Islamic Law & Law of the Muslim World eJournal: August 16

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Sharīʿa Supervisory Boards, Governance Structures and Operational Risk Disclosures: Evidence from Islamic Banks in MENA Countries" by Ahmed Elamer, Collins Ntim, Hussein Abdou, and Chris Pyke This paper examines the impact of Sharīʿa supervisory board (SSB) and governance structures on the extent of operational risk disclosures (ORDs), … Continue reading Islamic Law & Law of the Muslim World eJournal: August 16

Interview :: The Social-Legal Implications of Islamic Law with Nadia Marzouki, Author of Islam: An American Religion

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

CASE: Farooq Siddiqui v. Mst. Farzana Naheed (Federal Shariat Court, Pakistan): Judgment on Surrogacy

A baby produced through medical intervention by the sperm and egg of duly wedded couples (without involving a third party) is permissible under Islamic law. However, surrogacy is not allowed because marriage is the only means through which children should be produced under Islamic law. Surrogacy is likely to give rise to innumerable legal problems regarding … Continue reading CASE: Farooq Siddiqui v. Mst. Farzana Naheed (Federal Shariat Court, Pakistan): Judgment on Surrogacy

Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation

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

NYT Excerpt: Ruud Peters in “Indonesians Seek to Export a Modernized Vision of Islam”

From The New York Times, May 1st, 2017 "...The 2006 painting has become the symbol of a global initiative by the Indonesian youth wing of Nahdlatul Ulama, the largest mass Islamic organization in the world, that seeks to reinterpret Islamic law dating from the Middle Ages in ways that conform to 21st-century norms. Among other … Continue reading NYT Excerpt: Ruud Peters in “Indonesians Seek to Export a Modernized Vision of Islam”

Comparing the Religion-State Divide in the Arab World: Constitutions

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

Legal History of Religious Accommodation and Muslim Prisoners

Bernard Freamon chronicles the legal history behind the recent case regarding religious accommodation of prisoners, Conway v. Purves. Four Muslim prisoners incarcerated in four prisons in the Michigan prison system just settled a federal lawsuit against prison officials. The lawsuit, Conway v. Purves, No. 13-cv-10271 (E.D. Michigan, 2017) alleged that the prisoners were denied sufficient nutrition when … Continue reading Legal History of Religious Accommodation and Muslim Prisoners

Gender Issues Are a National Problem, Not Just a Muslim Problem: A Response to Baroness Cox’s Statement

Guest contributor Hadeer Soliman counters Baroness Cox's statement proposing Amernment 219(C) to the Policing and Crime Bill. This bill "would require celebrants of religious marriages to take all reasonable steps to ensure that the marriage complies with the marriage laws of England and Wales. Baroness Cox, a cross-bench member of the UK House of Lords, recently proposed … Continue reading Gender Issues Are a National Problem, Not Just a Muslim Problem: A Response to Baroness Cox’s Statement

The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India

South Asia editor Zubair Abbasi surveys the influence of England’s Privy Council – also known as the British Judicial Committee of the Privy Council – on awqāf (Islamic endowments, or trusts). As the highest court of appeal in the British Empire, "[t]he Privy Council contributed towards the development of several legal principles in Islamic endowment law," in attempts to standardize law throughout the colonies. Its jurisprudence in turn … Continue reading The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India

CASE: Abul Fata Mahomed Ishak v Russomoy Dhur Chowdury (1894)

This case exemplifies the complex influence of the British Privy Council on Islamic law (called “Muhammadan law”) in India during colonial rule. While the British rulers instituted their legal system in India, family and inheritance law often remained under the purview of the exponents of Islamic law. This case demonstrates the political and legal complexities … Continue reading CASE: Abul Fata Mahomed Ishak v Russomoy Dhur Chowdury (1894)