The Ḥanafī Israeli Supreme Court

By Jonathan Korn This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Case Summary: The document discussed in this post is a translation of an Israeli Supreme Court (the “Court”) decision from 2013 in which the … Continue reading The Ḥanafī Israeli Supreme Court

Weekend Scholarship Roundup

Leor Halevi's Modern Things on Trial: Islam's Global and Material Reformation in the Age of Rida 1865-1935, Columbia University Press 2019, wins the J. Willard Hurst Book Prize. In "Ideology, Communication, and Response to Terrorism: A Sharia-based Perspective," Islamic Law & Law of the Muslim World eJournal (originally published in the International Journal of Academic … Continue reading Weekend Scholarship Roundup

Constitutionalizing Transgender Rights in Malaysia

By Jonathan Korn This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Case Summary: In 2014, a Malaysian federal court invalidated an Islamic state law criminalizing the public behavior and appearance of transwomen (people … Continue reading Constitutionalizing Transgender Rights in Malaysia

Report of the Panel of Jurists: Judicial Discretion and Popular Legitimacy

By Dixie Morrison This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Report Summary: Report of the Panel of Jurists Appointed by the Northern Region Government to Examine the Legal and Judicial Systems of the Region … Continue reading Report of the Panel of Jurists: Judicial Discretion and Popular Legitimacy

Shamim Ara and the “Judicialization” of Divorce

By Dixie Morrison This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Case Summary: Shamim Ara v. State of U.P. & Anr. is a family law case decided by the Supreme Court of India in 2002. … Continue reading Shamim Ara and the “Judicialization” of Divorce

A Field Guide to Digital Islamic Law Resources

Educators and researchers around the world are navigating teaching and learning in response to COVID-19 related disruptions and closures. Below we provide, in the form of a downloadable document, instructive links and annotations to SHARIAsource and other Harvard resources, global online digital resources, and a robust "Digital Islamic Law Collection." For an enhanced browsing experience, … Continue reading A Field Guide to Digital Islamic Law Resources

COVID-19 and Islamic Law Roundup (4/10)

Image representing a virus Image credit: Wikimedia Commons

Countries and communities around the world are working to contain COVID-19 and mitigate its effects. The following digest represents a variety of sources in which law, particularly Islamic law, was invoked in the decision making process. All roundups can be found at this link. Religious communities use digital tools, such as Zoom, to host services, lead … Continue reading COVID-19 and Islamic Law Roundup (4/10)

COVID-19 and Islamic Law Roundup (1/10)

Image representing a virus Image credit: Wikimedia Commons

Countries and communities around the world are working to contain COVID-19 and mitigate its effects. The following digest represents a variety of sources in which law, particularly Islamic law, was invoked in the decision making process. Bahrain's Ayatollah Sheikh Isa Qassim calls for the suspension of religious and social activities throughout the country. Iran cancels … Continue reading COVID-19 and Islamic Law Roundup (1/10)

Marriage as Children’s Play: Unregistered Islamic Marriages under English Law

That marriage creates certain rights and obligations goes without saying. The legal definition of marriage, however, remains contentious, especially in multicultural, religiously diverse and legally pluralistic states and societies where legal and religious definitions of marriage may differ. The complexity of the issue is exacerbated when courts have to balance private and public interests while … Continue reading Marriage as Children’s Play: Unregistered Islamic Marriages under English Law

The Libyan Supreme Court and the Meaning of Ribā: A New Approach?

One of the most vexing problems that modern high courts face when interpreting and applying Islamic law concerns the taking of money interest. The framework of the basic problem tends to be the same, whether the state is Egypt, Iraq, or Pakistan. Libya’s most recent foray into this field deserves some attention, however, because it … Continue reading The Libyan Supreme Court and the Meaning of Ribā: A New Approach?