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 … Continue reading Thoughts on the Draft Tunisian Inheritance Reform Legislation
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 … Continue reading Because They “Spend of Their Property” No More? An Economic Perspective on Inheritance Rights
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, … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law
By Marzieh Tofighi Darian Facts: The applicant, Mrs. Chatitze Molla Sali was named as the sole beneficiary in a notarized public will drawn by her Muslim husband in 2003 in … Continue reading Molla Sali v. Greece European Court of Human Rights Case Brief
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
