Weekend Scholarship Roundup

In "Are the Limitations on Remedies Fair? A Comparative Study between the US Law and Islamic Law" (SSRN, May 18, 2021), Fahad Aldossary (Southern Methodist University - Dedman School of Law) discusses how US and Islamic laws situate and understand the legal concepts of "foreseeability, causation, mitigation, and certainty." In "Mapping The Common Law Concept … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the US Mass Incarceration?" (SSRN,  June 23, 2021),  Amin R. Yacoub (University of Virginia School of Law) and Becky Briggs (University of San Diego) discuss the phenomenon of mass incarceration in the United States and how Islamic law principles of criminal … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

The new issue of the Journal of Islamic Law at Harvard Law School (Journal of Islamic Law 2, no. 1 (2021)) has been published online.  The new issue includes an article by Sohaira Siddiqui (Georgetown University) entitled "Triple Divorce and the Political Context of Islamic Law in India" that discusses the recent enactment of an … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "From conquest to co-existence: Burhān al-Dīn al-Marghīnānī's (d. 593/1197) re-interpretation of jihād" (Journal of Islamic Studies, vol. 32 no. 2), Youcef L. Soufi (University of Toronto) takes issue with the mainstream view in scholarship that second/eight century Muslim jurists' conception of jihād was uniformly in support of continuous imperial conquest. In "Islam from the … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "On Sacred Land" (Minnesota Law Review, vol. 105 (2021)), Khaled A. Beydoun (Wayne State University Law School) discusses America's "Anti-Sharia Movement" within the context of the Religious Land Use and Institutionalized Person's Act, highlighting the resistance local governments exhibit against the creation of mosques and other Islamic community centers across the country. In "Women … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In her book review of Mohammed Fadel and Connell Monette's translation of Al-Muwaṭṭaʾ, Adday Hernández (ILC-CSIS) welcomes the translation and describes it as a work that will become "one of the main reference sources" in the field of Islamic legal studies. In her undergraduate thesis entitled "I Know How the Caged Bird Tweets: Online Dissent … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In Rediscovery and Revival in Islamic Environmental Law: Back to the Future of Nature's Trust (Cambridge University Press, 2021), Samira Idllalenè (Cadi Ayyad University, Marakesh) argues that commonalities across religions and different legal systems, including common law, Islamic law, and environmental law, can be employed to create better protections against climate change. In Reopening Muslim … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "Peace to those of Faith: Political Affiliation and Belonging in Classical Islamic Thought" (Routledge Handbook of Citizenship in the Middle East and North Africa 2021), Omar Farahat (McGill University Faculty of Law) discusses the concept of belonging in classical Islamic thought, focusing on multilayered descriptions of tribal identity. In "Eradicating Gender-Based Violence against Female-Intimate … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "The Application of Maqasid Al-Shari’ah in the Foreign Policy of Islamic States" (International Journal of Academic Research in Business and Social Sciences, 2021), Usman Safiyanu Duguri and others discuss the relevance of the objectives of Islamic law (maqāsid al-sharī'a) to how Muslim-majority nations formulate their foreign policies, with an added observation that maqāsid al-sharī'a … Continue reading Weekend Scholarship Roundup