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

European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law

Last week, the European Court of Human Rights (which examines alleged violations of the 1950 European Convention on Human Rights) handed down its long-anticipated decision in Molla Sali v. Greece, a case about Islamic legal pluralism in Europe and the rights of religious minorities. Stay tuned to the SHARIAsourceBlog for a roundtable discussion on this … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law

In the News: Islamic Inheritance Laws

Earlier this month, Tunisia’s President announced in a speech: “I propose equality inheritance to become law.” Currently in Tunisia, men typically inherit double what women inherit. The proposed change has attracted criticism from conservative Muslim groups, who argue that inheritance should be based on the Qurʾān—even though, according to Tunisia’s 2014 Constitution, Islamic law has … Continue reading In the News: Islamic Inheritance Laws

Moosa NO and Others v. Harnaker and Others (Western Cape High Court of South Africa): Wills Act Incompatible with South Africa Constitution Due to Discrimination Against Muslim Marriages

Contributor Katherine Gonzalez summarizes the recent decision of the Western Cape High Court in Cape Town, South Africa regarding the term "surviving spouse" and how it applies to Muslim marriages.   The Western Cape High Court in Cape Town declared the 1953 Wills Act inconsistent with the South Africa Constitution, because the statute’s provisions were … Continue reading Moosa NO and Others v. Harnaker and Others (Western Cape High Court of South Africa): Wills Act Incompatible with South Africa Constitution Due to Discrimination Against Muslim Marriages

Review :: Powers on the Role of Endowments, waqf, in Inheritance

Centuries before the trust was developed in English common law, Islamic law developed the waqf, or endowment. The waqf allowed a property owner to separate the title to a property from the entitlement to its revenues. Through the waqf ahli, or family endowment, created either during life or as part of a will, a Muslim could gain greater … Continue reading Review :: Powers on the Role of Endowments, waqf, in Inheritance

IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān

When it comes to new technology and Islamic law, it turns out that the principles of Western intellectual property law are quite similar to Islamic property and contract law, according to Turkey editor Gizem Orbey. On her analysis, the latter permits the same applications as the former. Major sources of Islamic law are mum as to protecting … Continue reading IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān