The Forms of Commentaries

By Felicitas Opwis As my previous posts illustrated, commentaries take different forms in length and scope. The commentator selects which topics and points found in the underlying matn he wants to elaborate, explain, and dispute. There is no linear or chronological development of constant growth and enlargement, but a seemingly random variation in breadth and … Continue reading The Forms of Commentaries

The Commentary as Platform for Debate, Change, and Authority Construction

By Felicitas Opwis As presented in the previous post, the discursive tradition of commentaries involves extensive intertextuality. This intertextuality is not only a dialogue between matn and sharḥ, but a discourse that engages previous commentaries on the same matn as well as the Shāfiʿī school’s intellectual output more generally. Sometimes, the arguments and positions referenced … Continue reading The Commentary as Platform for Debate, Change, and Authority Construction

The Content of Commentaries

By Felicitas Opwis In the previous post I mentioned the vibrant commentary tradition on Abū Shujāʿ’s compendium of Shāfiʿī law, which indicates that Muslim scholars deemed it necessary to comment on the past, making it relevant to their present and incorporating whatever changes have occurred or were deemed desirable. It also allows us to gain … Continue reading The Content of Commentaries

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Translating Islamic sources" (Great Kashmir, August 31, 2022), Furqan Majeed (Central University of Kashmir) explores the various translation movements of the Qur’ān in the European vernaculars. In "The Independent Thinking Of Imam Warith Deen Muhammad" (Eurasia Review, August 31, 2022), Jihad Saafir and Mustapha Kulungu explore the legacy and … Continue reading Weekend Scholarship Roundup

The Discursive Tradition of Commentaries (shurūḥ) – Lessons from Matn Abī Shujāʿ

By Felicitas Opwis The study of commentaries (shurūḥ) and glosses (ḥawāshī) has rightly received attention and appreciation in recent years. The scholarship of Asad, El Shamsy, Saleh, Wisnovsky as well as El-Rouayheb, Bauer, and Messick[1] are correcting the previously invoked image of intellectual stagnation and decline of the so-called post-classical period as advocated most forcefully … Continue reading The Discursive Tradition of Commentaries (shurūḥ) – Lessons from Matn Abī Shujāʿ

Uncommon Common Sense: What We May Never Know About Mutʿa Marriage

By Rami Koujah This post is part of a series of posts on the latest publication in our Harvard Series in Islamic Law, Hossein Modarressi’s Text and Interpretation: Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law. This series of posts take a deeper dive into the book, which examines the main characteristics of the … Continue reading Uncommon Common Sense: What We May Never Know About Mutʿa Marriage

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: Nobuaki Kondo’s studies on Islamic law in Qajar Iran has been published in Persian. In "The Immorality of Incarceration" (Journal of Islamic Law 3 no. 1 (2022)), Adnan Zulfiqar (Rutgers Law School) "shows how perspectives from the Global South, in this case Islamic law, might inform new approaches to abolition … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Scholars of Islamic law have continued to debate the question of whether the use of cryptocurrencies is permissible under Islamic law.  For more content and context on Islamic debates over the permissibility of using cryptocurrencies, consult the contributions by our Research Editor Raha Rafii here and here. Some Muslim rights … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Paying Moms to Breastfeed in Medieval Europe" (JSTOR Daily, June 6, 2022), Livia Gershon writes that "medieval Islamic law viewed nursing and raising young children as a job for which a divorced or separated woman should be paid a salary." In "Islamic Finance" (Lexology, June 16, 2022), Munib Hussain … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS In reportedly the first case in which a New Zealand court was asked to consider Islamic law, a Wellington court ordered "the payment of a dower set out in a marriage contract solemnized under sharia law in the UAE." A Muslim slaughterhouse in D.C., which started its operations after delays … Continue reading Islamic Law in the News Roundup