Family Law as Colonial Specter of Shelter

By Nurfadzilah Yahaya My book  Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) traces changing notions of family and clan across legal cultures in the realm of family law. Supposedly, Islamic law does not enter the secular sphere of politics during the colonial period. Yet, although dissipation of political power … Continue reading Family Law as Colonial Specter of Shelter

What does Equality Mean in the Colonies?

By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?

Ṭalāq in the Colonies – Constraints on Colonial Judiciary

By Nurfadzilah Yahaya In my book, Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020), I demonstrate how colonialism embodies a contradiction; in a sense, colonial authorities limited and restricted subjects’ lives, but their authority gave rise to a sense of possibility for some colonial subjects perceived to be elite.[1] The largest … Continue reading Ṭalāq in the Colonies – Constraints on Colonial Judiciary

Weekend Scholarship Roundup

In "From conquest to co-existence: Burhān al-Dīn al-Marghīnānī's (d. 593/1197) re-interpretation of jihād" (Journal of Islamic Studies, vol. 32 no. 2), Youcef L. Soufi (University of Toronto) takes issue with the mainstream view in scholarship that second/eight century Muslim jurists' conception of jihād was uniformly in support of continuous imperial conquest. In "Islam from the … Continue reading Weekend Scholarship 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

Weekend Scholarship Roundup

In "Peace to those of Faith: Political Affiliation and Belonging in Classical Islamic Thought" (Routledge Handbook of Citizenship in the Middle East and North Africa 2021), Omar Farahat (McGill University Faculty of Law) discusses the concept of belonging in classical Islamic thought, focusing on multilayered descriptions of tribal identity. In "Eradicating Gender-Based Violence against Female-Intimate … Continue reading Weekend Scholarship Roundup

A Code

By Mahmood Kooria The Minhāj al-ṭālibīn of Yaḥyā al-Nawawī (1233-1277) is the text that codified Shāfiʿī school of Islamic law. No other text has attracted as many commentators from within the school in such a wide range of ages and places. Nawawī’s Minhāj is an abridgement of the Muḥarrar by the Persian jurist ʿAbd al-Karīm … Continue reading A Code

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

Weekend Scholarship Roundup

In "Pirates and Pilgrims: The Plunder of the Ganj-i Sawai, the Hajj, and a Mughal Captain’s Perspective" (Journal of the Economic and Social History of the Orient 64, no. 1-2 (2021)), Tyler Joseph Kynn (University of Memphis), using literature on "[t]he pirate attack by Henry Every in 1695 on a Mughal ship" carrying travelers from … Continue reading Weekend Scholarship Roundup

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