Islamic Law in the News 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

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

Islamic Law in the News Roundup

Ahmadullah, a prominent Muslim cleric from Bangladesh, issued a fatwā stating that using the laughing emoji to mock people is forbidden under Islamic law. Muslim women in Kenya have lobbied the government to ensure that a woman is appointed to the top Kadhi court adjudicating Islamic law matters. A new Pew Research study found that … Continue reading Islamic Law in the News Roundup

Islamic Law, Assisted Reproductive Technologies, and Surrogacy

By Ayman Shabana In the Islamic legal tradition, family relationships are based on one of three main bonds: blood, marriage, and breastfeeding. One’s formal affiliation is determined primarily on the basis of the agnatic line of descent. Family relationships on the maternal side are important but most lineage-related regulations are based on one’s patrilineal descent. … Continue reading Islamic Law, Assisted Reproductive Technologies, and Surrogacy

Islamic Law of Paternity and DNA Evidence

By Ayman Shabana In the Islamic tradition, Islamic rules governing paternity are closely tied to a number of important legal concepts and procedures. Most importantly, paternity regulations have strong connections with marriage and the definition of a licit sexual relationship, mainly in light of the well-known Prophetic report which has established that link “the child … Continue reading Islamic Law of Paternity and DNA Evidence

Islamic Law in the News Roundup

A Reuters investigation of Indonesia's banking and finance sector revealed that an increasing number of Muslims employed in that sector are "quitting traditional banks" citing concerns of incompatibility with Islamic law. Former Minister of European Affairs of Portugal, Bruno Macaes, stated that Islam "is part of European history and culture," adding that "it's not a … Continue reading Islamic Law in the News Roundup

Islamic Law, (Bio)ethics, and Ethical Gatekeeping of Science

By Ayman Shabana One of the important reasons why the use of the term “Islamic law” as the English counterpart for sharīʿa is problematic has to do with the conceptualization of the relationship between law and ethics in Islam. In the modern period, the term “law” is often understood as positive, secular, or man-made law, … Continue reading Islamic Law, (Bio)ethics, and Ethical Gatekeeping of Science

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

Sharīʿa, Custom, and Modern Legal Reform

By Ayman Shabana In the Islamic juristic tradition, the relationship between sharīʿa and custom raised important methodological questions, ranging from: the nature and number of sources, formulation of rulings, guidelines for the understanding and interpretation of the scriptural texts, and implementation and application of legal rules particularly in novel cases requiring independent reasoning. In general, … Continue reading Sharīʿa, Custom, and Modern Legal Reform