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

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

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”

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?

Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

In 1926, the young Turkish Republic abandoned its codified Islamic personal status law and replaced it with the secular Swiss Civil Code.[1] The new republican government, replacing its Ottoman predecessor, also adopted the Swiss Code of Obligations laying out the law of contracts.[2] Both of these legal transplants were part of a larger movement concerned … Continue reading Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

Recent Scholarship: History of Sharīʿa

The South African newspaper Mail & Guardian recently featured a book review of Understanding Sharia: Islamic Law in a Globalised World (2018), by Raficq S. Abdullah and Mohamed M. Keshavjee. The book explores the history of sharīʿa and its role in the modern world. Here is an excerpt of the book review: While the authors … Continue reading Recent Scholarship: History of Sharīʿa

Recent Scholarship: Islam and Irish Law

A new book published last month by Brill, Minority Religions under Irish Law: Islam in National and International Context, edited by Kathryn O’Sullivan (University of Limerick), examines how minority religions in general – and Islam in particular – fit into the legal and policy context in Ireland. The chapters address high-profile issues such as marriage … Continue reading Recent Scholarship: Islam and Irish Law

Recent Scholarship: European Muslims and Islamic Law

Two recent journal articles explore how Islamic law is being defined, debated, and applied in Europe – both by Muslims and by courts. Maurits S. Berger’s “Understanding Sharia in the West” in the Journal of Law, Religion and State discusses three different "representations" of sharīʿa: “as scholarship, as a set of rules inserted into the modern … Continue reading Recent Scholarship: European Muslims and Islamic Law