Is Independent Legal Reasoning Incompatible with Following Earlier Jurists? Rethinking the Claim of Jurists’ Disloyalty to Taqlīd

By Muhammad al-Marakeby This essay aims to explore the concepts of taqlīd (following the legal opinions of earlier jurists) and ijtihād (independent legal reasoning) during the Ottoman period. Although numerous … Continue reading Is Independent Legal Reasoning Incompatible with Following Earlier Jurists? Rethinking the Claim of Jurists’ Disloyalty to Taqlīd

Men Can Be Excluded, Women Cannot: Family Endowments and the Preferential Treatment of Women in Khalīl’s Mukhtaṣar

By Muhammad al-Marakeby The use and validity of family endowments (waqf ahlī) have been a contentious issue since the nineteenth century. Many argue that family endowment was often used as … Continue reading Men Can Be Excluded, Women Cannot: Family Endowments and the Preferential Treatment of Women in Khalīl’s Mukhtaṣar

“Egypt is Empty of Rulers”: The Development of Jamāʿat al-Muslimīn Theory Among Later Mālikīs

By Muhammad al-Marakeby The literature on the history of Islamic political theory generally supports a narrative of submission and allegiance to rulers, even if they have seized power by force. … Continue reading “Egypt is Empty of Rulers”: The Development of Jamāʿat al-Muslimīn Theory Among Later Mālikīs

Law and Literature and the Novel

By Camilo Gómez-Rivas This is the second in a two-part series on teaching law and literature. The first focused on the classical traditions of law and literature. The relationship between … Continue reading Law and Literature and the Novel

Why I Love Teaching Islamic Law and Literature

By Camilo Gómez-Rivas This is the first of a two-part series on teaching Islamic law and literature. The second part discusses the modern period through a discussion of the novel. … Continue reading Why I Love Teaching Islamic Law and Literature

International Law under the Almoravids

By Camilo Gómez-Rivas This is the second in a two-part series on Law under the Almoravids. The first was a reflection on legal texts as sources for writing social and … Continue reading International Law under the Almoravids

Law under the Almoravids and What Questions You Can Ask Legal Texts

By Camilo Gómez-Rivas This is the first in a two-part series on Law under the Almoravids. The second essay takes up the development of diplomacy and international negotiation. I came … Continue reading Law under the Almoravids and What Questions You Can Ask Legal Texts

Learning from the document: Part 2

By Zahir Bhalloo* In this third and final essay, I provide a commentary on one of the Persian fatwā papers from the NLI Afghan Genizah collection (for the text, translation … Continue reading Learning from the document: Part 2