By Zubair Abbasi The most significant impact of Islamic judicial review is the incorporation of qiṣāṣ and dīyah in the legal system of Pakistan. During the colonial period, the British replaced Islamic criminal law with the Indian Penal Code 1860. There are two important components of Islamic criminal law: ḥudūd and qiṣāṣ. Ḥudūd are fixed … Continue reading Islamic Judicial Review in Practice (2): Strategic Islamization of Laws
By Zubair Abbasi In my previous blog posts, I identified Islamic judicial review as the distinctive feature of Pakistan’s legal system. In my next three posts, I shall scrutinize how Islamic judicial review works in practice through the analysis of a few important judgments related to criminal law and family law. In this first post, … Continue reading Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws
By Zubair Abbasi Since its beginning in 1979, Islamic judicial review was unlikely to cause major constitutional and legal changes because of its inherent design to maintain the status quo. This can be explained by a number of factors. Firstly, the Federal Shariat Court (FSC) did not have jurisdiction over the provisions of the Constitution. … Continue reading The Impact of Islamic Judicial Review in Pakistan
By Zubair Abbasi Despite assigning a significant role to Islam, the Pakistani constitutional model does not propose a theocratic order. Rather, the theocratic tendencies resulting from the substantial role of Islam in the legal system are checked by a curious synthesis of Islamic constitutionalism and liberal constitutionalism. Instead of assigning the interpretative authority of Islamic … Continue reading Islamic Constitutionalism in Pakistan: Is it Theocratic?
Pakistan came into being through a constitutionally governed election when Muslims in British India voted for an independent state that comprised the Muslim-majority parts of India. It had two wings: East Pakistan (currently Bangladesh) and West Pakistan, geographically separated by more than a thousand kilometers. Since Islam was the only common link between the two … Continue reading Islamic Constitutionalism in Pakistan: Does it Matter?
On Apr 16, Marzieh Tofighi Darian gave a talk on "Judicial Review in Iran: Whose Guardian: Constitution or Sharia?" in which she examined the role of Iran's Guardian Council in evaluating claims of sharīʿa compatibility and constitutional violations. She detailed the Guardian Council’s place in Iran’s constitutional design and the controversies that arise with Parliament … Continue reading Lunch Talk: Judicial Review in Iran
Nadia Marzouki is the author of Islam: An American Religion, published in 2013. She was an Andrew Carnegie Centennial Fellow at the Harvard Kennedy School’s Ash Center and a research fellow at HKS’s Belfer Center’s Middle East Initiative in 2017. She is currently a tenured research fellow (Chargée de Recherche) at the CNRS (Centre National de … Continue reading Interview :: The Social-Legal Implications of Islamic Law with Nadia Marzouki, Author of Islam: An American Religion
This forthcoming article by SHARIAsource Senior Scholar Mohammad Fadel is due to be published in an upcoming special issue of the International Journal of Constitutional Law. It describes how the development of laws in Egypt through a “deliberative political process” has been negatively impacted by the country’s top court: “The Sounds of Silence: The Supreme … Continue reading Recent Scholarship: Fadel and Johnson on Constitutionalism
Pakistan editor Zubair Abbasi examines the legality of surrogacy under Islamic law. In Farooq Siddiqui v Mst. Farzana Naheed, decided on 16 February 2017, the Federal Shariat Court (FSC) determined the legality of surrogacy under Islamic law. In this case note, Abbasi analyzes the judgment of the FSC on surrogacy. Based on this analysis, he argues that this judgment signifies a historical … Continue reading Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation
Nathan Brown, Professor of Political Science and International Affairs at the Elliot School of International Affairs at George Washington University, asserts that "Arab constitutions are not abnormally religious," even though they legally integrate religion in different ways. "Religion appears in the constitutions of the Arab world, almost all with Muslim majorities, in a variety of … Continue reading Comparing the Religion-State Divide in the Arab World: Constitutions