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

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

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

In the News: Adnoc Distribution Granted Sharīʿa-Compliance Certification

This month, the UAE’s largest fuel and convenience retailer, Adnoc Distribution, was granted sharīʿa-compliance certification for its shares. As a result, brokerage units of Islamic banks will now be able to trade the company's stocks. As further elaborated in a SHARIAsource expert analysis authored by Paul Lee, there are three models of sharīʿa compliance: (1) the … Continue reading In the News: Adnoc Distribution Granted Sharīʿa-Compliance Certification

Is Islamic Purposivism (maqāṣid al-sharīʿa) a Thinly-Disguised Form of Utilitarianism?

Thanks to the efforts of modern Muslim legal reformers, the medieval jurisprudential doctrine of maqāṣid al-sharīʿa has become ubiquitous, not only in the legal writings of contemporary Muslim jurists and scholars of Islamic law, but also among the educated Muslim lay-public. Yet, the appeal to maqāṣid al-sharīʿa – which I will translate as purposivism in this post … Continue reading Is Islamic Purposivism (maqāṣid al-sharīʿa) a Thinly-Disguised Form of Utilitarianism?

In the News: Maldives

Last week, the Maldivian parliament received an emergency motion against the appointment of two female judges to the Supreme Court. As further elaborated in SHARIAsource’s Country Profile, the Maldives’ Constitution designates Islamic law is the principal source of legislation. The motion was proposed on the basis that the appointments would contradict Islamic principles and law. … Continue reading In the News: Maldives

Recent Scholarship: Gómez-Rivas on the Development of Legal Institutions in the Far Maghrib

Law and the Islamization of Morocco under the Almoravids: The Fatwās of Ibn Rushd al-Jadd by Camilo Gómez-Rivas. From the publisher: "Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the … Continue reading Recent Scholarship: Gómez-Rivas on the Development of Legal Institutions in the Far Maghrib

Commentary :: Ethiopia’s 1999 Federal Courts of Sharia Consolidation Proclamation: The Function of the Sharīʿa Courts

By Michael Kebede Introduction The Federal Courts of Sharia Consolidation Proclamation, enacted in 1999 by the House of People’s Representatives, reorganizes Ethiopia’s official sharīʿa courts to conform with the country’s newly established federal court system.[1] Before Ethiopia’s current regime came to power in 1991, a de jure centralized court system run by a unitary state … Continue reading Commentary :: Ethiopia’s 1999 Federal Courts of Sharia Consolidation Proclamation: The Function of the Sharīʿa Courts