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

Islamic Law in the News Roundup

The Halal Guys filed suit against the Halal Girls, accusing the competing ḥalāl restaurant of trademark infringement. Four alleged white supremacists who are accused of anti-Muslim violence, among other charges, can face charges based on the Anti-Riot Act of 1968, a federal appeals court ruled. Iran's Expediency Council, tasked with settling disagreements between the parliament … Continue reading Islamic Law in the News Roundup

Sharī‘a and Surrogacy in Pakistan

By Nikhil Goyal This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Source Summary: In Farooq Siddiqui v. Mst. Farzana Naheed,[1] the Federal Shariat Court of Pakistan (“the Court”)[2] considers whether surrogacy can be reconciled with … Continue reading Sharī‘a and Surrogacy in Pakistan

Child Marriage and Islamic Law: A Decision of the Oberlandsgericht in Bamberg (Germany)

By Nathalie Gunasekera  This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Abstract: After fleeing worn-torn Syria, a married Syrian Sunnī couple, a fourteen-year old woman, A, and twenty-one-year old man, H, arrived in Germany. Because … Continue reading Child Marriage and Islamic Law: A Decision of the Oberlandsgericht in Bamberg (Germany)

Weekend Scholarship Roundup

Anika Liversage and Jesper Petersen argue for the importance of local power structures in supporting Muslim women in terminating a nikāḥ in "Etniske minoritetskvinder og skilsmisse – med fokus på muslimske praksisser" (translated from Danish to English as "Ethnic minority women and divorce - with a focus on muslim practices"). The study was commissioned by the Danish … Continue reading Weekend Scholarship Roundup