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 1/2
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
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?
One largely unnoticed development that has arisen in Iraq since the US invasion in 2003 has been the manner in which the Iraqi state and the Shi’i religious establishment known broadly as the marjaʿiyya have bound themselves rather tightly together in the area of waqf law. This is important, because the waqf business in Iraq … Continue reading Will Baghdad’s Government Decide Shi’i Islam’s Future Highest Jurist? Religion-State Entanglements and the Waqf in Iraq
In 1983 at its Third Islamic Summit Conference, the Organization of Islamic Cooperation founded the International Islamic Fiqh Academy (“IIFA”). Based in Jeddah, Saudi Arabia, the IIFA is tasked with the advancement of knowledge in the fields of culture, science, and economics. The IIFA engages in ijtihād—Islamic legal interpretation—to evaluate technological and social developments and … Continue reading Does Islamic Law Support Human Cloning?
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
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
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
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
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