Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Procedure of Criminal Appeal in the Light of Judicial Precedents" (Bahria University Journal of Humanities and Social Sciences 4, no. 2 (2021)), Umar Farooq Tipu and Sajida Faraz (University of Swabi) discuss the Criminal Procedure Code (CrPC) of 1898 of Pakistan, with references to case law. In "Personal Laws … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: Taliban: The Power of Militant Islam in Afghanistan and Beyond (Bloomsbury Publishing, 2022) by Ahmed Rashid investigates the origins and development of the Taliban movement in Afghanistan. For more content and context on the recent developments in Afghanistan, consult our Editor-in-Chief, Professor Intisar Rabb's "Resource Roundup: Afghanistan, the Taliban, and … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Turkish President Recep Tayyip Erdogan vowed to cut interest rates, arguing that the cut is also in line with Islamic law. In a recent interview, one of the few female judges in Palestine, Kholoud al-Faqeeh, commenting on religious courts and women, stated: "A woman’s whole life cycle is before these … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The East Java branch of Indonesia's largest Islamic organizations, Nahdlatul Ulama, recently announced its fatwā that forbid the use of cryptocurrency as ḥarām under Islamic law. A wedding in Afghanistan's Nangarhar province turned deadly as the Taliban reportedly shot three attendees over an argument on whether playing music was forbidden … 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

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

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)

The Asia Bibi Blasphemy Law Case in Pakistan: Winning the Battle, Losing the War

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Editor Rachel Mazzarella comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about evidence, judicial independence, procedure, and the state's authority in matters of law and religion. On October 8, 2018, the Supreme Court of Pakistan vacated … Continue reading The Asia Bibi Blasphemy Law Case in Pakistan: Winning the Battle, Losing the War