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 … Continue reading In the News: Islamic Inheritance Laws
By Cem Tecimer Abstract: Joseph Lowry on the Legal Hermeneutics of Two Early Islamic Scholars: In this article, Lowry responds to Calder’s assertion that Shāfi‘ī’s Risāla was written around the … Continue reading Scholarship in “Plain English”: Joseph Lowry on the Legal Hermeneutics of al-Shāfi‘ī and Ibn Qutayba
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. … 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
By Cem Tecimer Abstract: Joseph Lowry questions whether the Qurʾān can be Read as a Law Book. Lowry argues that the Qur’ān is a text full of literary references, often … Continue reading Scholarship in “Plain English”: Joseph Lowry on Reading the Qur’an as a Law Book
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 … Continue reading Review :: Powers on the Role of Endowments, waqf, in Inheritance
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 … Continue reading IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān
By Gizem Orbey In an earlier series of posts, I argued that that a sharīʿa-compliant patent law regime is possible and can even provide valuable new ideas for solving issues … Continue reading Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws
By Gizem Orbey In earlier posts, I argued that a sharīʿa-compliant Islamic patent regime is not only possible, but could supply fresh ideas for solving certain co-ownership problems extant in … Continue reading Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime
