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

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

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

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

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: "Sharia 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 Sharia supervisory board (SSB) and governance structures on the extent of operational risk disclosures … Continue reading Islamic Law & Law of the Muslim World eJournal: August 16

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

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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 ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women