Islamic Law & Law of the Muslim World eJournal: August 16

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Sharīʿa Supervisory Boards, Governance Structures and Operational Risk Disclosures: Evidence from Islamic Banks in MENA Countries" by Ahmed Elamer, Collins Ntim, Hussein Abdou, and Chris Pyke This paper examines the impact of Sharīʿa supervisory board (SSB) and governance structures on the extent of operational risk disclosures (ORDs), … Continue reading Islamic Law & Law of the Muslim World eJournal: August 16

Forum Reply: Tamir Moustafa on “Constituting Religion”

"The Immanent Frame" recently published Tamir Moustafa's reply to a forum on his book Constituting Religion: Islam, Liberal Rights, and the Malaysian State (Cambridge, 2018). In his reply, he outlines the ways in which the co-constitutive dynamics of law, religion, politics, and society are complex. Here is an excerpt of his reply: I want to thank everyone who … Continue reading Forum Reply: Tamir Moustafa on “Constituting Religion”

Recent Scholarship: Siddiqui on Syed Mahmood

Sohaira Siddiqui, Georgetown University Qatar, recently published "Navigating Colonial Power: Challenging Precedents and the Limitation of Local Elites" in Islamic Law and Society 26:3 (13 June 2019), 1-41. "In 1869, the British allowed Muslims to sit as judges on the High Court. This article explores the legal opinions of the first Muslim judge to be appointed to the High Court, … Continue reading Recent Scholarship: Siddiqui on Syed Mahmood

Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Photograph of Indian flag flowing in the wind

By Zubair Abbasi India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Islamic Law & Law of the Muslim World eJournal: August 7

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Muslims and Sacred Texts and Laws" by Ihsan Yilmaz Like secular law, Islamic law also deals with matters of social, political, and economic interaction. This includes marriage, divorce, inheritance, criminal offenses, contracts, commercial transactions, constitutional law, and international law; basically, paralleling the secular law … Continue reading Islamic Law & Law of the Muslim World eJournal: August 7

Recent Scholarship: Redding Responds to Stephens’ “Governing Islam”

The blog "Law and Other Things" recently featured a book review of Governing Islam: Law, Empire and Secularism in South Asia (2018), written by Jeffrey Redding. The book, authored by Julia Stephens, explores the colonial underpinnings of contemporary struggles between Islam and secularism in India, Pakistan, and Bangladesh. Here is an excerpt of the book review: Stephens’ … Continue reading Recent Scholarship: Redding Responds to Stephens’ “Governing Islam”

Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

"Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58" by Rabiat Akande. This article narrates the ways in which siyasa, understood as "discretionary powers of political rulers," facilitated the making of a British Colonial Islamic law. Here, Akande focuses on criminal law in order to highlight what set … Continue reading Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

Islamic Law & Law of the Muslim World eJournal: July 26th

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This week’s issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes: “The Recognition and Enforcement of Foreign Filiation Judgments in Arab Countries” by Béligh Elbalti This chapter from Filiation and the Protection of Parentless Children: Towards a Social Definition of the Family in Muslim Jurisdictions, edited by Nadjma Yassari, Lena-Maria Möller, … Continue reading Islamic Law & Law of the Muslim World eJournal: July 26th

Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

Summary and context: In 1924, Turkey abolished the Ottoman Caliphate through a statute numbered 431, or Law No. 431. The construction of the statute was somewhat ambiguous in that it stated that the Caliphate was abolished because that institution was inherent to the State and the Republic, thus almost justifying its abolishment as a separate … Continue reading Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

Professor Kim Lane Scheppele has convincingly drawn attention to the fact that most legal scholarship on citations of foreign law by supreme or constitutional courts tends to focus on citations of “positive” models, that is, models to which the jurisdiction citing them aspires.[1]  Professor Scheppele pluralizes the universe of citations by adding the “aversive” category, … Continue reading Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?