Weekend Scholarship Roundup

Leor Halevi's Modern Things on Trial: Islam's Global and Material Reformation in the Age of Rida 1865-1935, Columbia University Press 2019, wins the J. Willard Hurst Book Prize. In "Ideology, Communication, and Response to Terrorism: A Sharia-based Perspective," Islamic Law & Law of the Muslim World eJournal (originally published in the International Journal of Academic … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

Ana Echevarría captures changes in the field around local understandings of Mudejar as a specific Iberian category to a more comprehensive approach as one of many Muslim minorities in the Middle Ages in "Muslim minorities versus Mudejars: From the margins to the central stage of Iberian history," History Compass. In "Negotiating Mughal Law: A Family … Continue reading Weekend Scholarship Roundup

Lunch Talk: Judicial Review in Iran

On Apr 16, Marzieh Tofighi Darian gave a talk on "Judicial Review in Iran: Whose Guardian: Constitution or Sharia?" in which she examined the role of Iran's Guardian Council in evaluating claims of sharīʿa compatibility and constitutional violations. She detailed the Guardian Council’s place in Iran’s constitutional design and the controversies that arise with Parliament … Continue reading Lunch Talk: Judicial Review in Iran

Islamic Law & Law of the Muslim World eJournal: Sept 7th

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

This week's issue of the Islamic Law & Law of the Muslim World eJournal includes: "Islam and Women Rights in Pakistan" by Ihsan Yilmaz and Zahid Shahab Ahmed This paper analyzes the impact of two constitutional bodies with the power to perform ijtihād—the Council of Islamic Ideology and the Federal Shariat Court—on women's rights in … Continue reading Islamic Law & Law of the Muslim World eJournal: Sept 7th

Country Profile: Iran

This Country Profile provides a basic overview of the legal history and institutional structures of the Islamic Republic of Iran (Jomhuri-ye Eslami-ye Iran), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Iran's Constitution, Islamic law (sharīʿa or fiqh) is the principle source of legislation. Country Background Iran is located in the Middle East, bordering the … Continue reading Country Profile: Iran

Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence

By Marzieh Tofighi Darian This post argues that there is an excessive focus on sharīʿa-compatibility for legislation and judicial decisions in Iran. Even when a law enters into force or a judicial decision becomes final, there are still tools for the Guardian Council to legally invalidate the law or reverse the judicial decision. Assessing the … Continue reading Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence

Iranian Plenary Assembly Reiteration Opinion No. 21

A Ra’y-e Esrārī (opinion issued when the lower court to which the case is remanded reiterates on the rejected decision) by the Civil Division of the Plenary Assembly of Iranian Supreme Court. According to this opinion, when the sale of pledged property by the pledgor contains a stipulation to the effect that the seller/pledgor has to pay all … Continue reading Iranian Plenary Assembly Reiteration Opinion No. 21

Call for Applications: Iran Graduate Student Workshop at University of Pennsylvania

On May 4-5, 2018, the University of Pennsylvania will host the second gathering of this joint workshop, to be followed by similar meetings at the other campuses every two years. This second workshop in 2018 will consist of PhD students that are near ABD status and preparing their dissertation proposals (i.e., typically in their 2nd … Continue reading Call for Applications: Iran Graduate Student Workshop at University of Pennsylvania

Commentary :: Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?

Professor Intisar Rabb and Iran editor Marzieh Tofighi Darian analyze changes made to statutes defining juvenile crimes and punishment under Iran's new Islamic Penal Code, passed in 2013. The Code follows a traditional dichotomy between ḥudūd fixed crimes and qiṣāṣ retaliatory scheme (which are directly incorporated from classical Islamic law interpretations of criminal law into … Continue reading Commentary :: Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?