of the husband and the role of … Continue reading Recent Scholarship: Special Journal Issue on Khulʿ

In the News: Triple Ṭalāq Criminalized in India

About three months ago, the Indian government formally criminalized “triple ṭalāq” divorce—an instant and irrevocable divorce under some versions of Islamic law where a husband can unilaterally divorce his wife by saying the word ṭalāq (divorce) three times. The Supreme Court of India had ruled last August that the practice of “triple ṭalāq” was unconstitutional. … Continue reading In the News: Triple Ṭalāq Criminalized in India