Weekend Scholarship Roundup

Maryam Saeed discusses the constraints in Islamic insurance (takāful) and its impact on the performance of takāful operators in "Challenges of Islamic Insurance (Takaful) Globally," COMSATS Journal of Islamic Finance, 2019. (This article was also featured in this week's issue of SSRN’s Islamic Law & Law of the Muslim World eJournal). In "Islamic Financial Intermediation of Indonesian Economic … Continue reading Weekend Scholarship Roundup

In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate

Islamic law has official jurisdiction of operation in Egypt, where personal status laws regulate matters such as marriage, divorce, and child custody. Like many such countries, Egypt is trying to reform its divorce law. One of its approaches has been to address the financial ramifications of divorce; Egyptian authorities took steps last month to address the country’s climbing divorce rate. … Continue reading In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate

Islamic Law & Law of the Muslim World eJournal: September 25

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Multiplying Zeroes: (In)Validity of Promises in Marriage Contracts under Pakistani Case Law" by Muhammad Munir, International Islamic University, Islamabad - Department of Law.  This article explains how the superior courts in Pakistan have interpreted stipulations in marriage contracts (Nikahnama) in selected cases mostly from 2009 … Continue reading Islamic Law & Law of the Muslim World eJournal: September 25

Recent Developments in Muslim Marriages and Civil Laws

Last summer, the Guardian reported on a legal proceeding in the United Kingdom that explored the extent to which UK law recognizes a marriage conducted according to Islamic law, yet unaccompanied by a civil law marriage. As described in the article, the husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. … Continue reading Recent Developments in Muslim Marriages and Civil Laws

Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

By Waheeda Amien On August 31, 2018, the Western Cape High Court in South Africa handed down a groundbreaking judgment in the case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others.[1] In this case, a full bench of three High Court judges ordered the South African government to … Continue reading Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

Recent Scholarship: Wellbeing of Transnational Muslim Families

Routledge has published a new book on the Wellbeing of Transnational Muslim Families: Marriage, Law and Gender (June 2019). The book, edited by Marja Tiilikainen, Mulki Al-Sharmani, and Sanna Mustasaari, contributes to conversations about migration and social policy in Europe, particularly the Nordic region. From the publisher: This book examines the needs, aspirations, strategies, and … Continue reading Recent Scholarship: Wellbeing of Transnational Muslim Families

Lecture Series: Spousal Abuse and Islamic Law Reform

On Mar 28, Professor Mohammad Fadel of the University of Toronto gave a lecture on "Nushuz, Lawful Discipline and Spouse Abuse in the Maliki Madhab: A History and Its Relevance to Modern Islamic Law Reform." He discussed examples of Muslim judges from Mamlūk and Andalusian courts seeking out cases of spousal abuse rather than waiting for those cases to … Continue reading Lecture Series: Spousal Abuse and Islamic Law Reform

European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law [Molla Sali v. Greece (ECHR 2018)]

In December 2018, the European Court of Human Rights (ECHR) considered the question whether Muslim citizens who lived in the Greek province of Thrace could be required to submit to the jurisdiction of Islamic law, as detailed by local experts called muftīs. In Greek law, Islamic law usually governed matters of family law—such as marriage, … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law [Molla Sali v. Greece (ECHR 2018)]

Recent Scholarship: Akhter v. Khan

In August, the SHARIAsourceBlog featured a roundtable discussion on the Akhter v. Khan case, concerning the legal status of Islamic marriages and divorces under UK law. The London School of Economics' "Religion and Global Society" blog also posted a commentary on the case, written by Alistair Jones, which questioned the role of the government in … Continue reading Recent Scholarship: Akhter v. Khan

In the News: Paternity Lawsuits and DNA Testing in Egypt

Last month, Equal Times (a Brussels-based news site) published an article discussing the increase in paternity lawsuits and calls for DNA testing in Egypt. The Egyptian government estimates there are 75,000 paternity cases that are slowly making their way through the family court system. According to the article, the judges in these paternity cases have … Continue reading In the News: Paternity Lawsuits and DNA Testing in Egypt