Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS In response to the Supreme Court's overruling of Roe v. Wade, some Muslim American lawyers have argued that restrictive abortion laws infringe on Muslims' religious liberty, as many of the restrictive abortion laws in several states contravene Islam's understanding of abortion and its permissibility in certain contexts.  Relatedly, some Muslims … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In Divine Covenant: Science and Concepts of Natural Law in the Qur’an and Islamic Disciplines (Equinox Publishing, 2022), Ulrika Mårtensson (The Norwegian University of Science and Technology) "explores the Qurʾānic concept of divine knowledge through scientific, theoretical paradigms – in particular natural law theory – and their relationship with seven … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Judicial Crisis in Damascus on the Eve of Baybars’s Reform: The Case of the Minor Orphan Girl (651–55/1253–57)" (Islamic Law and Society (March 23, 2022)), Mariam Sheibani (The University of Toronto Scarborough) "reconstructs a late-Ayyubid court case in Damascus that was litigated repeatedly between 651/1253 and 655/1257, five years … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "‘The Best Interests of the Child’ Under Islamic Law" (in Child Rights to Guardianship, Springer: 2022), Ali Omar Ali Mesrati (University of Bahrain) explores the best interest of the child principle in Islamic law, with references to international law and Libyan law. R Charles Weller (Washington State University) reviews … Continue reading Weekend Scholarship Roundup

Criminal Law (Amendment): Offences in the Name or Pretext of Honor Act, 2016 Passed by Majlis-e-Shoora (Parliament) of Pakistan

By Zainab Hashmi 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. In October 2016, the Majlis-e-Shoora (Parliament) passed legislation amending the Pakistan Penal Code, 1860 (Act XLV of 1860) and the Code of Criminal Procedure, … Continue reading Criminal Law (Amendment): Offences in the Name or Pretext of Honor Act, 2016 Passed by Majlis-e-Shoora (Parliament) of Pakistan

The “unpardonable” sin of honor killing: A Fatwā

By Zainab Hashmi 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 Fatwā issued by Sunnī Ittehad Council of Pakistan on June 11, 2016.[1] This post comments on an official religious pronouncement (fatwā) issued … Continue reading The “unpardonable” sin of honor killing: A Fatwā

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

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