Is Islamic Legal Theory Conservative?

There are plenty of reasons to say that it is. The corpus of revealed prooftexts is closely guarded and ranked by the decisions of hadith critics of old. The meaning of each word is governed by prescribed literal interpretations that must be followed in the absence of contrary evidence. When prooftexts conflict, abrogation settles the … Continue reading Is Islamic Legal Theory Conservative?

Istanbul conference brings postclassical uṣūl al-fiqh into the limelight

The academic study of Islamic legal theory in the English–speaking world has been marked by several landmark gatherings: in Princeton (1983), Alta, Utah (1999), and Istanbul (2016 and now October 2019). The latest, held October 15–17 at Istanbul University, for the first time gave equal attention to the formative, classical, postclassical, and modern periods of … Continue reading Istanbul conference brings postclassical uṣūl al-fiqh into the limelight

Does Islamic Law Support Human Cloning?

In 1983 at its Third Islamic Summit Conference, the Organization of Islamic Cooperation founded the International Islamic Fiqh Academy (“IIFA”).[1]  Based in Jeddah, Saudi Arabia, the IIFA is tasked with the advancement of knowledge in the fields of culture, science, and economics.[2]  The IIFA engages in ijtihād—Islamic legal interpretation—to evaluate technological and social developments and … Continue reading Does Islamic Law Support Human Cloning?

Islamic Law & Law of the Muslim World eJournal: September 25

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Multiplying Zeroes: (In)Validity of Promises in Marriage Contracts under Pakistani Case Law" by Muhammad Munir, International Islamic University, Islamabad - Department of Law.  This article explains how the superior courts in Pakistan have interpreted stipulations in marriage contracts (Nikahnama) in selected cases mostly from 2009 … Continue reading Islamic Law & Law of the Muslim World eJournal: September 25

Abd al-Razzāq al-Sanhūrī’s Conception of Modern Islamic International Law versus the Practice of Muslim States

ʿAbd al-Razzāq al-Sanhūrī (1895-1971), Egypt’s most celebrated jurist of the 20thcentury, is most famous for his efforts to create a modern Arab legal system that reflected the fundamental principles of Islamic law while also incorporating the most important developments of modern legal science. The Egyptian Civil Code, for which he was the principal drafter, was … Continue reading Abd al-Razzāq al-Sanhūrī’s Conception of Modern Islamic International Law versus the Practice of Muslim States

International & Comparative Law eJournal: September 19

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This week’s issue of SSRN’s Law & Society: International & Comparative Law eJournal includes: "Uncharismatic Revolutionary Constitutionalism" by Stephen Gardbaum.  A reasonably familiar type of constitutionalist revolution is the one engineered and led by a charismatic hero and movement-party whose political legitimacy has been earned through long years of struggle and sacrifice on behalf of the people against the … Continue reading International & Comparative Law eJournal: September 19

Islamic Law & Law of the Muslim World eJournal: September 18

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "The Ban and the Borderlands Within: The Travel Ban As a Domestic War on Terror Tool" by Khaled Beydoun. This article seeks to address this scholarly and discursive void, and at minimum, commence scholarly investigation into the Travel Ban’s impact beyond the border. It examines … Continue reading Islamic Law & Law of the Muslim World eJournal: September 18

Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas

"Introduction to the English Translation of the Muwatta' of Imam Malik b. Anas, Recension of Yahya b. Yahya al-Laythi (Royal Moroccan Edition, 2013)," Mālik b. Anas, al-Muwaṭṭaʾ -- Recension of Yaḥyā b. Yaḥyā al-Laythī (d. 234/848), edited and translated by Mohammad Fadel, University of Toronto Faculty of Law, and Connell Monette, American Academy Casablanca. The Muwatta' of Malik b. Anas … Continue reading Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas

Recent Developments in Muslim Marriages and Civil Laws

Last summer, the Guardian reported on a legal proceeding in the United Kingdom that explored the extent to which UK law recognizes a marriage conducted according to Islamic law, yet unaccompanied by a civil law marriage. As described in the article, the husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. … Continue reading Recent Developments in Muslim Marriages and Civil Laws

Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

"Property and Its Rule (in Late Indo-Islamicate and Early Colonial) South Asia: What’s in a Name?" by Faisal Chaudhry, University of Dayton - School of Law; University of Dayton, published in the Journal of the Economic and Social History of the Orient. This article sets out a framework for understanding two key issues in the history of … Continue reading Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems