Islamic Law in the News Roundup

Islamic Law in the News: Nailah Dean, writer and activist, has introduced her "ISMS Project," comprising a series of images to demonstrate what she terms the "Muslim Marriage Crisis" in an age of "digital, hyper-visual time" that represent sexism, ageism, racism, and colorism. The project represents, in addition to these four "-isms," the Muslim woman's … Continue reading Islamic Law in the News Roundup

Sharīʿa, Custom, and Modern Legal Reform

By Ayman Shabana In the Islamic juristic tradition, the relationship between sharīʿa and custom raised important methodological questions, ranging from: the nature and number of sources, formulation of rulings, guidelines for the understanding and interpretation of the scriptural texts, and implementation and application of legal rules particularly in novel cases requiring independent reasoning. In general, … Continue reading Sharīʿa, Custom, and Modern Legal Reform

Waqfs as Moral Persons and Other Stories of Waqf Today

By Nada Moumtaz A few weeks ago, I was at a conference about Muslim philanthropy in Canada, which, gathered academics with practitioners working in the nonprofit/charitable sector, along with some who play both roles together. In a panel on waqf in Canada, the leader of a prominent organization lamented that their attempt to revive the … Continue reading Waqfs as Moral Persons and Other Stories of Waqf Today

Waqf and the Modern State, Capitalism, and the Private Property Regime

By Nada Moumtaz In the numerous small foundations that form the bulk of waqfs in Beirut in the nineteenth century, waqf, I suggested in my previous post, was the material foundation and an important means to live as a good Muslim — to get close to God, to care for one’s family as charity. Besides … Continue reading Waqf and the Modern State, Capitalism, and the Private Property Regime

Late Ottoman Beiruti Waqfs: Closeness to God (Qurba) and Charity for the Family

By Nada Moumtaz In my book, God’s Property: Islam, Charity, and the Modern State, I seek to explain the contours of the contemporary waqf revival in Beirut against a longue durée of waqf reform since the mid-nineteenth century, starting with the Ottoman foundation of a Waqf Ministry in 1826 through French Mandatory (1920-1943) and postcolonial … Continue reading Late Ottoman Beiruti Waqfs: Closeness to God (Qurba) and Charity for the Family

Calling All Waqf Haters

By Nada Moumtaz Waqf (Islamic endowment), and its study, cannot leave a scholar of Islam unmoved, it would seem. For those not working on waqf, its complex legal technicalities instigate dread and “boredom of the heart.” Its accounting documents and the economic history they tell evoke the dryness of “counting beans,” as a colleague once … Continue reading Calling All Waqf Haters

Weekend Scholarship Roundup

D. Fairchild Ruggles’ Tree of Pearls The Extraordinary Architectural Patronage of the 13th-Century Egyptian Slave-Queen Shajar al-Durr (Oxford: Oxford University Press, 2020) provides insight into the remarkable life of Shajar al-Durr, an enslaved child who went on to become the Sultan of Egypt in the 13th century. This biography places the rise and fall of the … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

This Thursday, the European Court of Human Rights (ECHR) unanimously held that Greece owed a Greek woman by the name of Molla Sali 51,000 euros ($57,000) in damages plus expenses “for siding with her late husband’s two sisters and for applying ‘Sharia law to a section of its citizens against their wishes.’” This judgment follows a 2018 decision by the same court in Molla … Continue reading Islamic Law in the News Roundup

Recent Scholarship: Fadel on Islamic Self-Government

SHARIAsource Senior Scholar Mohammad Fadel has written an article in the most recent issue of the Journal of Islamic Ethics (available open-access here), discussing how states can incorporate sharīʿa into their legislative systems in a way consistent with our modern-day ideals of democracy and peace: “Political Legitimacy, Democracy and Islamic Law: The Place of Self‐Government … Continue reading Recent Scholarship: Fadel on Islamic Self-Government

FEATURE :: Roundtable on Pakistan’s Landmark Blasphemy Case: Asia Bibi v. The State (2018)

Three scholars of Islamic constitutionalism and law consider the Pakistan Supreme Court's recent decision on Asia Bibi v. The State, the blasphemy case that has drawn widespread international attention since 2010. Last month the Pakistan Supreme Court acquitted Asia Bibi of blasphemy charges, bringing Asia Bibi v. The State to a judicial conclusion. Asia Bibi's … Continue reading FEATURE :: Roundtable on Pakistan’s Landmark Blasphemy Case: Asia Bibi v. The State (2018)