Hum Do Hamare Do* and Sharī’a in India

By Nikhil Goyal This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. * A common Hindi slogan indicating the desirability of a married couple limiting their progeny to two. Source Summary In Javed & Ors. v. … Continue reading Hum Do Hamare Do* and Sharī’a in India

The Danial Latifi Case: Shah Bano Redux

By Nikhil Goyal This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Source Summary In Danial Latifi & Anr v. Union of India, the Supreme Court of India (the “Court”) considers whether the Muslim Women Protection … Continue reading The Danial Latifi Case: Shah Bano Redux

Islamic Law in the News Roundup

Sudan’s bishops celebrated Sudanese Prime Minister Abdalla Hamdok’s declaration officially forbidding the state from establishing a religion, which had been Islam prior to the declaration. While some Muslims in Malaysia called for making it mandatory for women to wear the ḥijāb (or the tudung, as it is called in Malaysia), Maryam Lee, a prominent human … Continue reading Islamic Law in the News Roundup

The Supreme Court of India Weighs in on Muslim Personal Law

By Nathalie Gunasekera  This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Abstract: Khursheed Ahmad Khan v. State of U.P. is a recent Indian Supreme Court case. Khursheed Ahmad Khan (appellant), a Muslim civil servant, married … Continue reading The Supreme Court of India Weighs in on Muslim Personal Law

Shifting Religious Landscapes: From Istanbul to Ayodhya

By Abtsam Saleh This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. On 9 November 2019, the Supreme Court of India declared the final judgement in the case regarding disputed land in the Ayodhya region in … Continue reading Shifting Religious Landscapes: From Istanbul to Ayodhya

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

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

Round-up on Triple Ṭalāq

SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India)  In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim … Continue reading Round-up on Triple Ṭalāq