Countries and communities around the world are working to contain COVID-19 and mitigate its effects. The following digest represents a variety of sources in which law, particularly Islamic law, was invoked in the decision making process. All roundups can be found at this link. Brooklyn mosques close indefinitely as number of positive COVID-19 cases rise. Egypt … Continue reading COVID-19 and Islamic Law Roundup (3/3)
Countries and communities around the world are working to contain COVID-19 and mitigate its effects. The following digest represents a variety of sources in which law, particularly Islamic law, was invoked in the decision making process. All roundups can be found at this link. Kuwait amends the adhan to urge prayer at home amidst mosque closures. … Continue reading COVID-19 and Islamic Law Roundup (2/3)
Daniel Peterson discusses a 2013 decision of Indonesia’s Constitutional Court (Mahkamah Konstitusi) and a series of lower court judgments issued following that decision in "Case Note: Constitutional Court Decision No 93/PUU-X/2012 on Shari’a Banking Dispute Resolution," Islamic Law & Law of the Muslim World eJournal (originally published in Australian Journal of Asian Law).
One of the most vexing problems that modern high courts face when interpreting and applying Islamic law concerns the taking of money interest. The framework of the basic problem tends to be the same, whether the state is Egypt, Iraq, or Pakistan. Libya’s most recent foray into this field deserves some attention, however, because it … Continue reading The Libyan Supreme Court and the Meaning of Ribā: A New Approach?
Testimonies from Muslim students studying in the United Kingdom note the challenge of navigating sharīʿa financing with banks that are not sharīʿa-compliant. Metro UK reporter Faima Bakar writes, “the limitations put on borrowing can stop students from pursuing university altogether. Those who still choose to study via halal means, such as borrowing money from their … Continue reading In the News: The Challenge of Navigating Sharīʿa Financing for Education
Last month, Amanie Advisors, a sharīʿa advisory firm specializing in Islamic finance, published a white paper discussing the permissibility of Ethereum according to Islamic Law. Ethereum, an open source, public, blockchain-based distributed computing platform, is powered by the currency Ether (ETH), a “utility token.” The Muslim scholars and financial advisors who collaborated on the white … Continue reading In the News: Ethereum Deemed Sharīʿa-Compliant
This month, the UAE’s largest fuel and convenience retailer, Adnoc Distribution, was granted sharīʿa-compliance certification for its shares. As a result, brokerage units of Islamic banks will now be able to trade the company's stocks. As further elaborated in a SHARIAsource expert analysis authored by Paul Lee, there are three models of sharīʿa compliance: (1) the … Continue reading In the News: Adnoc Distribution Granted Sharīʿa-Compliance Certification
Law and the Islamization of Morocco under the Almoravids: The Fatwās of Ibn Rushd al-Jadd by Camilo Gómez-Rivas. From the publisher: "Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the … Continue reading Recent Scholarship: Gómez-Rivas on the Development of Legal Institutions in the Far Maghrib
By Katarzyna Sidło Gharar is arguably one of the least understood concepts in Islamic finance. In linguistic terms, it means jeopardy, risk, danger, or hazard, and is a verbal noun (maṣdar) from the word taghr, which in turn means exposing oneself or one’s property to danger. It may refer to ignorance, injustice, or deceit. As … Continue reading Commentary :: Gharar: The Origins of the Prohibition
This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes an article by Timur Kuran, Professor of Economics, Political Science, and Islamic Studies at Duke University, on the failure of early Islamic governments to use zakāt to advance personal liberties: "Zakat: Islam’s Missed Opportunity to Limit Predatory Taxation" Abstract One … Continue reading Recent Scholarship: Kuran on Zakāt