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)

REVIEW:: Classical Islamic Law and Modern Bankruptcy (A Review of Abed Awad, “Classical Islamic Law and Modern Bankruptcy” (2010))

In their paper Classical Islamic Law and Modern Bankruptcy (2010), U.S. editor Abed Awad and his co-author Robert E. Michael compares bankruptcy in classical Islamic law to American bankruptcy pre and post the enactment of Chapter 11. Bankruptcy in classical Islamic law is "strongly analogous to the traditional civil and common law treatment of bankrupts prior to … Continue reading REVIEW:: Classical Islamic Law and Modern Bankruptcy (A Review of Abed Awad, “Classical Islamic Law and Modern Bankruptcy” (2010))

Commentary :: The Comparative Costs and Benefits of Models of Islamic Finance Regulation

Islamic finance is under increased scrutiny. Just last week, the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI) announced plans to more aggressively develop centralized standards to regulate the boards responsible for assessing sharīʿa-compliance among banks and financial institutions doing business in GCC countries. UAE editor Paul Lee provides some context. From a series … Continue reading Commentary :: The Comparative Costs and Benefits of Models of Islamic Finance Regulation

Qanun of Aceh, No. 14 of 2003 on Khalwat (Close Proximity)

Law No. 22 of 1999 on Regional Autonomy stipulates that the Indonesian national government acknowledges the Special Region status of the Province of Aceh and grants the provincial government of Aceh the right to include precepts of ‘syariat’ (or Islam) in its local regulations. The Law also grants the Ulama (Islamic religious leaders) a role in the implementation of … Continue reading Qanun of Aceh, No. 14 of 2003 on Khalwat (Close Proximity)

CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

Privacy in Islamic Law in the Modern State

Guest contributors Vidusha Mardi and Bhaira Acharya examine issues of privacy and the state in Islamic law with the baseline argument that privacy is the default rule in Islamic law and that the public sphere, into which the state may intrude, is the exception to this rule. As they put it, Islamic law recognizes that "every society [must] impose certain requirements … Continue reading Privacy in Islamic Law in the Modern State

IN SUMMARY :: Intisar Rabb and Manal Omar in Conversation with Ethan Zuckerman (Part of the MLTalks Series at MIT)

Wed, Oct 19 | 1.00-2.00pm Ethan Zuckerman, MIT; Intisar Rabb, Harvard Law School; Manal Omar, USIP. Presented at the MIT Media Lab. Ethan Zuckerman framed the conversation with HLS Professor and SHARIAsource Editor-in-Chief Intisar Rabb and USIP VP for the Middle East Manal Omar discussion within a larger approach of the Media Lab’s aim to … Continue reading IN SUMMARY :: Intisar Rabb and Manal Omar in Conversation with Ethan Zuckerman (Part of the MLTalks Series at MIT)

IN SUMMARY: White House Lawyer Raheemah Abdulaleem (HLS ’01) talks Big Law and Public Service (In Conversation with Intisar Rabb)

SHARIAsource hosted the first of its lunch discussions, entitled “From Big Law to Public Service in the White House.” Over lunch, Raheemah Abdulaleem, Associate General Counsel in the Executive Office of the President, Office of Administration, the White House, intimated to current HLS students details of her first years as a newly barred lawyer and how … Continue reading IN SUMMARY: White House Lawyer Raheemah Abdulaleem (HLS ’01) talks Big Law and Public Service (In Conversation with Intisar Rabb)

Does ISIS Really Follow the Salafī Version of Islamic Law and Theology?

Guest contributor Jacob Olidort critically examines ISIS's claim of adherence to the doctrine of Salafism, a popular orientation among conservative Muslim clerics who attempt to model their actions on a certain vision of law and theology in the early Muslim community. Himself a scholar of modern Salafī thought, Olidort concludes that ISIS's claims are at … Continue reading Does ISIS Really Follow the Salafī Version of Islamic Law and Theology?

The Construction and Failure of Islamic Laws of Evidence in ISIS’s State-Building Project

Guest contributor Mara Revkin outlines the legal infrastructure of ISIS. She argues that the movement's barbarism and apparently wanton acts of terrorism belies a self-contained legal system based on Islamic law – including the Islamic law of evidence. Using interviews with eighty-two Syrians and Iraqis, Revkin reconstructs how evidence is used within ISIS's purported borders. … Continue reading The Construction and Failure of Islamic Laws of Evidence in ISIS’s State-Building Project