Translations of Three Tenth/Sixteenth Century Egyptian Ottoman Court Decisions

By Omar Farahat This is the first of two posts that discuss sixteenth-century Egyptian Ottoman court records. In this post, I offer translations of three decisions and briefly explain their context. In the second post, I will provide some reflections on the structure of those records and its implications. This post includes translations of three … Continue reading Translations of Three Tenth/Sixteenth Century Egyptian Ottoman Court Decisions

Islam and Data Science Roundup

In "Distribution of Inheritance under Islamic Law: An Appraisal of Online Inheritance Calculators" (August 16, 2020 (SSRN)), Shahbaz Ahmad Cheema (Punjab University, Law College) investigates the accuracy and efficiency of online inheritance calculators that compute shares in accordance with Islamic inheritance law. While noting that the accuracy and efficiency of these calculators vary, the author … Continue reading Islam and Data Science Roundup

Islamic Judicial Review in Practice (3): Sharia and State Law

By Zubair Abbasi The enthusiasm of the Shariat Benches to judicially Islamize laws is best reflected in the judgment of the Shariat Bench of the Peshawar High Court in Mst. Farishta v Federation of Pakistan.[1] In this judgment, the Shariat Bench reviewed the Muslim Family Laws Ordinance 1961 (MFLO). Pakistan’s first military ruler, Ayub Khan … Continue reading Islamic Judicial Review in Practice (3): Sharia and State Law

In the News: Molla Sali v. Greece

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 In the News: Molla Sali v. Greece

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

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