Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Experiencing ‘nikah Captivity’ in the West: Gendered Conflicts over Ending Muslim Marriages" (Journal of Muslims in Europe, online, September 16, 2021), Anika Liversage (The Danish Center for Social Science Research), based on a series of interviews with Muslim women, finds that second-generation Muslims in Denmark are more easily able … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

Islamic Law in the News: Nailah Dean, writer and activist, has introduced her "ISMS Project," comprising a series of images to demonstrate what she terms the "Muslim Marriage Crisis" in an age of "digital, hyper-visual time" that represent sexism, ageism, racism, and colorism. The project represents, in addition to these four "-isms," the Muslim woman's … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

Al Sudais, the President of the General Presidency for the Affairs of the Two Holy Mosques in Saudi Arabia, appointed two women, Dr. Fatima Al Rushood and Dr. Al Anoud Al Aboud, as his assistants, marking a first in the history of the administration of the Muslim holy sites. The Council of Islamic Ideology (Pakistan) … Continue reading Islamic Law in the News Roundup

Portals to the Future: Translations of Powers of Attorney

By Nurfadzilah Yahaya Powers of attorney form the basis of the second chapter of my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020). The digital collection of these documents produced by the Arab communities in the Straits Settlements (mostly Singapore) in the Koh Seow Chuan Collection in the National … Continue reading Portals to the Future: Translations of Powers of Attorney

What does Equality Mean in the Colonies?

By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?

Ṭalāq in the Colonies – Constraints on Colonial Judiciary

By Nurfadzilah Yahaya In my book, Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020), I demonstrate how colonialism embodies a contradiction; in a sense, colonial authorities limited and restricted subjects’ lives, but their authority gave rise to a sense of possibility for some colonial subjects perceived to be elite.[1] The largest … Continue reading Ṭalāq in the Colonies – Constraints on Colonial Judiciary

Islamic Law in the News Roundup

Ahmadullah, a prominent Muslim cleric from Bangladesh, issued a fatwā stating that using the laughing emoji to mock people is forbidden under Islamic law. Muslim women in Kenya have lobbied the government to ensure that a woman is appointed to the top Kadhi court adjudicating Islamic law matters. A new Pew Research study found that … Continue reading Islamic Law in the News Roundup

Islamic Law, Assisted Reproductive Technologies, and Surrogacy

By Ayman Shabana In the Islamic legal tradition, family relationships are based on one of three main bonds: blood, marriage, and breastfeeding. One’s formal affiliation is determined primarily on the basis of the agnatic line of descent. Family relationships on the maternal side are important but most lineage-related regulations are based on one’s patrilineal descent. … Continue reading Islamic Law, Assisted Reproductive Technologies, and Surrogacy

Islamic Law of Paternity and DNA Evidence

By Ayman Shabana In the Islamic tradition, Islamic rules governing paternity are closely tied to a number of important legal concepts and procedures. Most importantly, paternity regulations have strong connections with marriage and the definition of a licit sexual relationship, mainly in light of the well-known Prophetic report which has established that link “the child … Continue reading Islamic Law of Paternity and DNA Evidence

Islamic Law in the News Roundup

A California Court of Appeals refused to apply Iranian law in a case involving a plaintiff whose work in Iran exposed him to high levels of asbestos, reasoning that Iranian law reflects religious ideology instead of economic interest. The All India Muslim Personal Law Board issued a statement urging Muslims in India to adhere to Islamic … Continue reading Islamic Law in the News Roundup