The Birth of Anglo-Muhammadan Law in India

By Sohaira Siddiqui For this month’s series, I will examine the rise and implementation of Anglo-Muhammadan law in British India. These posts stem from my current book project which seeks to move beyond the dichotomy of continuity and rupture as it applies to Islamic law in the colonial period.  In the book I trace the … Continue reading The Birth of Anglo-Muhammadan Law in India

Weekend Scholarship Roundup

Nurfadzilah Yahaya, SHARIAsource editor and scholar of Islamic legal history, discusses the history of Malay people in this podcast episode titled "Learning Malay History" (The More Better Podcast (2020)). In “Human Rights and Cultural Diversity: the Iranian Discourse” (Iranian Review for UN Studies 2, no.1 (2019)), Pouria Askary and Amirsaed Vakil explore the ways Iran … Continue reading Weekend Scholarship Roundup

Islamic Law and COVID-19 Roundup

Saudi Arabia's Ministry of Hajj and Umrah declares that the country will imposes strict limits on this year’s hajj, only allowing Saudi pilgrims and those from other countries already inside the kingdom. The Chief Imam of Lagos, Nigeria,Sheikh Sulaimon Oluwatoyin Abou-Nolla, urged mosques in the state to remain closed, noting that safety of lives is paramount in Islam. … Continue reading Islamic Law and COVID-19 Roundup

Weekend Scholarship Roundup

In "Polymorphous Discrimination: Rohingya Women in the Goggles of Intersectionality," Islamic Law and the Muslim World eJournal, Shadrack Bentil and Edmund Poku Adu analyze the plight of Rohingya women in the Rakhine State in Myanmar using intersectionality theory, in order to identify the grounds on which Rohingya women are methodically discriminated. The paper reveals multi-faceted structural discrimination … Continue reading Weekend Scholarship Roundup

COVID-19 and Islamic Law Roundup

Image representing a virus Image credit: Wikimedia Commons

Indian government charges Tableeghi Jamaat leader with culpable homicide for surge in coronavirus cases. Saudi Arabia considers cancelling Hajj pilgrimage, for the first time since it became a nation, as precautionary measure against the spread of COVID-19. Saudi Arabia's Council of Supreme scholars calls upon practicing Muslims to pray at home during Ramadan. United Kingdom … Continue reading COVID-19 and Islamic Law Roundup

Weekend Scholarship Roundup

In "A Secular Need: Islamic Law and State Governance in Contemporary India," The University of Washington Press, Jeffrey A. Redding explores India’s non-state system of Muslim dispute resolution—known as the dar-ul-qaza system and commonly referred to as “Muslim courts” or “sharīʿa courts”—challenges conventional narratives about the inevitable opposition between Islamic law and secular forms of governance, … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

Ana Echevarría captures changes in the field around local understandings of Mudejar as a specific Iberian category to a more comprehensive approach as one of many Muslim minorities in the Middle Ages in "Muslim minorities versus Mudejars: From the margins to the central stage of Iberian history," History Compass. In "Negotiating Mughal Law: A Family … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

Shamshad Pasarlay discusses the Afghan Shīʿī communities’ position on the idea of constitutionalism and their vision for a modern constitutional state in "Shīʿī Constitutionalism in Afghanistan: A Tale of Two Draft Constitutions", Islamic Law & Law of the Muslim World (originally published in the Australian Journal of Asian Law). Drawing on two draft constitutions that … Continue reading Weekend Scholarship Roundup

Shamim Ara and the “Judicialization” of Divorce

Case Summary Shamim Ara v. State of U.P. & Anr. is a family law case decided by the Supreme Court of India in 2002. In 1979, petitioner Shamim Ara filed suit against her husband, Abrar Ahmad, alleging that he deserted and failed to support her. Ahmad responded, in 1990, that he was under no obligation … Continue reading Shamim Ara and the “Judicialization” of Divorce

Weekend Scholarship Roundup

Maryam Saeed discusses the constraints in Islamic insurance (takāful) and its impact on the performance of takāful operators in "Challenges of Islamic Insurance (Takaful) Globally," COMSATS Journal of Islamic Finance, 2019. (This article was also featured in this week's issue of SSRN’s Islamic Law & Law of the Muslim World eJournal). In "Islamic Financial Intermediation of Indonesian Economic … Continue reading Weekend Scholarship Roundup