Islamic Law in the News Roundup

This Ramadan, because the duration of the fast varies from city to city based on dawn-to-dust time,  the Russian city of Murmansk has the longest fasting time - a total of 18 hours. Standard Bank announced that it launched its first shar'īa discretionary trust offering. Legal experts from the UAE recently stated that a person … Continue reading Islamic Law in the News Roundup

The Danial Latifi Case: Shah Bano Redux

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 Danial Latifi & Anr v. Union of India, the Supreme Court of India (the “Court”) considers whether the Muslim Women Protection … Continue reading The Danial Latifi Case: Shah Bano Redux

Weekend Scholarship Roundup

Hossein Kamaly details the biographies of some of the most illuminary Muslim women in Islamic history in A History of Islam in 21 Women (One World Publications). Georgetown University Qatar has been hosting "Pandemic Panels," which are virtual discussions, moderated by Dean Ahmad Dallal, gathering faculty experts to reflect on the current global human crisis … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "Religio-Secular Counter-Hegemonic Legal Knowledge Production and Its Glocal Dissemination," Islamic Law & Law of the Muslim World eJournal, Ihsan Yilmaz explores unofficial ijtihads, micro-mujtahids, surfers on inter-madhhab, post-modern fragmentation of the unofficial Muslim law sphere, and the emergence of Islamic legal scholars, with a particular focus on the Gülen Movement. Nasir Qadri discusses the 2015 … Continue reading Weekend Scholarship Roundup

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

Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

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India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Recent Scholarship: Abbasi on Islamic Divorce Law

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The latest issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes the following article by SHARIAsource South Asia Editor Zubair Abbasi: "From Faskh to Khula: Transformation of Muslim Women’s Right to Divorce in Pakistan (1947-2017)" In the article, Abbasi traces the transformation of women's right to divorce in Pakistani courts over … Continue reading Recent Scholarship: Abbasi on Islamic Divorce Law

Recent Scholarship: Special Journal Issue on Khulʿ

The latest issue of Brill's Islamic Law and Society explores khulʿ practices in the modern world. Khulʿ is a type of Islamic divorce procedure. Although it usually refers to a type of divorce initiated by the wife, the articles below highlight many regional differences, including in the role of the husband and the role of … Continue reading Recent Scholarship: Special Journal Issue on Khulʿ

In the News: Triple Ṭalāq Criminalized in India

About three months ago, the Indian government formally criminalized “triple ṭalāq” divorce—an instant and irrevocable divorce under some versions of Islamic law where a husband can unilaterally divorce his wife by saying the word ṭalāq (divorce) three times. The Supreme Court of India had ruled last August that the practice of “triple ṭalāq” was unconstitutional. … Continue reading In the News: Triple Ṭalāq Criminalized in India

Islamic Law & Law of the Muslim World eJournal: Oct 5th

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This week’s issue of the Islamic Law & Law of the Muslim World eJournal includes: “Open Issues in European International Family Law: Sahyouni, “Private Divorces” and Islamic law under the Rome III Regulation” by Susanne Lilian Gössl This paper examines whether the Rome III Regulation, an EU legal pact concerning which law to use in … Continue reading Islamic Law & Law of the Muslim World eJournal: Oct 5th