Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The East Java branch of Indonesia's largest Islamic organizations, Nahdlatul Ulama, recently announced its fatwā that forbid the use of cryptocurrency as ḥarām under Islamic law. A wedding in Afghanistan's Nangarhar province turned deadly as the Taliban reportedly shot three attendees over an argument on whether playing music was forbidden … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS After retiring from the NBA, Hakeem Olajuwon launched a successful career in real estate, all the while avoiding borrowing money for his acquisitions that would result in paying or charging interest, which contradicts his faith. Al Barakeh Wheat - a project founded by two Jordanians - teaches people how to … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

In "Abortion and Rape Laws in Pakistan: A Sharī‘ah Based Analysis" (SSRN, September 17, 2021), Qurratul Minhas (International Islamic University, Islamabad) and Samia Maqbool Niazi (International Islamic University, Islamabad) discuss rulings on rape and abortion in classical Islamic law to point to what they consider to be gaps in current Pakistani laws dealing with the … Continue reading Weekend Scholarship Roundup

Studying a Lived Law: An Interview with Yossef Rapoport

This interview was conducted by Omar Abdel-Ghaffar (Harvard University, PhD student). This interview is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar Rabb: “Methods and … Continue reading Studying a Lived Law: An Interview with Yossef Rapoport

Weekend Scholarship Roundup

In "Islamic Criminal Jurisprudence on the Offence of Trafficking in Persons: An Interpretation of Fasad fil Arz and Hadd Offence," Islamic Law & Law of the Muslim World eJournal, Muhammad Sohail and Ataullah Khan Mahmood address the topic of Hudood offences and their relationship to Islamic criminal jurisprudence. Raad Mozib Lalon reveals the economic effects … Continue reading Weekend Scholarship Roundup

Recent Scholarship: Kuran on Zakāt

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

Sharīʿa Implementation in Northern Nigeria :: Zakāt and Endowments

These materials document, state by state, what each of the sharīʿa states is doing in respect of the collection and distribution of zakāt and the management of pious endowments (waqf, pl awqāf). The materials include early proposals by Sharia Implementation Committees or Councils of Ulama for official zakāt organizations, including the doctrinal background; all statutory materials … Continue reading Sharīʿa Implementation in Northern Nigeria :: Zakāt and Endowments

Debt and Bankruptcy in Classical Islamic Law

Student editor Esther Agbaje (Harvard Law School) explores classical Islamic law's basic conceptions of debt and bankruptcy. While the main Islamic texts, the Qur’ān and Sunna (records of the Prophet Muhammad's teachings), provide principles for fiscal  matters, these principles are not enough to establish systems as complex as those in modern finance with a guarantee of soundness in … Continue reading Debt and Bankruptcy in Classical Islamic Law

Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums

By Mohammad Sagha The issue this paper seeks to address is how Ayatollāh Sayyīd Rūhullāh Khumaynī (d. 1386 sh./1989) conceptualized the collection of khums under the theory of the “Guardianship of the Jurisprudent” (wilāyat al-faqīh). The theory asserts the spiritual and practical authority of the Shīʿī jurist to govern in the absence of the twelfth … Continue reading Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums

Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists

By Mohammad Sagha This post examines how two Ṣafavid-era jurists, Ḥussayn b. ʽAbd al-Ṣamad al-ʽĀmilī (d. 985/1577-8),[1] and Muḥammad Bāqir Majlisī (d. 1111/1698) conceptualized the authority to collect and spend the portion of khums[2]allocated for the Imām’s discretion (sahm al-Imām)[3] during the period of occultation.[4] Shīʽī legal reasoning regarding the allocation of khums is important … Continue reading Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists