Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

"Property and Its Rule (in Late Indo-Islamicate and Early Colonial) South Asia: What’s in a Name?" by Faisal Chaudhry, University of Dayton - School of Law; University of Dayton, published in the Journal of the Economic and Social History of the Orient. This article sets out a framework for understanding two key issues in the history of … Continue reading Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

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India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Islamic Law & Law of the Muslim World eJournal: July 3rd

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: “Muslim Nationality in Late Colonial India: From Law to Sacrifice” by Adeel Hussain By way of retracing the 1935 Shahidganj mosque dispute, this paper explores how Indian Muslims transformed their vision of community from one seeking moral legitimacy within colonial … Continue reading Islamic Law & Law of the Muslim World eJournal: July 3rd

Recent Scholarship: Islamic Political Leadership

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  The latest issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: “Who or What Is the Wali al-Amr: The Unposed Question” by Nathan J. Brown This article explores how, in Islamic political writings, the concept of the wali al-amr (head of the community) has been transformed from an individual ruler … Continue reading Recent Scholarship: Islamic Political Leadership

Islamic Law & Law of the Muslim World eJournal: Jan 11th

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This week’s issue of the Islamic Law & Law of the Muslim World eJournal includes: "Is Islam Incompatible with European Identity?" by Wojciech Brzozowski This article examines "whether following the rules of Islam in everyday life (e.g. wearing of religious clothing and symbols, respecting gender equality, exercising parental rights) can be reconciled with the Western … Continue reading Islamic Law & Law of the Muslim World eJournal: Jan 11th

In the News: Triple Ṭalāq Criminalized in India

About three months ago, the Indian government formally criminalized “triple ṭalāq” divorce—an instant and irrevocable divorce under some versions of Islamic law where a husband can unilaterally divorce his wife by saying the word ṭalāq (divorce) three times. The Supreme Court of India had ruled last August that the practice of “triple ṭalāq” was unconstitutional. … Continue reading In the News: Triple Ṭalāq Criminalized in India

SHARIAsource Editors and Senior Scholars’ Round Up: Aug 20th

SHARIAsource Early Abbasid Iraq and Iran Editor Nahed Samour moderated a discussion at the Jewish Museum in Berlin on tolerance of criticism in Judaism and Islam. Meanwhile, an op-ed in The Indian Express on the public debate in India over whether sharīʿa councils should be banned referenced SHARIAsource Southeast Asia and Pakistan Editor Jeff Redding’s … Continue reading SHARIAsource Editors and Senior Scholars’ Round Up: Aug 20th

Recent Scholarship: Chaudhry on Islamic Legal History

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Prof. Faisal Chaudhry recently wrote an article in Law and History Review discussing legal modernization in nineteenth-century India: “Rethinking the Nineteenth-Century Domestication of the Sharīʿa: Marriage and Family in the Imaginary of Classical Legal Thought and the Genealogy of (Muslim) Personal Law in Late Colonial India” This article reevaluates a common view about legal modernization … Continue reading Recent Scholarship: Chaudhry on Islamic Legal History

Country Profile: India

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of India (Republic of India/Bharatiya Ganarajya), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under India's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. Country Background India is located in South Asia, bordering the Bay of Bengal … Continue reading Country Profile: India

Islamic Law in U.S. Courts: Tarikonda v. Pinjari (Mich. Ct. App. 2009): Michigan Law Defeats Extralegal Divorce Attempt

In divorce proceedings, a wife appealed the decision of the Oakland Circuit Court Family Division, granting her husband’s motion to dismiss her claims and recognize their previous divorce, which occurred when the couple was in India. Specifically, she contested the validity of the “triple ṭalāq” divorce (a version of final, irrevocable divorce under Indian and … Continue reading Islamic Law in U.S. Courts: Tarikonda v. Pinjari (Mich. Ct. App. 2009): Michigan Law Defeats Extralegal Divorce Attempt