COVID-19 and Islamic Law Roundup

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Dar-al-Aftah of Pakistan, in consultation with other Islamic scholars, announced in its fatwā that the COVID-19 vaccine is permissible under Islamic law. AstraZeneca recently responded to concerns from the Muslim world and especially from Indonesia that its COVID-19 vaccine contains ingredients whose consumption is prohibited by Islam, stating that the vaccine does not contain any … Continue reading COVID-19 and Islamic Law 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

Islamic Law from the Internal Point of View

By Haider A. Hamoudi (University of Pittsburgh) This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar Rabb: “Methods and Meaning in Islamic Law: … Continue reading Islamic Law from the Internal Point of View

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

Islamic Law in the News Roundup

International outcry continued against French President Macron’s statement describing Islam as a “religion in crisis” and announcement that his government would soon advance a bill that would allow for greater government regulation of mosques and their clerics. Pakistan’s Council of Islamic Ideology approved the construction of a Hindu temple whose construction was previously halted by … Continue reading Islamic Law in the News Roundup

Conjoined Twins: Human Rights and Islam in the Constitutional System of Pakistan

By Zubair Abbasi Ever since Pakistan’s creation as an independent state in 1947, Islam has continued to permeate its constitutional and legal system. From the confines of the personal law of Muslims at the time of independence, Islam has become the grundnorm of Pakistan’s constitutional system.[1] Curiously, the gradual elevation of Islam in the formal … Continue reading Conjoined Twins: Human Rights and Islam in the Constitutional System of Pakistan

Islamic Judicial Review in Practice (3): Sharia and State Law

By Zubair Abbasi The enthusiasm of the Shariat Benches to judicially Islamize laws is best reflected in the judgment of the Shariat Bench of the Peshawar High Court in Mst. Farishta v Federation of Pakistan.[1] In this judgment, the Shariat Bench reviewed the Muslim Family Laws Ordinance 1961 (MFLO). Pakistan’s first military ruler, Ayub Khan … Continue reading Islamic Judicial Review in Practice (3): Sharia and State Law

Islamic Judicial Review in Practice (2): Strategic Islamization of Laws

By Zubair Abbasi The most significant impact of Islamic judicial review is the incorporation of qiṣāṣ and dīyah in the legal system of Pakistan. During the colonial period, the British replaced Islamic criminal law with the Indian Penal Code 1860. There are two important components of Islamic criminal law: ḥudūd and qiṣāṣ. Ḥudūd are fixed … Continue reading Islamic Judicial Review in Practice (2): Strategic Islamization of Laws

Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws

By Zubair Abbasi In my previous blog posts, I identified Islamic judicial review as the distinctive feature of Pakistan’s legal system. In my next three posts, I shall scrutinize how Islamic judicial review works in practice through the analysis of a few important judgments related to criminal law and family law. In this first post, … Continue reading Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws

The Impact of Islamic Judicial Review in Pakistan  

By Zubair Abbasi Since its beginning in 1979, Islamic judicial review was unlikely to cause major constitutional and legal changes because of its inherent design to maintain the status quo. This can be explained by a number of factors. Firstly, the Federal Shariat Court (FSC) did not have jurisdiction over the provisions of the Constitution. … Continue reading The Impact of Islamic Judicial Review in Pakistan