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
Islamic Finance Guru, a UK-based Islamic finance platform, recently raised £3 million in investments. The Saudi Crown Prince's overhaul of the country's legal system and practices traditionally thought as being mandated by sharī'a has given rise to discontent among some of the population. Ahead of the national Islamophobia summit, the National Council of Canadian Muslims … Continue reading Islamic Law in the News Roundup
By Nurfadzilah Yahaya My book Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) traces changing notions of family and clan across legal cultures in the realm of family law. Supposedly, Islamic law does not enter the secular sphere of politics during the colonial period. Yet, although dissipation of political power … Continue reading Family Law as Colonial Specter of Shelter
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
By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?
By Omar Khaled Abdel-Ghaffar This is a summary of the lecture by Prof. Ahmed El Shamsy entitled “What Kind of Gloss is a Ḥashiya?,” delivered on April 28, 2021 at 12 noon (EST), 6 pm (Münster) 7 pm (Istanbul) via Zoom. Professor El Shamsy’s lecture described the history, impact, and receptions of legal ḥāshiya literature, … Continue reading Monthly Lectures on Islamic Legal Genres: “Genre as a Tool for Understanding Islamic Law” by Prof. Ahmed al-Shamsy
By Omar Khaled Abdel-Ghaffar This is a summary of the lecture by Dr. Samy Ayoub entitled “Creativity in Continuity: al-rasā’il al-fiqhīyya as a Genre for Legal Change,” delivered on May 26, 2021 at 12 noon (EST), 6 pm (Münster) 7 pm (Istanbul) via Zoom. Samy Ayoub’s lecture on May 26, 2021 on late Ḥanafī rasā’il … Continue reading Monthly Lectures on Islamic Legal Genres: “Genre as a Tool for Understanding Islamic Law” by Dr. Samy Ayoub
A Pew Research Center study found that around 63% of Indian Muslim believe that there is "one true way" to interpret the teachings of their religion.
A report by the International Social Service entitled "Kafalah: Preliminary analysis of national and cross-border practices" discusses the concept of kafālah, a form of child care recognized under Islamic law, and its reception across a number of jurisdictions globally. In "The Concept of Ecological Balance and Environmental Conservation: An Islamic Practice" (SSRN, July 2, 2021), … Continue reading Weekend Scholarship Roundup
Earlier this year, a Texas judge ordered that a woman seeking a divorce forgo Texas courts but instead submit to the jurisdiction of a sharī'a panel in Saudi Arabia, pursuant to the prenuptial agreement the woman had executed when entering her marriage. Ethos Invest has recently launched an ethical, sharī'a-compliant fund. A Moroccan woman was … Continue reading Islamic Law in the News Roundup